Price undercutting methodology Sample Clauses

Price undercutting methodology. 41. The EC contended that Japan' s argument concerning the methodology of selecting models for the analysis of price undercutting was a claim which was not within the terms of reference of the Panel. The EC argued that this claim was not raised in a sufficiently specific manner during conciliation. The EC argued that Japan' s later arguments concerning the selection of models of cassettes and averaging of undercut prices of cassettes were separate claims which were not raised in paragraph 21 of document ADP/85/Add.1, and accordingly were not referred to in the documents establishing the Panel' s terms of reference.
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Price undercutting methodology. 321. The EC contended that Japan' s claim that the EC' s methodology for selecting the export models to be used in performing a comparison of price undercutting was inconsistent with Article 3 was not raised during the conciliation phase of the proceeding.

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