The Panel in Mexico – Steel Pipes and Xxxxx Sample Clauses

The Panel in Mexico – Steel Pipes and Xxxxx noted that the selection of the period of investigation by an investigating authority was a critical element in the anti-dumping investigative process.12 The Panel noted further that there were clear textual indications that anti-dumping measures could only be imposed to offset dumping currently causing injury.13 The data on which such a determination was made could be based on a past period, although given that "historical" data was being used to draw conclusions about the current situation it was likely that more recent data would be "inherently more relevant and thus especially important to the investigation."14 The Panel considered that "the investigating authority should rely upon information pertaining to a period approaching, as close as practicable, the date of initiation of the investigation."15 In this case, the Panel needed to consider whether a gap of eight months between the end of the period of investigation and the initiation of the investigation, and another gap of just over two years between the end of the period of investigation and the imposition of the final anti-dumping duties raised doubts about the existence of a "sufficiently relevant nexus between the date relating to the period of investigation and current injury and causal link as to result in a violation of Article 3.1