Common use of In EC Clause in Contracts

In EC. Fasteners (China), the Panel further considered the principle regarding non- consideration of injury caused by non-dumped imports, in relation to imports of producers/exporters not included in the sample used for the dumping determination and not separately granted individual examination. In the investigation at issue, the EU determined that all sampled producers were dumping and calculated a dumping margin for these non- sampled/unexamined producers on the basis of the dumping margins determined for the sampled producers. The two producers found not to be dumping were not included in the sample; because all producers in the sample were found to be dumping, the Panel considered that the EU authorities were entitled to rely on that evidence and treat all imports from non- sampled/unexamined producers as dumped for purposes of its injury determination; the Panel rejected China's claim under Articles 3.1 and 3.