Law of the WTO
DQ4 – Discussion Question:
Article VI of the GATT provides for the right of contracting parties to apply anti-dumping measures, that is, measures against imports of a product at an export price below its “normal value” (usually the price of the product in the domestic market of the exporting country) if such dumped imports cause injury to a domestic industry in the territory of the importing contracting party.
More detailed rules governing the application of such measures are currently provided in an Anti-dumping Agreement.
In view of the above:
– Explain the concept of “dumping” under WTO law.
– How is a determination of injury to the domestic industry made?
– When and how can an anti-dumping investigation be started?
– What anti-dumping measures can be imposed?
– Textbook
Van den Bossche, P and Zdouc, W. (2013) The Law and Policy of the World Trade Organization: Text, Cases and Materials, 3rd Edition, Cambridge University Press. Sections 11.2.1 to 8.2.
– Journal articles
Lester, S. ‘United States: Final Anti-Dumping Measures on Stainless Steel from Mexico’ (2008) 102 The American Journal of International Law 834-841
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