80 Wenwei Guan
From the General Agreement on Tariff and Trade (“GATT”) to the World Trade
Organization (“WTO”), antidumping has been one of the most contentious, yet most
frequently used mechanisms in the multilateral trading framework. On several
occasions since the GATT’s establishment in 1947, antidumping has received ‘elaborate
attention’ in the international trading framework.
The Anti-Dumping Agreement
is considered to be the most technical and controversial agreement within the
original panel or Appellate Body reports have been circulated to Members, were
trade remedy cases, and among them, 19 cases were antidumping related.
settlement process, 97 cases cite the Antidumping Agreement in their requests for
Antidumping is thus considered to be “the most important contingent
protection measure” that is provided in the GATT/WTO framework.
significance of the regime, there has been rich scholarship on the antidumping
Antidumping reform has therefore long been one of the key issues in the GATT/
WTO framework, and yet has faced strong resistance at the same time. In prior
negotiations before the Doha Round, the US and the EU successfully “contain[ed]
antidumping reform initiatives within narrow limits without any real sacrifice
of their own major negotiation objectives.”
However, recent proliferation of
antidumping laws and the threat of abuse have changed the situation.
reform is now one of the points of concern in the WTO Membership’s agenda in
1 E. VErmulst, thE WtO Anti-Dumping AgrEEmEnt: A COmmEntAry 3 (2005). [Emphasis added]
2 Id. at Forward. Lindsey and Ikenson call antidumping policy “a hot-button issue” in the US trade policy debate. See B.
linDsEy & D. ikEnsOn, AntiDumping ExpOsED: thE DEVilish DEtAils Of unfAir trADE lAW ix (2003).
3 See Selected Statistics: the First Ten Years of the WTO, in kEy issuEs in WtO DisputE sEttlEmEnt: ThE First TEn
yEAr 289 (R. Yerxa & B. Wilson eds., 2005).
4 For details, see WTO, Disputes by Agreement, available at http://www.wto.org/english/tratop_e/dispu_e/dispu_
agreements_index_e.htm?id=A6 (last visited on Nov. 20, 2013).
5 A. AggArWAl, thE Anti-Dumping AgrEEmEnt AnD DEVElOping COuntriEs: An intrODuCtiOn 3 (2007).
6 See, e.g., J. JACksOn & E. VErmulst, AntiDumping lAW AnD prACtiCE: A COmpArAtiVE stuDy (1990); J. fingEr,
AntiDumping: hOW it WOrks AnD WhO gEts hurt (1993); B. hinDlEy & p.mEssErlin, AntiDumping inDustriAl pOliCy:
lEgAlizED prOtECtiOnism in thE WtO AnD WhAt tO DO ABOut it (1996); g. mAstEl, AntiDumping lAWs AnD thE us
ECOnOmy (1998); B. linDsEy & D. ikEnsOn, AntiDumping ExpOsED: thE DEVilish DEtAils Of unfAir trADE lAW (2003);
r. rAslAn, AntiDumping: A DEVElOping COuntry pErspECtiVE (2009).
7 Lindsey & Ikenson, id. at 149.
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