Book contents
- Frontmatter
- Contents
- Foreword
- A note on the American Law Institute
- List of reporters
- 1 Introduction
- 2 EC – Asbestos European Communities – Measures Affecting Asbestos and Asbestos-Containing Products
- 3 US – Shrimp United States – Import Prohibition of Certain Shrimp and Shrimp Products, Recourse to Article 21.5 of the DSU by Malaysia
- 4 US – Lamb United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia: What Should Be Required of a Safeguard Investigation?
- 5 EC – Bed Linen European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
- 6 Mexico – Corn Syrup Mexico – Anti-Dumping Investigation of High Fructose Corn Syrup from the United States, Recourse to Article 21.5 of the DSU by the United States
- 7 Argentina – Ceramic Tiles Argentina – Definitive Anti-Dumping Measures on Imports of Ceramic Floor Tiles from Italy
- 8 US – Lead and Bismuth II United States – Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom: Here Today, Gone Tomorrow? Privatization and the Injury Caused by Non-Recurring Subsidies
- 9 US – Export Restraints United States – Measures Treating Export Restraints as Subsidies
- 10 Canada - Dairy Canada – Measures Affecting the Importation of Dairy Products and the Exportation of Milk
- 11 US – Section 110(5) Copyright Act USt – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would've or Should've? Impaired Benefits due to Copyright Infringement
- Index
- References
7 - Argentina – Ceramic Tiles Argentina – Definitive Anti-Dumping Measures on Imports of Ceramic Floor Tiles from Italy
Published online by Cambridge University Press: 06 July 2010
- Frontmatter
- Contents
- Foreword
- A note on the American Law Institute
- List of reporters
- 1 Introduction
- 2 EC – Asbestos European Communities – Measures Affecting Asbestos and Asbestos-Containing Products
- 3 US – Shrimp United States – Import Prohibition of Certain Shrimp and Shrimp Products, Recourse to Article 21.5 of the DSU by Malaysia
- 4 US – Lamb United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia: What Should Be Required of a Safeguard Investigation?
- 5 EC – Bed Linen European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
- 6 Mexico – Corn Syrup Mexico – Anti-Dumping Investigation of High Fructose Corn Syrup from the United States, Recourse to Article 21.5 of the DSU by the United States
- 7 Argentina – Ceramic Tiles Argentina – Definitive Anti-Dumping Measures on Imports of Ceramic Floor Tiles from Italy
- 8 US – Lead and Bismuth II United States – Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom: Here Today, Gone Tomorrow? Privatization and the Injury Caused by Non-Recurring Subsidies
- 9 US – Export Restraints United States – Measures Treating Export Restraints as Subsidies
- 10 Canada - Dairy Canada – Measures Affecting the Importation of Dairy Products and the Exportation of Milk
- 11 US – Section 110(5) Copyright Act USt – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would've or Should've? Impaired Benefits due to Copyright Infringement
- Index
- References
Summary
Introduction: general considerations on Anti-dumping and WTO law and summary of the legal issues in this case
The WTO rules on dumping and anti-dumping reflect a political bargain, negotiated in the context of a fundamental normative dissensus as to whether dumping is a “wrong” practice and why.
In the GATT, there is an apparently strong statement against dumping, which can be defined as the sale of a product in the country of importation at a lower price than in the country of exportation, or at below cost. Dumping, the GATT says, is to be “condemned.” However, this is immediately followed by the qualification “if it causes or threatens material injury to an established industry in the territory of a contracting party or materially retards the establishment of a domestic injury”(Article VI.1: emphasis added).
Even though dumping with these injurious effects is to be “condemned,” the GATT contracting parties obviously did not agree on making dumping illegal in the GATT. Thus, there is no prohibition on dumping in the GATT, however much it may be “condemned,” and no remedy available under Article XXIII against dumping. Instead, the GATT permits the unilateral imposition of anti-dumping duties against the dumped products, as long as these do not exceed the margin of dumping.
It is extremely unclear, on any plausible normative theory of multilateral trade liberalization, why price discrimination of the kind “condemned” as dumping undermines the gains from bargained trade concessions.
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- Information
- The WTO Case Law of 2001The American Law Institute Reporters' Studies, pp. 155 - 169Publisher: Cambridge University PressPrint publication year: 2004