"Anti-dumping measures are injurious to the interest of consumers." Explain and discuss WTO provisions for Anti-dumping.

CS Professional · International Business – Laws and Practices · PYQS · December 2019
"Anti-dumping measures are injurious to the interest of consumers." Explain and discuss WTO provisions for Anti-dumping.

Answer & Explanation:

Dumping occurs when goods are exported by one country to another country at a price lower than the normal value of the goods. Anti-dumping is a measure to rectify the situation arising out of the dumping of goods and its trade distortive effect. It is permitted by WTO. It is infact an instrument to ensure free trade. It is a trade remedial measure to counteract the trade distortion caused by dumping and the consequential injury to domestic industry. A country can complain about unfair trade practices of another country to Dispute Settlement Body of WTO and after the order therefrom, it gets every right to put anti-dumping duties. GATT (Article 6) allows countries to take action against dumping. The contracting parties recognize that dumping, by which products of one country are introduced into the commerce of another country at less than the normal value of the products, is to be condemned 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 industry. For the purposes of this Article, a product is to be considered as being introduced into the commerce of an importing country at less than its normal value, if the price of the product exported from one country to another :- is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country, or, in the absence of such domestic price, is less than either the highest comparable price for the like product for export to any third country in the ordinary course of trade, or the cost of production of the product in the country of origin plus a reasonable addition for selling cost and profit. Due allowance shall be made in each case for differences in conditions and terms of sale, for differences in taxation, and for other differences affecting price comparability. In order to offset or prevent dumping, a contracting party may levy on any dumped product an anti-dumping duty not greater in amount than the margin of dumping in respect of such product.

Topics: International Trade Law

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