Date: 2018
Type: Working Paper
United States–certain methodologies and their application to anti-dumping proceedings involving China : hitting nails in the coffin of unfair dumping margin calculation methodologies
Working Paper, EUI RSCAS, 2018/61, Global Governance Programme-326, [Global Economics]
PRUSA, Thomas J., VERMULST, Edwin, United States–certain methodologies and their application to anti-dumping proceedings involving China : hitting nails in the coffin of unfair dumping margin calculation methodologies, EUI RSCAS, 2018/61, Global Governance Programme-326, [Global Economics] - https://hdl.handle.net/1814/60065
Retrieved from Cadmus, EUI Research Repository
The WTO Appellate Body report United States – Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China is yet another in a long line of disputes involving U.S. Department of Commerce’s dumping margin calculation methodologies. The AB ruled against the United States on three important aspects: (1) the use of the Nails test to rationalize the exceptional method in Article 2.4.2 of the Anti-Dumping Agreement so as to justify using the weighted average-to-transaction methodology in dumping margin calculations; (2) the treatment of multiple companies in a non-market economy as a single NME-wide entity; and (3) the USDOC’s policy of using adverse facts available for such an entity. Yet, some aspects of the AB’s decision – most notably affirming the use of average prices – significantly weaken Article 2.4.2’s pattern requirement and potentially open the door to greater use of the exceptional method.
Cadmus permanent link: https://hdl.handle.net/1814/60065
ISSN: 1028-3625
Series/Number: EUI RSCAS; 2018/61; Global Governance Programme-326; [Global Economics]