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The application of the antidumping instrument by WTO members is
often controversial because of the protectionist character of these measures
where inefficient industries are protected from foreign competition. The legal
framework within the WTO has loopholes that leave wide discretion to the
investigating authorities to determine that a product is dumped, thereby
emphasizing the protectionist nature of antidumping. The use of antidumping
becomes even more controversial when WTO members use the antidumping tool
beyond the legal scope of WTO law.
The questions raised in this book concern the EU dumping determinations and
their conformity with WTO law. This thought-provoking work examines whether
European Union legislation on dumping, the practices adopted by the European
Commission and the Council, as well as the decisions by the EC courts are in
conformity with WTO law. The author's findings are particularly relevant given
the frequent use of antidumping measures by EU authorities, especially as
relates to Asian countries, and he carefully documents areas where the EU
infringes WTO law.
Preface. 1. Introduction 2. WTO Law as a Rule Oriented
System 3. Product under Consideration and Like Product 4. Normal
Value 5. Export Price 6. Comparison between Normal Value and
Export Price 7. Special Antidumping Rules regarding China. Final
Thoughts. Abbreviations. Appendix I: Article VI of GATT 1994.
Appendix II: Agreement on Implementation of Article VI of GATT 1994 (ADA).
Appendix III: Article 15 of the Protocol on Accession of China to the WTO
. Appendix IV: Basic Regulation. Reports from Panels and Appellate Body
(by name). Council and Commission Regulations and Decisions Regulations and
Decisions (by name). Judgments of the EC Court and Court of First Instance and
Opinions of Advocate Generals. Bibliograhy. Index