Anti-Dumping Law in a Liberal Trade Order by Richard Dale

By Richard Dale

Antidumping tasks -- legislation and laws.

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11. I t is, however, possible to conceive of a situation in which both types of duty 18 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Anti-dumping Law in a Liberal Trade Order might be legitimately imposed on the same product, as where the exporting country applies a uniform subsidy to both horne sales and exports and the manufacturer nevertheless sets his export price lower than his domestic price. Exemption clauses ofless significance are also to be found in GATI Articles XI(2)(c), XVIII(2), XX, XXI and XXV.

Anti-dumping and Countervailing Duties, Report of a Group of Experts (Geneva: GATI Secretariat, 1961) p. 9. 8. Basic Instruments and Selected Documents, (hereafter eited as Basic Instruments) 3rd Supplement (Geneva: GATT Secretariat, 1955) p. 233, para. 4. 9. Peter Lloyd, Anti-dumping Actions and the GATT System, Thames Essay No. 9 (London: Trade Poliey Research Centre, 1977) p. 4. 10. For an exeeption to the general rule, see Sugar from Belgium, France and West Germany (Washington: United States International Trade Commission, 1978) AA 1921, Inq.

Given the practical impossibility of assessing the prospective duration of dumping, and given also the difficulties of framing a law which distinguishes between dumping which is beneficial or irrelevant and dumping which is predatory or otherwise harmful, the scope far rational anti-dumping policy appears to be very limited. 32 Why Anti-dumping La ws ? Considering that the welfare case against dumping is so weak, and that the difficulties of distinguishing between beneficial and injurious dumping are so great, it is necessary to ask why governments throughout the industrialised world have found it necessary to introduce antidumping legislation.

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