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US Anti-Dumping Practices Evolving against Market Economies

Published online by Cambridge University Press:  14 June 2022

Kyounghwa Kim  and
Jaeyoun Roh
Kyounghwa Kim
Affiliation:
Center for Trade Studies and Cooperation, Korea International Trade Association, Seoul, the Republic of Korea
Jaeyoun Roh*
Affiliation:
School of International Economics & Business, Yeungnam University, Gyeongsan, the Republic of Korea
*
*Corresponding author: Email: [email protected]
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Abstract

This study examines how US discretionary practices developed in the past decade have affected antidumping duty rates against exporters. Using the most recent data on dumping margin calculations, we find that the US Department of Commerce (DOC) has developed discretionary practices in a more nuanced manner to inflate dumping margins, which have primarily targeted market economy exporters. Our case studies document that practices known as targeted dumping and particular market situations appear to serve as trade protectionism for market economy exporters, especially those who could otherwise have received a negative determination without such practices. Furthermore, the DOC has brought an apparent change in its application of discretionary practices after the Trade Extension Preferences Act of 2015, leading to much higher dumping margins for the market economy. Along with empirical and case analyses, we further examine the World Trade Organization (WTO) jurisprudence concerning the extent to which the discretion of an investigating authority in anti-dumping proceedings can be condoned in the WTO.

Keywords

Anti-dumpingdumping marginsparticular market situationtargeted dumpingadverse facts available
Type
Original Article
Information
World Trade Review , Volume 21 , Issue 4 , October 2022 , pp. 479 - 496
Copyright
Copyright © The Author(s), 2022. Published by Cambridge University Press

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