Building the Capacity of Anti-Dumping Regimes in Developing Countries

Building the Capacity of Anti-Dumping Regimes in Developing Countries

Many countries have limited resources to develop anti-dumping policies, procedures and practices. This Memorandum aims to advise these countries on how to conduct cost-efficient, minimally burdensome anti-dumping investigations that are consistent with the Anti-Dumping Agreement (ADA) and World Trade Organization (WTO) jurisprudence. The memorandum seeks to provide these countries with the tools to successfully impose an anti-dumping measure by also examining the policies, procedures, and practices of five other countries, namely the European Union (“EU”), the United States (“U.S.”), Brazil, Mexico, and Argentina. Advice is offered in two forms: (1) broader recommendations, contained in the body of the Memorandum; and (2) practical, step-by-step guidelines for key stages of an anti-dumping investigation, attached to the Memorandum.

Authors: Claire Schachter, Ragan Updegraff, and Anna Weinberger (Georgetown University Law Center, Washington, D.C.)


Executive Summary

 

Many developing countries would like to increase their capacity to launch successful anti-dumping investigations that are consistent with their obligations as members of the World Trade Organization (“WTO”). Many of these countries have limited resources to devote to this purpose. Some also have relatively little experience in carrying out anti-dumping investigations and imposing anti-dumping measures. This Memorandum provides these countries with tools to overcome both of these hurdles.

The principal aim is to advise developing countries on how to conduct cost-efficient, minimally burdensome anti-dumping investigations that are still consistent with WTO law and practice. The Anti-Dumping Agreement (“ADA”) and relevant WTO jurisprudence, in addition to country-specific practices, inform this memorandum. The memorandum relies on expert advice collected from practitioners, including government officials in national investigating authorities, as well as various anti-dumping handbooks and manuals. Advice is offered in two forms: (1) broader recommendations, which are contained in the body of the Memorandum; and (2) practical, step-by-step guidelines for key stages of an anti-dumping investigation, which are attached to the Memorandum. Beneficiary-specific legal analysis, policy recommendations, practical guidelines, and sources of information have been redacted from the body of the Memorandum, Bibliography, and Annexes.

The full report can be accessed and downloaded here: https://georgetown.box.com/s/ps7k2qny62i9ckequnb05ah3fd70e7dv