Antidumping and Countervailing Duty Law and Practice: The Mexican Experience

Global Trade and Customs Journal, Vol. 5, p. 267, 2010

Arizona Legal Studies Discussion Paper No 10-10

28 Pages Posted: 4 Mar 2010 Last revised: 22 Jul 2013

See all articles by Gregory W. Bowman

Gregory W. Bowman

West Virginia University College of Law

Nick Covelli

Canadian International Trade Tribunal

David A. Gantz

Univ. Of Arizona College of Law; Mexico Center, Baker Institute

Ihn-Ho Uhm

affiliation not provided to SSRN

Date Written: June 2010

Abstract

Although Mexican antidumping and countervailing duty laws are similar in important respects to the unfair trade laws of Mexico’s NAFTA partners, the United States and Canada, there are significant procedural and substantive differences. In light of these differences, and given that Mexico is one of the WTO’s most frequent users of unfair trade laws (including at least 25 actions against United States producers in recent years), the subject warrants closer study and analysis by academics and practitioners alike. This article explores the subject of Mexican antidumping and countervailing duty laws in detail by discussing their origins and historical development; comparing them to their US and Canadian counterparts; and guiding the reader through the life-cycle of Mexican antidumping and countervailing duty cases. It also analyzes the various administrative and judicial review options, including NAFTA’s Chapter 19, along with relevant Mexican court, NAFTA binational panel and WTO Dispute Settlement Body jurisprudence. (The article in slightly different form is Chapter 5 in Trade Remedies in North America (Kluwer Law Int’l, 2010).

Keywords: Mexico, international trade, antidumping, countervailing duty, trade remedies, NAFTA

JEL Classification: F02, K33, K20

Suggested Citation

Bowman, Gregory W. and Covelli, Nick and Gantz, David A. and Uhm, Ihn-Ho, Antidumping and Countervailing Duty Law and Practice: The Mexican Experience (June 2010). Global Trade and Customs Journal, Vol. 5, p. 267, 2010; Arizona Legal Studies Discussion Paper No 10-10. Available at SSRN: https://ssrn.com/abstract=1564462

Gregory W. Bowman

West Virginia University College of Law ( email )

101 Law School Drive
Morgantown, WV West Virginia 26506
United States
304-293-3199 (Phone)

HOME PAGE: http://law.wvu.edu/faculty/full_time_faculty/gregory_w_bowman

Nick Covelli

Canadian International Trade Tribunal ( email )

Ottawa, Ontario K1A 0G5
Canada
613-990-0625 (Phone)

David A. Gantz (Contact Author)

Univ. Of Arizona College of Law ( email )

P.O. Box 210176
Rogers College of Law
Tucson, AZ 85721-0176
United States
520-490-3004 (Phone)

Mexico Center, Baker Institute ( email )

6100 Main Street, MS-40
Houston, TX 77005
United States
520-490-3004 (Phone)

Ihn-Ho Uhm

affiliation not provided to SSRN ( email )

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