Cost of Production Calculation in EU Anti-Dumping Law: WTO Consistent 'As Such' after EU – Biodiesel

Global Trade and Customs Journal, Vol. 12-9, 360-366

13 Pages Posted: 6 Jul 2017 Last revised: 1 Aug 2018

See all articles by Cornelia Furculita

Cornelia Furculita

German University for Administrative Sciences Speyer

Date Written: June 1, 2017

Abstract

The present article addresses the consistency of the method of calculation of the cost of production based on Art. 2(5) of the EU Anti-dumping Basic Regulation. It assesses the reasoning of the AB in EU – Biodiesel in the context of the ordinary meaning of the Anti-Dumping Agreement and existing WTO case law. It further identifies four main situations in which the application of Art. 2(5) of the EU Anti-dumping Basic Regulation will be influenced by the EU – Biodiesel case: the issue of input dumping in a distorted market, the problem of possible alternatives for China if recognized as a ME, the question of double remedy, and the EU modernization of trade remedies.

Keywords: Anti-dumping, EU Anti-Dumping Regulation, WTO, Anti-dumping Agreement, Modernisation of EU Trade Defence Instruments

JEL Classification: K33

Suggested Citation

Furculita, Cornelia, Cost of Production Calculation in EU Anti-Dumping Law: WTO Consistent 'As Such' after EU – Biodiesel (June 1, 2017). Global Trade and Customs Journal, Vol. 12-9, 360-366 . Available at SSRN: https://ssrn.com/abstract=2995980 or http://dx.doi.org/10.2139/ssrn.2995980

Cornelia Furculita (Contact Author)

German University for Administrative Sciences Speyer ( email )

Freiherr vom Stein Strasse 2
Speyer
Germany

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