Particular Market Situation: A Newly Arising Problem or a New Stage in the Anti-Dumping Investigation?

Asian Journal of WTO & International Health Law and Policy, Vol. 14, No. 2, pp. 405-421, September 2019

17 Pages Posted: 8 Oct 2019

Date Written: September 27, 2019

Abstract

The central argument of this paper concerns three main issues: the possibility of the Particular Market Situation (hereinafter “PMS”) provision to replace the NME Assumption, the recent development of the PMS provision by the WTO Members and its application in the current anti-dumping cases, and the ambiguity of PMS application in anti-dumping cases. PMS is not a new term in the Anti-Dumping Agreement but the lack of clarification of the existence of a PMS in the Anti-Dumping Agreement including its application raises a controversy among the WTO Members. Therefore, this article tries to provide an appropriate approach in harmony with the Anti-Dumping Agreement based on past practices and WTO jurisprudence.

Keywords: anti-dumping, particular market situation, trade remedies, World Trade Organization

Suggested Citation

Lesmana, Yu Yessi and Koesnaidi, Joseph Wira, Particular Market Situation: A Newly Arising Problem or a New Stage in the Anti-Dumping Investigation? (September 27, 2019). Asian Journal of WTO & International Health Law and Policy, Vol. 14, No. 2, pp. 405-421, September 2019, Available at SSRN: https://ssrn.com/abstract=3460501

Yu Yessi Lesmana (Contact Author)

JWK Law Office ( email )

7th Floor Unit C
Office 88, Kota Kasablanka
Jl. Casablanca Kav. 88, South Jakarta
Indonesia

Joseph Wira Koesnaidi

JWK Law Office ( email )

7th Floor Unit C
Office 88, Kota Kasablanka
Jl. Casablanca Kav. 88, South Jakarta
Indonesia

HOME PAGE: http://www.jwklawoffice.com

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
219
Abstract Views
682
rank
175,340
PlumX Metrics