Establishing a New Role for Antidumping Policy: Protection of an Unestablished Industry (Morocco—Hot-Rolled Steel (Turkey))

23 Pages Posted: 1 Dec 2020

See all articles by Meredith A. Crowley

Meredith A. Crowley

University of Cambridge

Federico Ortino

King's College London - The Dickson Poon School of Law

Date Written: November 2020

Abstract

This article analyses economic and legal issues in the WTO dispute between Morocco and Turkey over hot-rolled steel. Over 2013-14, the Moroccan government conducted an antidumping investigation against two Turkish steel producers. Morocco’s investigation concluded that Turkish dumping was retarding the establishment of a new domestic industry; antidumping duties were imposed against both Turkish producers. Turkey filed a complaint at the WTO in 2016, asserting procedural and substantive violations. The Panel found that Morocco had acted inconsistently with a number of WTO obligations, including those regarding its injury investigation. Although Morocco initially appealed the Panel’s decision, it withdrew its appeal after the antidumping duties expired in September 2019. This case is unusual and important in that it was the first antidumping case in which a country sought to use antidumping duties to protect a newly developing industry. The Panel may have missed an opportunity to explore the definition of an ‘unestablished’ industry for purposes of determining injury in an antidumping investigation.

Keywords: Industrial policy, trade policy, antidumping, WTO, dispute settlement, Morocco

JEL Classification: F13, F53, O24, O25

Suggested Citation

Crowley, Meredith A. and Ortino, Federico, Establishing a New Role for Antidumping Policy: Protection of an Unestablished Industry (Morocco—Hot-Rolled Steel (Turkey)) (November 2020). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2020/83, King's College London Law School Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3738286 or http://dx.doi.org/10.2139/ssrn.3738286

Meredith A. Crowley (Contact Author)

University of Cambridge ( email )

Trinity Ln
Cambridge, CB2 1TN
United Kingdom

Federico Ortino

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom
+44(0)2078481747 (Phone)

HOME PAGE: http://www.kcl.ac.uk/law/people/academic/fortino.aspx

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