US Anti-Dumping Practices Evolving Against Market Economies

World Trade Review, published online

19 Pages Posted: 12 May 2021 Last revised: 15 Jun 2022

See all articles by Kyounghwa Kim

Kyounghwa Kim

Korea International Trade Association

Jaeyoun Roh

Yeungnam University

Date Written: January 27, 2022

Abstract

This study examines how US discretionary practices developed in the past decade have affected anti-dumping duty rates against exporters. Using the most recent data on dumping margin calculations, we find that the US Department of Commerce (DOC) has developed discretionary practices in a more nuanced manner to inflate dumping margins, which have primarily targeted market economy exporters. Our empirical and case studies document that practices known as targeted dumping and particular market situation appear to serve as trade protectionism for market economy exporters, especially those who could otherwise have received a negative determination without such practices. Furthermore, the DOC has brought an apparent change in its application of discretionary practices after the Trade Extension Preferences Act of 2015, leading to much higher dumping margins for the market economy. Along with empirical and case analyses, we further examine the World Trade Organization (WTO) jurisprudence concerning the extent to which the discretion of an investigating authority in anti-dumping proceedings can be condoned in the WTO.

Keywords: Anti-Dumping, Dumping Margins, Particular Market Situation, Targeted Dumping, Adverse Facts Available

JEL Classification: F10, F13, F14

Suggested Citation

Kim, Kyounghwa and Roh, Jaeyoun, US Anti-Dumping Practices Evolving Against Market Economies (January 27, 2022). World Trade Review, published online, Available at SSRN: https://ssrn.com/abstract=3843661 or http://dx.doi.org/10.2139/ssrn.3843661

Kyounghwa Kim (Contact Author)

Korea International Trade Association ( email )

Seoul
Korea, Republic of (South Korea)
82-2-6000-5954 (Phone)

Jaeyoun Roh

Yeungnam University ( email )

Daehak-ro 280, Gyeongsan-si, Gyeongsangbuk-do Gyeo
Republic of Korea
KS 38541
Korea, Republic of (South Korea)

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