Antidumping, Countervailing, and Safeguard Measures

This paper discusses the key ingredients of WTO antidumping, countervailing, and safeguard measures, and corresponding U.S. trade laws. It explores a number of shortcomings of current U.S. antidumping laws, including the cost- and price-based dumping criteria and the inevitable excessive pass-through outcome of an antidumping case. The paper also examines several special U.S. trade remedies that have been controversial, including the repealed Byrd Amendment, the use of "fair price" and "constructed value" on electric golf carts from Poland, and the disputes over "zeroing" between the U.S.and the EU, Japan and Mexico. To gain further insight into real world activities, the paper profiles the U.S.and also other WTO member countries' antidumping and countervailing cases, and discusses the current "WTO Rules" negotiations, as mandated by the Doha Development Agenda, including the Agreement on Implementation of Article VI of GATT (the Anti-dumping Agreement), the Agreement on Subsidies and Countervailing Measures, and the newly proposed disciplines on fishery subsidies