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

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