United States - Certain methodologies and their application to anti-dumping proceedings involving China: Nails in the coffin of unfair dumping margin calculation methodologies

Thomas J. Prusa, Edwin A. Vermulst

Research output: Contribution to journalReview articlepeer-review

5 Scopus citations

Abstract

The WTO Appellate Body report United States - Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China is yet another in a long line of disputes involving US Department of Commerce's dumping margin calculation methodologies. The AB ruled against the United States on three important aspects: (1) the use of the Nails test to rationalize the exceptional method in Article 2.4.2 of the Anti-Dumping Agreement so as to justify using the weighted average-to-transaction methodology in dumping margin calculations; (2) the treatment of multiple companies in a non-market economy as a single NME-wide entity; and (3) the USDOC's policy of using adverse facts available for such an entity. Yet, some aspects of the AB's decision - most notably affirming the use of average prices - significantly weaken Article 2.4.2's pattern requirement and potentially open the door to greater use of the exceptional method.

Original languageEnglish (US)
Pages (from-to)287-307
Number of pages21
JournalWorld Trade Review
Volume18
Issue number2
DOIs
StatePublished - 2019

All Science Journal Classification (ASJC) codes

  • Economics and Econometrics
  • Political Science and International Relations
  • Law

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