Market Economies and Concurrent Antidumping and Countervailing Duty Remedies

Brian D. Kelly

Journal of International Economic Law, 2014, vol. 17, issue 1, 105-123

Abstract: Trade authorities often use surrogates for normal value in antidumping proceedings, most famously in the case of nonmarket economies (NMEs). When an authority pursues simultaneous antidumping and countervailing duty investigations against a NME, the use of surrogate normal value creates the potential for a doubled remedy; this has been the subject of much litigation and analysis. But surrogates for normal value are also widely used in cases against market economies. There has been little recognition that this can also create an excessive remedy and has done so in important instances. Consequently, the current double-count issues will not end if NMEs graduate to the ranks of market economies under their Accession Protocols. Further, the recent Appellate Body (AB) attempt to redress the problem in NME cases and consequent US legislation have created a new divergence between the treatments of NMEs and market economies in combined antidumping and countervailing duty cases, which can lead to relatively worse outcomes for market economy respondents. The relevant WTO agreements permit solutions to this problem, but those solutions will have to abandon the method suggested by the AB for NMEs.

Date: 2014
References: Add references at CitEc
Citations: View citations in EconPapers (3)

Downloads: (external link)
http://hdl.handle.net/10.1093/jiel/jgu005 (application/pdf)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:jieclw:v:17:y:2014:i:1:p:105-123.

Ordering information: This journal article can be ordered from
https://academic.oup.com/journals

Access Statistics for this article

Journal of International Economic Law is currently edited by Kathleen Claussen, Sergio Puig and Michael Waibel

More articles in Journal of International Economic Law from Oxford University Press Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK.
Bibliographic data for series maintained by Oxford University Press ().