Antidumping Measures and the Most-favoured Nation Treatment Requirement
| DOI | 10.1177/0015732516660795 |
| Author | Sheela Rai |
| Date | 01 November 2017 |
| Published date | 01 November 2017 |
| Subject Matter | Articles |
Antidumping Measures
and the Most-favoured
Nation Treatment
Requirement
Sheela Rai1
Abstract
Decision of the Appellate Body in two cases has raised the issue whether anti-
dumping measures should be applied on MFN basis. One view is that it should
be. Another view is that it need not be. Author supports the idea that it need
not be but on arguments different from what is given by other writers. Author
contends that interpretation of Article VI and Antidumping Agreement do not
support the idea of application of antidumping measures on MFN basis.
JEL: F130
Keywords
Dumping, Antidumping, MFN, source-specific, injury, domestic industry, imports
Foreign Trade Review
52(4) 233–246
2017 Indian Institute of
Foreign Trade
SAGE Publications
sagepub.in/home.nav
DOI: 10.1177/0015732516660795
http://ftr.sagepub.com
Corresponding author:
Sheela Rai, National Law University Odisha, Kathjodi Campus Sector 13 CDA, Cuttack, Odisha-753015,
India.
E-mail: sheelarai@nluo.ac.in
1 Professor of Law, National Law University Odisha, India.
Article
In examining the relationship between provisions of the General Agreement
on Tariffs and Trade 1994 (GATT 1994) and other Annex 1A Agreements of
the World Trade Organization (WTO) treaty, panel and the appellate body
have identified four possibilities: conflict, express derogation, overlap and
complementarity (Montaguti & Lugard, 2000). Two cases before the dispute
settlement body EC-Anti-dumping Measures on Certain Footwear from
China1 and EC-Definitive Anti-dumping Measures on Certain Iron and Steel
Fastners from China2 have raised the issue of application of the most-favoured
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