Anti-Dumping Rules—Time for Change?

This article is concerned first with the market circumstances that are likely to be conducive to dumping, and then takes a critical view of the instruments of dumping, and the way in which they have been employed. There follows a summary of dumping actions in practice. In conclusion it is suggested that, although the dumping rules may not in themselves be objectionable, the manner in which they have been applied can be strongly criticized. The abolition of anti-dumping measures is not a practical possibility, but it is suggested that the situation could be improved by a number of changes. The most effective of these would be to amend the anti-dumping rules to take into account the level of relevant tariffs in exporting countries. Where these are low, anti-dumping actions should not be permitted. The World Trade Organization (WTO) would of course have to play a central part in negotiating the necessary amendments to the WTO Anti-dumping Agreement. In any event, complaints about the present situation are so widespread that the WTO cannot avoid taking some action on anti-dumping as part of the Doha Development Round.