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Dumping and Anti-dumping Measures

Author(s): Uroš Zdravković
Subject(s): Law, Constitution, Jurisprudence, International Law, Commercial Law
Published by: Правни факултет Универзитета у Нишу
Keywords: dumping; anti-dumping measures; protectionism; World Trade Organization (WTO)

Summary/Abstract: In this paper, the author provides a legal analysis on dumping and anti-dumping measures, with specific reference to the regulation of this issue within the normative framework of the World Trade Organization (WTO). Dumping is one of the methods of offensive protectionism in international trade and it is designated as a practice of creating export prices which are lower in the export market than the normal product value in the domestic market. Dumping is aimed at promoting the competitiveness of the dumped product in the respective market, which implies a realistic possibility of creating a monopoly in the interest of the exporter employing the damping measures. For this reason, the WTO enables its member states to institute relevant protection measures, which depart from the obligations stemming from the WTO membership. The right to use anti-dumping measures is regulated in Article VI of the General Agreement on Tariffs and Trade (GATT) and the Agreement on the application of Article VI of GATT. In addition to imposing the obligation on the exporter to pay regular custom tariffs, a WTO member state may impose an obligation on the exporter to pay additional anti-dumping tariffs in order to neutralize the advantages that the dumped product has in its internal market. However, the member state is obliged to conduct a prior/preliminary inquiry/examination proceeding in order to establish whether all the substantive requirements have been met for the application of anti-dumping measures pertaining to a specific product.

  • Issue Year: LXIV/2013
  • Issue No: 64
  • Page Range: 309-322
  • Page Count: 14
  • Language: Serbian