Anti-dumping

At present, the use of anti-dumping (AD) measures by Members of the World Trade Organization (WTO) is governed by the following provisions -

• Article VI of the General Agreement on Tariffs and Trade 1994 (GATT 1994); and
• Agreement on Implementation of Article VI of GATT 1994 (commonly known as the AD Agreement).

Article VI of GATT 1994 contains the basic principles while the AD Agreement sets forth the details of the procedural issues relating to AD proceedings. Under the AD Agreement, AD measures, in the form of AD duty, can be imposed by the importing authorities if it has been established following an investigation initiated and conducted in accordance with the Agreement that -

• the imports concerned are dumped [a business is said to be "dumping" if it exports a product at a price lower than the normal value of the product, i.e. lower than the price it normally charges on its home market, or alternatively, lower than its cost of production (plus selling, general and administrative expenses, and profits) or the price it charges in third country markets];
• the domestic industry in the importing country is suffering from material injury or threat of material injury, or the establishment of the domestic industry is materially retarded; and
• there is a causal link between the above two.

For the full text of the AD Agreement, please refer to the WTO website. More detailed explanation on the key provisions of the AD Agreement can also be found in the relevant section of the WTO website.