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References
Cf., for example, Schuknecht, Ludger, Trade Protection in the European Community, Chur u.a, 1992, p. 119 ff., and Tharakan, P.K.M., Political Economy and Contingent Protection, The Economic Journal, vol. 105, no. 433, November 1995, p. 1550.
Cf. Agreement on Implementation of Article VI of GATT1994, Official Journal of the EC, L 336/1994.
Cf. Official Journal of the EC, L 209/1988, Article 12 (1).
Cf. Vermulst, Edwin and Waer, Paul, The Post-Uruguay Round EC Anti-Dumping Regulation, Journal of World Trade, vol. 29, no. 2, April 1995. The authors also point out that the new GATT text has in many cases codified current EC practice.
In the Official Journal of the EC series C (Initiation of anti-dumping investigations) and L (Suspension and imposition of measures). In addition the Commission of the European Communities presents an annual report to the European Parliament (in the COM Document series) “on the Community's Anti-Dumping and Anti-Subsidy Activities”; cf. no. 13 (for 1994), published in July 1995 (COM (95) 309 final).
“Measures, as determined on the basis of the dumping and injury found, may not be applied, where the authorities, on the basis of all the information submitted, can clearly conclude that it is not in the Community interest to apply such measures.” op. cit, Article 21 (1).
Cf. Eleventh Annual Report from the Commission to the European Parliament on the Community's Anti-Dumping and Anti-Subsidy Activities, p. 4.
The wording of the EC Regulation is as follows: “A product is to be considered as being dumped if its export price to the Community is less than a comparable price for the like product, in the ordinary course of trade, as established in the exporting country.” Regulation (EC) no. 3283/94, op. cit. Article 1 (2).
Regulation (EC) no. 3283/94, op. cit, p. 4 ff.
Regulation (EC) no. 3283/94, op. cit., Article 2 (7).
If the differential is sufficiently large, steps must be taken to prevent reimporting. On the other hand, it has been shown that it tends to be firms facing tough competition on their domestic market that sell their goods abroad at dumping prices. Cf. Weinstein, David E., Competition and unilateral dumping, Journal of International Economics, no. 32 (1992), p. 379 ff.
It is difficult to verify this figure because anti-dumping duties are frequently fixed as variable amounts or as differences between fixed minimum prices and the current net prices at the Community external border. On the basis of calculations referring solely to cases in which ad valorem duty rates were imposed, Messerlin and Reed identified an average margin of dumping of 37% between 1980 and 1988 and an average anti-dumping duty of 18%. Cf. Patrick A. Messerlin and Geoffrey Reed, Anti-dumping policies in the United States and the European Community, Economic Journal, vol. 105, no. 433, November 1995, p. 1570.
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Möbius, U. European Union anti-dumping policies. Economic Bulletin 33, 29–36 (1996). https://doi.org/10.1007/BF02233619
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DOI: https://doi.org/10.1007/BF02233619