National interest in anti-dumping investigations

Abstract

Anti-dumping investigations require the domestic industry to prove the presence of injurious dumping before government may impose remedial measures in the form of anti-dumping duties. The International Trade Administration Commission (ITAC) has now proposed that national interest should also be considered in this determination. This will add considerable uncertainty in investigations, especially in view of the lack of transparency already present in such investigations. Although 12 of the 42 territories worldwide that have initiated anti-dumping investigations since the establishment of the World Trade Organisation in 1995 have national interest provisions in their legislation, research has shown that this seldom plays a role in investigations.