Price comparisons in anti-dumping investigations following China - X-rays WT/DS425/R

Abstract

On 26 February 2012 the Dispute Settlement Body of the World Trade Organisation (WTO) issued a report that considered, amongst others, the requirements to be met in determining price injury to the domestic industry in anti-dumping investigations. It found that China erred in the methodology it had used to determine price injury under article 3.2 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (ADA). The finding attaches new meaning to the wording of the ADA and may have a significant impact on how South Africa's International Trade Administration Commission (ITAC) conducts its anti-dumping investigations. After providing a broad overview of anti-dumping, this analysis considers China - X-rays and the implications it may have for anti-dumping investigations in South Africa.