Antidumping Laws and the U. S. Economy

Antidumping Laws and the U. S. Economy

Antidumping Laws and the U. S. Economy

Antidumping Laws and the U. S. Economy

Synopsis

Timely and accessible, this is the only available comprehensive review of the goals, operation, and history of the U.S. antidumping laws coupled with a strategy for using those laws to promote U.S. trade policy and economic objectives in the post-Uruguay Round World.

Mastel, a former congressional adviser to U.S. trade negotiators, brings a unique expertise to the subject, having been involved in the creation and the analysis of the laws. He brings fact to bear on the sometimes heated debate over the merits of antidumping laws and the impact of the Uruguay Round upon U.S. antidumping laws.

Thoroughly documented, the book features charts and international case studies (including the steel, electronics, ball beatings, cement, and agricultural products industries) the at resent the historical and economic record of U.S. antidumping laws. In addition, the complete text of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 is conveniently reproduced inthe appendix.

Excerpt

This chapter presents a detailed statistical breakdown of the record of U.S. antidumping laws. Although such a statistical overview provides little insight into the merits of individual cases, it does shed some light on the overall effect of antidumping laws on the U.S. economy. More important, the statistical breakdown is quite useful and even conclusive in evaluating claims on matters such as allegations of systematic bias by U.S. administering authorities and concerns over the length of time that antidumping orders remain in effect.

Because U.S. antidumping laws have undergone a number of revisions since their inception in 1916, this statistical analysis focuses only upon relatively recent cases, those petitions filed between January 1980 and June 1997. Many of the most recent cases in this group had not reached a final resolution at the time this volume went to press but were included because they are still useful for some statistical comparisons. In total, 732 cases were considered.

The number of cases filed reached a high of 96 cases in 1992 and hit a low of 14 in 1995 (the number given for 1997 is 6, but that is not a complete-year total). For the period, it is difficult to identify any single factor that explains the year-to-year variation in case volume. In general, the volume of cases seems to be inversely correlated with the strength of the economy in the past year or more. This relationship is probably due to the application of the injury test. As explained in Chapter 1, in difficult economic times it is easier for U.S. petitioners to demonstrate material injury. In down economic times, U.S. companies may also be more anxious to seek government intervention to counter foreign dumping.

Overall Breakdown

Of the 732 cases considered, 315, or 44 percent of them, resulted in antidumping duties being imposed. In another 17 cases (2.4 percent) a suspension agreement was reached that at least partially addressed the concerns . . .

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