MJIEL Vol 14 Issue 3 2017 - Article 4

Continuing Anti-Dumping Investigations despite De Minimis Dumping Margins:
The Case of Canada — Welded Pipe
Oscar C.H. Yang
 
ABSTRACT: Exporters face difficulties in dealing with the anti-dumping investigations from foreign authorities, such as the tight time period in which to answer the investigation questionnaire and related costly lawyer fees. Meanwhile, importers are likely to avoid purchasing products from exporters facing anti-dumping investigations, because doing business with such exporters tends to be unpredictable – the authority could impose a high anti-dumping duty on those exporters’ product in a near future. Therefore, the question of when an anti-dumping investigation is terminated is of great significance to an exporter. This was the issue before the WTO Dispute Settlement Body in the case of Canada – Welded Pipe (DS 482). Article 5.8 of the Anti-Dumping Agreement stipulates that ‘there shall be immediate termination in cases where the authorities determine that the margin of dumping is de minimis’, without specifying that the ‘margin of dumping’ refers to ‘country-wide’ or ‘exporter-specific’ margin of dumping. This paper analyses the Panel’s December 2016 decision on Canada – Welded Pipe related to the immediate termination of de minimis exporters and make recommendations on improving the cooperation between exporters under anti-dumping investigation and their government to deal with the investigation.

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