Extract

are by far the most widely invoked of a trilogy of trade remedy or contingent protection regimes: anti-dumping laws; countervailing duties; and safeguards.1 While Article VI of the GATT permitted member countries to impose anti-dumping laws from the outset of the GATT, up until the late 1970s anti-dumping laws were a relatively minor form of trade restriction, mostly because the bulk of protection was ensured by tariffs, quantitative restrictions (or voluntary export restraints), subsidies, or a mix of all these instruments. However, starting from the late 1970s both the total number of anti-dumping investigations and anti-dumping orders, as well as the number of countries that have introduced anti-dumping regimes have dramatically increased. As of December 2017, 3,604 anti-dumping measures were in force around the world.2 In many respects, it has become the protectionist remedy of choice.

India, followed by the USA, were the leading initiators of anti-dumping proceedings over the period a 1995 to 2017 (a total of 5,529 initiations by all countries), in contrast to the period 1980 to 1988 when the actions of the USA, Australia, Canada, and the EU accounted for 97.5 per cent of all actions.3

Article VI of GATT authorizes member countries to introduce anti-dumping regimes to address cases where the products of one country are introduced into the commerce of another country at less than the normal value of the products where this causes or threatens material injury to an established industry in the territory of a contracting...