Searching for "bubbles of capitalism": application of the U.S. antidumping and countervailing duty laws to reforming nonmarket economies

Article Abstract:

The US Commerce Department has targeted its antidumping and countervailing duties against an increasing number of countries which have or formally had state-owned economies. Traditionally, antidumping and countervailing duty laws were applied only against free market countries for dumping their underpriced exports, by charging costly tariffs to make up for deflated values. With many former nonmarket economies in transition after the Cold War, the US Commerce Department has included countries such as China, which are still state-controlled, but which have 'bubbles of capitalism', or unregulated industry.

United States. Department of Commerce, Countervailing duties

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When unimportant is interesting: the negligible import exception to cumulation in antidumping and countervailing duty investigations

Article Abstract:

Countries that export products to the US at less than fair market value can avoid being charged a high tariff if they prove that the product has a negligible effect on US industries. The US International Trade Commission's (ITC) application of this negligible import exception allows foreign producers a means of avoiding the US Commerce Department's antidumping/countervailing duties investigations. If the ITC does not apply the exception, it measures the material injury cumulatively, considering the effects of other foreign import products and 'like' products made in the US.

Tariffs, United States. International Trade Commission

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Rethinking antidumping law

Article Abstract:

A traffic-light system should be implemented to control predatory dumping, rather than the current protectionist regime of antidumping law. Ambiguities in the Uruguay Round and the US implementing legislation have allowed antidumping law to remain as one of the few allowable methods for protectionism, although antidumping law is not economically justified. In addition, the implementing Uruguay Round Agreements Act is not completely consistent with the Uruguay Round Agreements, especially in relation to price averaging, anticircumvention, and captive production.

United States, Analysis, International trade regulation, international

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