A Centennial of Anti‐dumping Legislation and Implementation: Introduction and Overview

A century has passed since the Government of Canada adopted the first recorded anti‐dumping law in 1904. The Canadian legislation was soon followed by similar legislation in most of the major trading nations in the industrialised world prior to and after World War I. Anti‐dumping provisions were later incorporated into the General Agreement on Tariffs and Trade (GATT) following World War II. Nowadays, virtually all of the industrialised and developing countries in the world economy have adopted anti‐dumping legislation. In view of the long and increasingly widespread use of anti‐dumping measures, we marked the centennial of Canada's 1904 legislation with a symposium at the University of Michigan on 12 March, 2004. The symposium papers document the experiences with anti‐dumping and then ask whether and how anti‐dumping can be reformed. Although we all would probably agree that the best solution would be to retract all anti‐dumping legislation, this is unlikely to happen in the foreseeable future. Anti‐dumping laws serve a variety of purposes, and powerful political forces stand in the way of eliminating these laws. Anti‐dumping provides a stronger and more focused means of safeguards protection against surges of imports than GATT‐legal safeguards laws permit. Anti‐dumping also formalises a meaning for ‘unfair trade’ that, though essentially meaningless from an economic standpoint, strikes a chord in public perception. And finally, in spite of its appearance of being constrained by objective administrative rules, anti‐dumping in practice is a potent political tool that governments are able to manipulate in order to satisfy powerful constituents. With all this going for it, anti‐dumping is unlikely ever to be relinquished as an economic policy tool by governments.     

Some Remarks on Reforming WTO AD/CVD Rules

In these remarks, I argue that a plausible reason that anti‐dumping actions are so widely abused for protectionist purposes is that they represent a rare instance of essentially unilateral actions that are permissible within the WTO: under the banner of anti‐dumping actions, governments can block imports and provide their industries with import relief without fear of retaliation or demands for compensation from their trading partners. Cognisant of the great potential for abuse of anti‐dumping actions, the WTO Agreement on Implementation of Article VI represents an extraordinarily detailed attempt by WTO member governments to ‘reign in’ this potential through a detailed set of rules governing the acceptable methodologies and procedures for initiating anti‐dumping actions. But as long as the underlying incentives for abuse remain, governments are likely to continue to find new and increasingly ingenious ways to respond to these incentives without running afoul of the rules. To create incentives for the use of anti‐dumping measures that are more in line with a cooperative international environment, I suggest extending WTO compensation provisions to cover anti‐dumping actions. In this way, the WTO might in effect ‘harness retaliation’ and convert it into a tool of international order in the area of anti‐dumping actions.     

Tariff Liberalisation and Increased Administrative Protection: Is There a Quid Pro Quo?

Theoretical models and intuition suggest that the amount of non‐traditional protection such as anti‐dumping duties will increase as more traditional forms such as tariffs are lowered under multilateral trade agreements. This paper is the first empirical study of the role of tariff liberalisation in the spread of anti‐dumping. Through both correlations and regression approaches we analyse the relationship between tariff concessions made during the Uruguay Round trade negotiations and the filing of anti‐dumping petitions, with particular interest in whether multilateral trade reductions have spurred the recent growth in new users of anti‐dumping policies. We find that, at least for developing economies, tariff reductions agreed to under the Uruguay Round not only increased the likelihood of a country using anti‐dumping protection but also the total number of anti‐dumping petitions filed by countries.     

Anti‐dumping: A Growing Problem in International Trade

This paper discusses the issue of anti‐dumping (AD) proliferation. AD is used more frequently, by more countries, and against more products than ever in its history. I review AD filing patterns with an emphasis on the scope of countries and industries seeking protection. Recent trends suggest that the widespread embrace of AD protection makes the prospect for AD reform increasingly unlikely. AD is no longer being used solely by high‐income developed countries. It is increasingly being used by middle‐income and even lower‐income countries. New users have chosen to use AD very intensively. Per dollar of imports the new users have filed AD cases up to 15–20 times more frequently than the traditional AD users such as the US and EU. The evolving set of AD users complicates AD negotiations. In the near term, strong opposition by the US and EU makes reform a highly unlikely outcome. In the longer run, rising use of AD against the US and EU could conceivably weaken their support for AD; yet, the same trends that might finally cause the US and EU to realise AD is a failed policy will likely make reform impossible.     

新闻纸反倾销实施效果评析

反倾销措施的实施效果主要体现在两个方面:对倾销进口的贸易限制作用和对国内产业的救济作用。文章通过对新闻纸反倾销案前后贸易与生产相关数据的分析,指出该案反倾销措施对指控产品进口具有明显的限制作用,在措施实施早期对国内产业的经营状况改善具有明显的促进作用,但在措施实施后期由于其他因素的影响而导致反倾销的救济效果弱化。     

Anti‐dumping duty circumvention through trade rerouting: Evidence from Chinese exporters

We study the evasion of US anti‐dumping duties by some Chinese exporters through trade rerouting via third countries or regions. Using detailed monthly trade data reported by China and the US Customs during the period of 2002–06, we find that US anti‐dumping actions against China lead to a stronger positive correlation between US imports from third countries and Chinese exports to the same third countries. Such a positive correlation is more pronounced for the products subject to anti‐dumping duties (treatment groups) than similar products not subject to these duties (control groups). The evidence is stronger for less‐differentiated products whose certificates of origins are easier to be modified and is stronger for third countries where the rerouting cost is low. These findings are consistent with a trade rerouting story, rather than a simple story of trade diversion (i.e., increase in some third countries' imports from China) and trade deflection (i.e., increase in some third‐country exports to the US). We also rule out other alternative stories, consider prior production in third countries and concurrent anti‐dumping actions against China or third countries, pay a particular attention to the many zero trade flows in the monthly level data and check the robustness to using an alternative control group and quarterly data, etc.     

Regionalism Within Multilateralism: The WTO Trade Policy Review of Canada

The World Trade Organisation published a Trade Policy Review of Canada in 2003. In this paper, we discuss the WTO Review and augment the discussion by presenting original data and reviewing the empirical literature. The WTO concludes that Canada's trade regime is open and transparent but maintains barriers in a few important sectors. We subject this claim to empirical scrutiny, comparing Canada's actual imports to a multilateral benchmark based on the gravity equation. We show that Canada imports about what should be expected given the size of its economy and its location. In a second benchmarking exercise, we show that Canada's anti‐dumping initiations are in proportion to its imports and that Canada's exports are targeted less by other countries’ anti‐dumping investigations than what might be expected based on Canadian export levels. Like many other countries, Canada has pursued trade liberalisation through the World Trade Organisation while simultaneously signing multiple regional trade agreements. Our summary of the recent literature indicates that Canada's regional trade agreements have generated more trade creation than trade diversion. Canada has also spurred imports from the least developed countries by unilaterally eliminating tariffs and quota barriers on 48 of the world's poorest countries in January 2003. We also discuss Canadian progress in opening its agriculture and clothing industries. Overall, we conclude that Canada appears committed to advancing globalisation through multilateral trade liberalisation supplemented by unilateral and bilateral initiatives.     

Is India Specialising in Polluting Industries? Evidence from US‐India Bilateral Trade

Recently, the apex environmental agency of India observed that domestic industrial pollution has been increasing at an alarming rate over the last two decades, and the need to rein in traditional polluting industries. This raises the pertinent question of whether the poor domestic pollution regime has affected the pattern of India's trade in dirty manufactured products in the post‐liberalisation era since 1991. We find that on the whole, India has remained a net importer of pollution‐intensive manufactured goods; however, there is a distinct trend of increasing specialisation in specific dirty industries especially in the bilateral trade with high‐income countries, and to a lesser degree with low‐income countries. The USA being India's single largest country trading partner in the post‐liberalisation era, we test for pollution offshoring at the finer industry level in US‐India bilateral trade. While we find that the pollution haven effect is not significant, India's specialisation in certain dirty manufacturing industries through the last decade remains a disturbing trend. India needs to integrate environmental sustainability within industrial growth urgently, and it is pertinent to implement policies which would reflect the true pollution costs in an industry that is increasingly competing in the international market.     

The Rise of US Anti‐dumping Activity in Historical Perspective

Empirical studies of anti‐dumping activity focus almost exclusively on the period since 1980. This paper puts recent US anti‐dumping experience in historical context by studying the determinants of annual case filings over the past half century. The conventional view that few anti‐dumping cases existed prior to 1980 is not correct, although most did not result in the imposition of duties. The increased number of cases in recent decades largely reflects petitions that target multiple‐source countries; the number of imported products involved has actually fallen since the mid‐1980s. The annual number of anti‐dumping cases is influenced by the unemployment rate, the exchange rate, import penetration (closely related to the decline in average tariffs), and changes in the anti‐dumping law and its enforcement in the early 1980s.     

Anti‐dumping Protection in a Liberalising Country: Mexico's Anti‐dumping Policy and Practice

The use of anti‐dumping policy has been steadily growing in recent decades, and so has the theoretical and empirical literature on anti‐dumping. However, while developing countries as a whole have become at least as active as the ‘traditional’ anti‐dumping regimes (the USA, the EU, Canada and Australia), the literature is almost exclusively concerned with the latter group. This article gives an overview of anti‐dumping policy and practice in Mexico, one of the leading ‘new’ anti‐dumping regimes. It assesses how anti‐dumping has expanded since the country began liberalising trade in the mid‐1980s, and discusses how the policy has been applied in a protectionist way that is not dissimilar to policy practice in the traditional user countries.     

Product Heterogeneity and Cost Allocations in Contingent Trade Protection

The WTO allows members to impose contingent protection, including anti‐dumping duties, within agreed constraints. Anti‐dumping proceedings typically name a single captioned product but include large numbers of individual products within that caption. The inclusion of multiple products creates a variety of issues for both anti‐dumping and other contingent protection measures, issues that have been prominent in national actions and WTO dispute settlements, but have been largely ignored in research. This work focuses on the most important such area, the allocation of costs among products in anti‐dumping proceedings. We develop a comprehensive economic analysis for cost allocation issues, and couple it with the accounting tools that must be used for its implementation, to derive the first‐best allocation methods for anti‐dumping purposes. These results have direct relevance in other contingent trade contexts, such as injury determinations and subsidy pass‐through analysis.     

How do countries respond to anti‐dumping filings? Dispute settlement and retaliatory anti‐dumping

Empirical studies have found that countries may respond strategically to the anti‐dumping petition filed against their exporters through their own retaliatory actions. Although most previous studies have focused on retaliatory anti‐dumping filings, in this paper we explore another potential avenue for strategic response—filing a complaint under the World Trade Organization's (WTO ) dispute settlement understanding. Using a panel of global anti‐dumping filings between 1995 and 2011, we analyse under what conditions countries will choose to retaliate through either an anti‐dumping petition or a WTO dispute, and to what degree these two strategies are complementary or act as substitutes. We find statistical evidence that countries are more likely to file a WTO dispute when they have also filed a retaliatory anti‐dumping petition, suggesting that these two strategies may be complementary.     

我国陶瓷行业遭遇反倾销的成因与对策

近年来,我国陶瓷行业遭遇多起反倾销调查。其原因既有发起国受金融危机的影响而出台贸易保护措施以保护其国内陶瓷产业方面的因素,也有我国陶瓷企业出口产品附加值低、价格低方面的因素。应对反倾销调查,我国陶瓷企业要积极应诉,并争取获得进口商的支持,得到行业协会和政府的帮助,同时提高产品的附加值和科技含量。     

Accounting for Stylised Facts about Recent Anti‐dumping: Retaliation and Innovation

Recent work has found certain stylised facts about anti‐dumping (AD) actions. (i) AD actions are mostly between industrial and developing countries; (ii) developing countries use AD to retaliate against industrial countries; and (iii) AD is concentrated in R&D‐intensive industries. This study develops an analytical framework that can account for these empirical findings. The model suggests that market expansions and/or improvement in R&D capability in the South are essential in avoiding AD wars with the North. Interestingly, stricter enforcement of intellectual property rights in the South has little effect on stopping AD wars between the North and the South.     

Anti‐dumping: What are the Numbers to Discuss at Doha?

While tariff barriers have decreased worldwide through various GATT rounds, anti‐dumping has surged to play a crucial role as the most important non‐tariff barrier. After much debate and opposition, anti‐dumping is on the agenda of the Doha round of multilateral trade negotiations and it is one of the most important issues, especially for developing countries as they are the main targets of this policy instrument. With this prospect, it is important to assess the relevance of anti‐dumping not only by focusing on traditional users but by analysing the experience of new users, which are now major players in the field. This paper improves upon existing studies by providing a comprehensive assessment on the use of anti‐dumping. First, data on the time pattern of worldwide implementations of anti‐dumping laws are presented. This time profile shows interesting relationships with legal developments in GATT and WTO dispositions. Second, usual sources of data are complemented with various other sources. This allows the inclusion of recent heavy users like China, Russia, Taiwan and Ukraine, which are ignored in similar studies but important for their trade volumes. This enlarged and updated dataset shows that new users are even more important than previously thought, with implications for the Doha negotiations.     

Trade Effects of Anti-dumping in India: Who Benefits?

This article assesses the trade effects of anti-dumping (AD) duties levied on 177 (8-digit) products by India during the period 1994 to June 2001. A panel regression has been applied to quantify the effects of AD actions on import volumes, values, and prices. It finds that the investigation effects of AD actions are not substantial. The imposition of AD duties restrains trade (both volume and value) and raises import prices. While trade effects start dissipating in subsequent years, import prices from both named and unnamed countries rise significantly in the post-duty years. There is little evidence that trade is diverted from unnamed to named countries. Thus, the domestic industry is benefited due to the price rise. Their financial position improves at the expense of both consumers and downstream industries. Since anti-dumping is an expensive form of protection, only large and dominant producers in concentrated industries emerge as the major beneficiaries of this protection. Finally, the developing trade partner countries suffer significant import losses when named. However, the trade destruction effect is insignificant for developed countries. Even though the unit value of their imports rises, there is no evidence of decline in trade from these countries.     

The Politicisation of EC Anti‐dumping Policy: Member States,Their Votes and the European Commission

This paper examines one political‐economy aspect of the European Communities’ (EC) anti‐dumping policy that has tended to be overlooked in prior studies; namely, the role that member states play in deciding whether to impose definitive duties on imports that have been found to be dumped and that are deemed to have injured a European industry. We find that, in the late 1990s, numerous disagreements between member states occurred over the merits of imposing anti‐dumping duties. These disagreements may well have been partly responsible for the strong decline in the number of European anti‐dumping investigations initiated after 1999.     

Dumping in a Global World: Why Product Quality Matters

Anti‐dumping actions are now the trade policy of choice of developing and transition economies. To understand why these economies have increasingly applied anti‐dumping laws, we build a simple theoretical model of vertical intra‐industry trade and investigate the strategic incentives of exporting firms to undertake dumping. We show that the definition of dumping matters. Based on a comparison of low‐quality and high‐quality prices, only unilateral dumping by the low‐quality firm obtains. By contrast, the standard WTO definition leads to either reciprocal or unilateral dumping by the high‐quality firm, depending on cross‐country differences in incomes, the height of tariff protection and on exchange rate changes.     

The Trade Effects of US Anti‐dumping Actions against China Post‐WTO Entry

Since China's entry into the WTO, US anti‐dumping (AD) actions against China have increased, particularly with respect to multiple petitions. Distinguishing between US single and multiple petitions, we examine the trade effects of US AD actions against China based on an unbalanced panel of quarterly trade data. The results show that a US single petition investigation greatly restrains US imports of the filed products from China but also causes more significant import diversion from non‐named countries. In the short run, a preliminary AD duty imposed on China via a US multiple petition not only restrains US imports of the filed products from China but also prevents trade diversion from non‐named countries. In the long run, a final AD duty on China resulting from a US multiple petition creates a larger destructive effect on China and causes US import diversion from non‐named countries. Thus, a final AD duty imposed on China following a US multiple petition not only harms China's exports but also fails to help the US achieve import substitution. Furthermore, we have been able to reveal the negative trade effect of a preliminary AD duty even in cases where the ultimate decision is not to impose a final duty.     

The Latest Enlargement of the EU and ‘Buy National’ Rules

This paper presents a variety of indicators which reflect the extent of protection of individual manufacturing industries in ten countries of Central and Eastern Europe by the ‘Buy National’ rules in public procurement. Eight countries joined the EU in 2004 and the two remaining countries will become full members in 2007. Combining these data with information on the current international competitiveness of each individual industry, the paper identifies those industries that are likely to be particularly sensitive to the abolition of ‘Buy National’ rules due to their recent accession to the European Union. Two series of indicators are proposed to measure the impact of ‘Buy National’ policies. The first series outlines the behaviour of the public sector vis‐à‐vis domestic production and imports. The second series of indicators sketches the industrial structure of the sectors which, following the above analysis, seem to be protected by preferential public procurement. The interaction of both series of indicators can provide information about the extent of protection in terms of public procurement on a sectoral level and about its impact on domestic production.