Use industry reports to combat anti-dumping charges

A solid industry analysis is crucial to rebut a claim of “material injury”, as evidential strength plays a key role in anti-dumping investigations.

On March 13, the appellate body of the World Trade Organization (WTO) ruled that the US approach in adopting both anti-dumping and countervailing duties against Chinese exporters is inconsistent with WTO agreements (namely, Article 19.3 of the Agreement on Subsidies and Countervailing Measures).

The WTO report was issued after its dispute settlement panel completed an investigation based on a complaint from China in December 2008, when it requested the WTO look into a US Commerce Department decision of imposing “double remedies” on four sets of Chinese exports comprising steel pipes, tubing, sacks and tires.