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When Antidumping becomes Anti 'Chinese': New Features of Western Antidumping Actions

When Antidumping becomes Anti 'Chinese': New Features of Western Antidumping Actions I. INTRODUCTION Legally speaking, a host country could use antidumping measures to effectively stop foreign products from being sold in its domestic markets if it believes the price of the products is artificially manipulated. This is authorized based on the notion that antidumping measure is a necessary tool to eliminate below-cost sales, which is considered to be an unfair competitive conduct. In practice, however, one has to admit that there is a tendency that the antidumping measures have been utilized as the shield of trade protectionism. Western countries' frequently use this measure to protect their domestic industries and these abusive conducts have been widely criticized. In the USA, domestic enterprises are said to treat this measure as an effective weapon to get rid of foreign products. "If a foreign firm sells its product in the U.S. market at too attractive a price, domestic firms can threaten it with an antidumping suit that will lead to hefty tariffs and higher prices."2 One scholar holds the view that even though people treat the dumping as a kind of predatory price the legal concept of dumping has nothing to do with the legal concept of predatory price. In other words, a http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

When Antidumping becomes Anti 'Chinese': New Features of Western Antidumping Actions

Journal of World Investment and Trade , Volume 10 (2): 14 – Jan 1, 2009
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190009X00178
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION Legally speaking, a host country could use antidumping measures to effectively stop foreign products from being sold in its domestic markets if it believes the price of the products is artificially manipulated. This is authorized based on the notion that antidumping measure is a necessary tool to eliminate below-cost sales, which is considered to be an unfair competitive conduct. In practice, however, one has to admit that there is a tendency that the antidumping measures have been utilized as the shield of trade protectionism. Western countries' frequently use this measure to protect their domestic industries and these abusive conducts have been widely criticized. In the USA, domestic enterprises are said to treat this measure as an effective weapon to get rid of foreign products. "If a foreign firm sells its product in the U.S. market at too attractive a price, domestic firms can threaten it with an antidumping suit that will lead to hefty tariffs and higher prices."2 One scholar holds the view that even though people treat the dumping as a kind of predatory price the legal concept of dumping has nothing to do with the legal concept of predatory price. In other words, a

Journal

Journal of World Investment and Trade – Brill

Published: Jan 1, 2009

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