Preface
Published online by Cambridge University Press: 05 March 2012
Summary
The purpose of this Handbook is to foster a greater understanding of the processes related to an anti-dumping investigation, and to assist, in a practical way, investigators delegated the authority to conduct the required investigation. Issues such as the historical development of anti-dumping action, the rationale behind why companies would engage in dumping, the economic desirability of anti-dumping action, or whether the effects of the price discrimination of dumping should rather be addressed through competition (anti-trust) legislation, et cetera, are therefore not addressed. Neither is this Handbook a critique of the current legal framework, nor does it contain any proposals on how the system could, or should, be improved.
Caveats and structure
It should be noted that, although the current multilateral legal framework, as embodied in the relevant World Trade Organisation (WTO) provisions, contains some detailed provisions covering substantive, as well as procedural issues, it does not cover all such issues in detail. It is therefore to a large degree within the discretion of each WTO Member to decide how the administrative procedures of an investigation are organized.
Some guidance is given on these administrative issues, based largely on the different practices followed by Members. However, the Handbook is not a comparative study of all the practices of Members, nor is it an exposé of Panel and/or Appellate Body findings – in fact, no references to dispute settlement reports are contained in this work. It should rather be seen as an effort to provide practical assistance to Members with no, or limited, experience with anti-dumping investigations.
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- A Handbook on Anti-Dumping Investigations , pp. xix - xxPublisher: Cambridge University PressPrint publication year: 2003