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Selected Works

2001

International Trade Law

Antidumping

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Full-Text Articles in Law

Double Protection: The Case Against The "Byrd Amendment" Of U.S. Trade Law, Perry S. Bechky, Anne Macgregor Jan 2001

Double Protection: The Case Against The "Byrd Amendment" Of U.S. Trade Law, Perry S. Bechky, Anne Macgregor

Perry S. Bechky

Under the Byrd Amendment of 2000, all collected antidumping and countervailing duties must be distributed among U.S. companies that successfully petition for the imposition of those duties. The Byrd Amendment created an economic incentive for the proliferation of trade cases. A strong legal case can be made that the Byrd Amendment is inconsistent with WTO rules.