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1979

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Antidumping

Transnational Law

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Full-Text Articles in Law

Gilmore: An Antidumping Proceeding As Cost-Price Comparison, Fred A. Rodriguez Jan 1979

Gilmore: An Antidumping Proceeding As Cost-Price Comparison, Fred A. Rodriguez

Michigan Journal of International Law

In the usual dumping case, a producer sells his product abroad at prices lower than those at which the same product is sold in the domestic market (country of origin). But dumping is also possible in other circumstances. The General Agreement on Tariffs and Trade (hereinafter GATT) and the Antidumping Code (hereinafter the Code) recognize dumping where, in the absence of a domestic price, the price in the export market is lower than the price for a comparable product in a third country market. If neither a domestic nor a third country price is available, these international agreements provide that …


United States Compliance With The 1967 Gatt Antidumping Code, Robert E. Hudec Jan 1979

United States Compliance With The 1967 Gatt Antidumping Code, Robert E. Hudec

Michigan Journal of International Law

The 1967 GATT Antidumping Code (hereinafter the Code) may be viewed as an attempt to state an international consensus about the correct policy and practice of national antidumping laws. It is important to be clear about the nature of that consensus. National antidumping laws are not an expression of accepted economic theory about international trade. Rather, they tend to rest on more pedestrian value judgments about things such as "fair competition." These underlying value judgments are not necessarily the same from one country to another, and in some countries antidumping laws are not even considered particularly useful or necessary. In …