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Bias In The International Trade Administration: The Need For Impartial Decisionmakers In United States Antidumping Proceedings, Michael Anthony Lawrence

Michael Anthony Lawrence

This article suggests that Congress should enact legislation requiring the Department of Commerce International Trade Administration (ITA) to employ Administrative Law Judges, operating under the rubric of the Administrative Procedure Act, in administering its antidumping proceedings. This recommendation responds to concerns of many in the international trade community who believe that the ITA’s antidumping proceedings are patently biased and unfair. This belief is based on the agency’s failure to provide parties with an impartial tribunal - as demonstrated, among other indicia, by the telling statistic that the ITA now implausibly finds fully 97% of the foreign companies it investigates guilty …