The Anti-dumping Agreement (“Agreement”) provides that a product is considered as being dumped if it is exported to another country at less than its normal value, the comparable price of like product when destined for consumption in the exporting country. In order to calculate the dumping margin, an investigating authority compares the export price with the normal value. This price comparison usually involves the conversion of currency of either the export price or the normal value. Although the Agreement permits the conversion of currency when it is necessary for the price comparison, it does not provide sufficient guidelines to guard against potential distortion in the dumping margin calculation resulting from conversion. Unless the conversion is done with an appropriate exchange rate, an investigating authority's price comparison potentially results in a spurious estimate of dumping margin, in violation of the fair comparison requirement of Article 2.4 of the Agreement. In particular, the distortion in the dumping margin calculation is magnified when the exchange rate moves significantly. Therefore, the currency conversion clause of the Agreement needs to be modified to ensure a fair comparison.Section II of this article discusses the exchange rate conversion clause of the Agreement. Sections III and IV consider exchange rate conversion provisions of European Union (EU) and US anti-dumping laws and examine country practices. Section V analyses the potential distortion from exchange rate conversion.Finally, section VI concludes with some suggestions for the modification of the Agreement.

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2001.

This work examines the use of antidumping laws as 'temporary adjustment' safety valves: measures to help developing domestic industries suddenly exposed to International competition cope with the new market conditions.

The sixth edition of this definitive work, last revised in 2011, gives detailed attention to all legislative, regulatory and judicial developments that have arisen under European Union (EU) and World Trade Organization (WTO) law on trade defence instruments up to February 2019, including the amended 2018 EU anti-dumping regulation. As trade law practitioners and scholars have come to expect from the trade law team of the Brussels law firm Van Bael & Bellis, the book continues to provide comprehensive, up-to-date analysis and critical commentary on EU instruments dealing with anti-dumping, countervailing, safeguard and trade barrier measures. The emphasis throughout is on the practical application of the rules. The book covers every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; rules for the determination of permissible adjustments; clarification of the terms ‘significant distortions’ and ‘distortions on raw materials’; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if ‘Union interest’ calls for intervention; examining the differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping or countervailing measures; rules governing the standing of various interested parties before the European Courts; allocation and administration of quantitative quotas; and surveillance measures. As a detailed and practical commentary on the relevant aspects of the EU trade defence instruments as actually applied by the EU institutions in the light of WTO law, this book is the pre-eminent work in the field which remains without peer as a guide to EU trade defence law.