Elgar International Economic Law series
Chapter 4: Section III: procedural obligations - the tasks of the domestic investigating authority
3. Section II: injury and causality analysis A GENERAL INTRODUCTION A finding of dumping alone does not suffice for the imposition of an antidumping measure. Only in the case where the dumping is causing injury to the domestic industry is a WTO Member entitled to impose anti-dumping duties. So, assuming dumping has been proven, an investigating authority will also have to demonstrate that, as a result of dumped imports, injury to its domestic industry producing the like product has been caused. The AD Agreement does not condition the initiation of an injury analysis on a prior finding of dumping. In practice the two ‘legs’ of the analysis, that is, the investigation regarding dumping margins and the investigation regarding the resulting injury, take place in parallel. An investigating authority has to demonstrate, by looking at indicators specifically reflected in the AD Agreement that the domestic industry producing the like (to the allegedly dumped) product has been injured (Art. 3.2 and 3.4 AD) as a result of the dumped imports (Art. 3.5 AD). To do that, the investigating authority must abide by the same standards of objective examination, as reflected below. The term ‘injury’ is used in the AD Agreement to refer to a situation of current material injury, threat of future injury and the material retardation in the establishment of an industry. The latter concept should not be confused with the infant industry situation. Rather, what the Agreement is referring to is a situation where an industry was about to be...
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