Edited by William A. Kerr and James D. Gaisford
Chapter 34: Administrative Procedures, the Distribution of Costs and Benefits, and Incentives in Anti-dumping Cases
34 Administrative procedures, the distribution of costs and beneﬁts, and incentives in anti-dumping cases Richard Barichello Introduction Antidumping (AD) law and regulations are notoriously complex across most countries. But there are a number of characteristics of these laws and regulations relating to the process of dealing with the law that are not commonly addressed, yet still have critically important implications. They contribute to determining how the beneﬁts and costs of AD cases are distributed among ﬁrms and countries, and give strong incentives to the various players involved to engage in certain kinds of behaviour. These responses have economic eﬀects that likely were unintended when the laws were drafted and regulations drawn up. It is the purpose of this chapter to review a sample of such procedures, and to trace their eﬀects. We will focus on procedures followed in the US and Canada, although many countries follow similar procedures. This review does not cover all administrative details. We will leave aside many technical issues such as the deﬁnition of like product, the details of evidence required to show dumping and injury such as the determination of normal value and constructed cost calculations, and various practices such as zeroing and price undertakings. These are all important issues but are beyond the scope of this chapter. The issues we examine are what might best be described as the procedures that must be followed to initiate a case, what steps are followed by government agencies, what responses are necessary...
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