反倾销和竞争法【外文原文】.pdf

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CHAPTER 40
ANTI-DUMPING PETITION LAW
P. J. Lloyd∗
“petition is selling cheaper than someone else”
Ralph Harris
Everyman’s Guide to Contemporary Economic Jargon,
in GROWTH,ADVERTISING AND THE CONSUMER (1964)
TABLE OF CONTENTS
I. The Problems of Anti-Dumping Action in the WTO ..................... 68
II. A Brief History of Anti-Dumping Action in the GATT/WTO ............. 69
III. International Trade petition Law? ............................... 72
IV. Proposals for the Reform of Anti-Dumping Actions ..................... 77
V. Conclusion .......................................................... 80
Bibliography ......................................................... 80
∗ The University of Melbourne. I would like to acknowledge the helpful suggestions made by Mary Amiti,
Donald MacLaren, Keith Maskus, Michael Plummer and Jose Tavares on an earlier draft.
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KI134-Macrory KI134(V2)- March 21, 2005 19:40
68 ANTI-DUMPING PETITION LAW
I. The Problems of Anti-Dumping Action in the WTO
It has often been observed that anti-dumping actions have risen rapidly in number since
the conclusion of the Uruguay Round negotiations. The WTO (and before it the GATT)
Committee on Antidumping produces semi-annual reports which give data on the number
of anti-dumping investigations and measures adopted by members of anisation.
Until the mid-1980s only the United States, Australia, New Zealand and countries that are
now members of the EU took anti-dumping action regularly. In 1990 only nine members
were reported as taking anti-dumping action during the year. The WTO reported that
27 members had taken anti-dumping actions in the six-month period January 1-June 30,
The main new users have been Mexico, Brazil, South Africa, India and Korea.
More countries are introducing legislation providing for anti-dumping duties, though
there is