Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/316526 
Authors: 
Year of Publication: 
2017
Citation: 
[Journal:] East Asian Economic Review (EAER) [ISSN:] 2508-1667 [Volume:] 21 [Issue:] 3 [Year:] 2017 [Pages:] 231-257
Publisher: 
Korea Institute for International Economic Policy (KIEP), Sejong-si
Abstract: 
The particular market situation provision of the WTO Antidumping Agreement is increasingly invoked against what may be described as "input-dumping," but this potentially violates the current Antidumping Agreement rules. This paper examines the practice and recent changes regarding the PMS provision in the US by critically examining relevant antidumping investigations in the US in light of GATT/WTO jurisprudence. Such US practice has not yet been extensively subjected to scholarly examination. The paper finds that the recent legal change in the US widens the scope and applicability of the PMS provision to cover input subsidies, allowing the use of not only surrogate prices but also surrogate costs. Further, the required standard of evidence to find PMS seems to have been diminished in the recent application. A widespread use of the PMS provision in such a deviant way calls for a fundamental review of the current trade remedy rules of the WTO.
Subjects: 
Particular Market Situation
PMS
Anti-dumping
Input-dumping
Input-subsidy
JEL: 
F13
F15
K33
Persistent Identifier of the first edition: 
Creative Commons License: 
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Document Type: 
Article

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