A note on the need for transparency in the application of anti-dumping duties

Anti-dumping administration is a is a complex task requiring the application of economic, legal and accounting principles in the evaluation of petitions by industry for anti-dumping measures to be taken against allegedly injurious dumped imports. In particular there are complex competition issues involved in a decision on the imposition of dumping duties. Competition in the domestic market should be the first issue investigated. This will reduce the possibility of finding a false positive of injurious dumping at the initiation stage, and any unnecessary inhibitory effect on trade. The accuracy of the authority’s decisions can be enhanced by improving the transparency of the investigation process. This can be achieved by providing counsel for each party with access to the commercial in confidence information. It is then easier though a process of facilitated mediation for there to be a convergence on agreed issues needing resolution. This is likely to improve parties’ acceptance of the administering authority’s decisions based on sound economic principles from initiation to a final determination.