The Use of 'Particular Market Situation' Provision and Its Implications for Regulation of Antidumping

27 Pages Posted: 12 Oct 2017

See all articles by Mikyung Yun

Mikyung Yun

Catholic University of Korea

Date Written: September 30, 2017

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.

Keywords: Particular Market Situation, PMS, Anti-dumping, Input-dumping, Input-subsidy

JEL Classification: F13, F15, K33

Suggested Citation

Yun, Mikyung, The Use of 'Particular Market Situation' Provision and Its Implications for Regulation of Antidumping (September 30, 2017). East Asian Economic Review, Vol. 21, No. 3, pp. 231-257, September 2017, DOI 10.11644/KIEP.EAER.2017.21.3.330, Available at SSRN: https://ssrn.com/abstract=3051511 or http://dx.doi.org/10.2139/ssrn.3051511

Mikyung Yun (Contact Author)

Catholic University of Korea ( email )

Yeok Kok 2 Dong San 43-1
Won Mi Ku
Bucheon
Korea, Republic of (South Korea)

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