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United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling

  • Robert Howse (a1) and Robert W. Staiger (a2)

The WTO Anti-Dumping (AD) Agreement requires that anti-dumping duties be reviewed at least every five years (Art. 11.3); pursuant to this requirement, domestic trade authorities in the United States are charged with the task of making a determination as to whether, after five years, revoking the duties would be likely to lead to continuation or recurrence of dumping (Commerce) and of material injury (US International Trade Commission, or USITC). This is called a Sunset Review; a negative determination of likelihood, either with respect to dumping or injury, will result in the duties expiring, the “sun” setting, as it were.

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L. S. Bressman Schecter Poultry at the Millenium: A Delegation Doctrine for the Administrative State,” 109 Yale L.J. 1399 (2000).

B. A. Blonigen and J. H. Park Dynamic Pricing in the Presence of Anti-dumping Policy: Theory and Evidence, American Economic Review 94(1), March 2004, pp. 134154,

R. W. Staiger and F. A. Wolak Measuring Industry-Specific Protection: Anti-dumping in the United States, Brookings Papers on Economic Activity: Microeconomics, 1994, pp. 51118,

Corinne M. Krupp and P. S. Pollard Market Responses to Anti-dumping Laws: Some Evidence from the US Chemical Industry, Canadian Journal of Economics, 29(1), February 1996, pp. 199227).

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World Trade Review
  • ISSN: 1474-7456
  • EISSN: 1475-3138
  • URL: /core/journals/world-trade-review
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