Chapter 6 explains the need for a revision of the ADA. Current negotiations on the ADA are without positive outcomes. There are several reasons for this lack of progress such as deadlock in the Doha Development Round, the mega trade agreements or unwillingness on the part of top users of anti-dumping measures. Still, alternative solutions are proposed to settle the hidden trade protectionism in anti-dumping problems. Normative solutions include a comprehensive reform of the ADA. The study proposes changes to procedural justice in anti-dumping procedures. Due to the constraints on the substantive reform of the ADA in a short timescale, other possibilities are also discussed in order to improve procedural justice, including but not limited to (1) publishing best practice guidelines; (2) creating a standard questionnaire to be used by all WTO members; (3) reforming and fixing the DSM; (4) raising awareness among exporters. This chapter aims to highlight the current state of the negotiations on the ADA as well as the importance of procedural justice during a possible revision of the ADA and other practical means.

Chapter 1 is the introduction to the book. The chapter provides the background to the problem. The anti-dumping investigations are conducted with complicated procedural rules so that exporters cannot cooperate with the investigating authorities. Investigating authorities tend to inflate anti-dumping duties and use anti-dumping for protectionist purposes taking advantage of the non-cooperation. In this context, research questions are listed in connection to the main problem. The scope of the research is also set in Chapter 1.

Chapter 7 is the conclusion and consolidates ideas and findings. This chapter calls for and reflects on the possibility of a more transparent and fair anti-dumping system for all WTO members achieved by promoting procedural justice. It also considers the significance of the findings of the book for international trade law discourse more generally by relating them to contemporary trade issues such as the US–China trade war, Brexit, the WTO crisis and mega free trade agreements.

Chapter 4 explains the anti-dumping investigation procedures of the US and EU and their differences. China represents a special case for other members with its socialist market economy and growing impact in the global political arena. Within the scope of this research, China needs to be evaluated in detail as (1) nearly one-quarter of all anti-dumping measures were taken against China, (2) Chinese exporters complain about the anti-dumping investigations both at the domestic level and the WTO DSM, (3) the attitude towards Chinese exporters eventually turns into general policies applicable to the other WTO members as the ADA is silent on some procedural issues. Thus, Chapter 4 describes the anti-dumping procedures of the US and EU and the position of China. These different procedural rules form a connection with the notion of hidden trade protectionism and anti-dumping.

Chapter 5 is dedicated to the results of the fieldwork on procedural problems in the course of anti-dumping investigations. The fieldwork attempts to uncover the problems that arise in practice. The chapter first focuses on the Chinese exporters who shared their experience of US and EU investigation procedures. In addition, law firms were asked to take part in an online survey regarding their experience with these two jurisdictions. Lastly, officials at the relevant public authority in China, the Ministry of Commerce of the People’s Republic of China (MOFCOM), were interviewed as they take part in anti-dumping investigations to support their exporters. After the procedural problems from the field were identified, additional questions were sent to the investigating authorities in the US and EU. In this part of the book, these complaints and responses are gathered according to empirical data collection methods. Lastly, this chapter evaluates the data on these three jurisdictions.

Chapter 2 sets out the theories and relevant concepts used in the book. The arguments for and against anti-dumping laws are explained considering efficiency, fairness and political issues. The theories used are interdisciplinary in nature and require a political economy perspective. Also, macro and micro views need to be taken into account because anti-dumping investigations involve both states and firms. Later, the justifiable level of anti-dumping laws is discussed. Anti-dumping laws are ill-defined cures for market distortions; this book suggests that the improvement of procedural justice can reduce the negative reaction to anti-dumping laws by limiting their misuse.

Chapter 3 focuses on WTO disputes about anti-dumping issues. Anti-dumping or to be more specific, zeroing is the single-most litigated issue under WTO law. Although the Appellate Body has found zeroing method inconsistent with ADA several times, it is still being used with small alterations. Chapter 3 shows that the so-called jewel in the crown is sometimes ineffective. To do so, the role of the DSM in the anti-dumping issue is presented and anti-dumping cases dealing with procedural issues are analysed. The procedural issues mentioned in this chapter are as follows: calculation methods, transparency, public notice/notification, selection of investigated parties (sampling), submission of evidence and rebuttals, access to non-confidential files, hearings, newcomers and enforcement.