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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

Published online by Cambridge University Press:  19 October 2006

Extract

The WTO Anti-Dumping (AD) Agreement requires that anti-dumping duties be reviewed at least every five years (Article 11.3); pursuant to this requirement, domestic trade authorities in the US 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 (ITC). 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.

Type
Dispute settlement corner
Copyright
© Robert Howse and Robert W. Staiger

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Footnotes

We thank participants at the ALI Reporters' Meeting in Princeton Jew Jersey, October 24, 2004 and the ALI World Trade Law Invitational Conference, April 12, 2005, Geneva, for providing very helpful comments on an earlier draft.