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X-raying Injury Findings in South Africa's Anti-Dumping Investigations

X-raying Injury Findings in South Africa's Anti-Dumping Investigations GUSTAV BRINK I. INTRODUCTION Internationally anti-dumping investigations are conducted under the rules of the World Trade Organization (WTO) Anti-Dumping Agreement (AD Agreement). 1 Where a WTO member is not satisfied with the procedures used in an investigation by the importing country, it may refer the matter to the WTO Dispute Settlement Body, which will then appoint a panel to investigate whether the investigation was conducted in accordance with the provisions of the Agreement. The aggrieved member raises the specific issues it wants the panel to consider and specifies the relevant provisions of the relevant Agreement.2 Strictly speaking, these rulings only apply to the parties to the dispute and although stare decisis does not apply, these rulings provide insight into whether a future panel would uphold or strike down a member's procedures. South African anti-dumping procedures have been challenged in the WTO on four occasions,3 but to date no dispute involving South Africa has progressed to a panel. In 2013 the panel in China ­ X-ray Equipment4 was requested to consider several issues, including China's injury and causality findings. These findings are scrutinised in this paper and used to determine to which extent South African procedures meet the requirements http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

X-raying Injury Findings in South Africa's Anti-Dumping Investigations

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2015
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2015.0114
Publisher site
See Article on Publisher Site

Abstract

GUSTAV BRINK I. INTRODUCTION Internationally anti-dumping investigations are conducted under the rules of the World Trade Organization (WTO) Anti-Dumping Agreement (AD Agreement). 1 Where a WTO member is not satisfied with the procedures used in an investigation by the importing country, it may refer the matter to the WTO Dispute Settlement Body, which will then appoint a panel to investigate whether the investigation was conducted in accordance with the provisions of the Agreement. The aggrieved member raises the specific issues it wants the panel to consider and specifies the relevant provisions of the relevant Agreement.2 Strictly speaking, these rulings only apply to the parties to the dispute and although stare decisis does not apply, these rulings provide insight into whether a future panel would uphold or strike down a member's procedures. South African anti-dumping procedures have been challenged in the WTO on four occasions,3 but to date no dispute involving South Africa has progressed to a panel. In 2013 the panel in China ­ X-ray Equipment4 was requested to consider several issues, including China's injury and causality findings. These findings are scrutinised in this paper and used to determine to which extent South African procedures meet the requirements

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Feb 1, 2015

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