The WTO Anti-Dumping Agreement

Edwin Vermulst has practiced international trade and EC law and policy in Washington DC and Brussels since 1985 and is a founding member of the law firm Vermulst Verhaeghe & Graafsma. He is a member of the Brussels bar. Mr. Vermulst graduated from the University of Utrecht in 1983 and obtained LL.M. and SJD degrees from the University of Michigan Law School in 1984 and 1986. Mr. Vermulst was a WTO Panelist and has been involved in WTO dispute settlement proceedings as a member of the delegation.

• Introduction ; 1. Dumping ; 1.1 The Like Product ; 1.2 Export Price ; 1.3 Normal Value ; 1.4 Fair Comparison ; 2. Injury ; 2.1 The Like Product ; 2.2 The Domestic Industry ; 2.3 Material Injury ; 2.4 Causation ; 2.5 Threat of Material Injury ; 3. Procedures ; 3.1 Initiation ; 3.2 The Investigation ; 3.3 Measures ; 3.4 Retroactivity ; 3.5 Reviews ; 3.6 Public Notice Requirements ; 3.7 Judicial Review ; 3.8 Third Country Dumping ; 3.9 Developing Countries ; 3.10 Committee on Anti-Dumping Practices ; 3.11 Dispute Settlement ; 3.12 Final Provisions ; 4. Residual ADA Dispute Settlement Issues ; 4.1 Exhaustion of Local/Administrative Remedies ; 4.2 Consultations ; 4.3 Request for Establishment of a Panel ; 4.4 Establishment and Composition of Panels ; 4.5 Function of Panels and Terms of Reference ; 4.6 Submissions to and Meetings with the Panel ; 4.7 Confidentiality ; 4.8 Burden of Proof ; 4.9 The Record ; 4.10 Right to Seek Information/Adverse Inferences ; 4.11 Amicus Curiae Briefs ; 4.12 Judicial Economy ; 4.13 Interim Review ; 4.14 Recommendations and Suggestions ; 4.15 Adoption and Implementation ; ANNEX 1 AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GATT 1994 ; ANNEX 2 ARTICLE VI GATT 1994 ; ANNEX 3 RECOMMENDATIONS AND OTHER DOCUMENTS FROM THE COMMITTEE ON ANTI-DUMPING PRACTICES AND OTHER DOCUMENTS FROM THE ; ANNEX 4 WTO ADA PANEL AND APPELLATE BODY REPORTS ; ANNEX 5 STATISTICS

...as many a WTO scholar has discovered, it is almost impossible to comprehend the intricacies of the WTO dispute settlement system without a good understanding of the ADA...Vermulst takes a broad view of his subject-matter... and does an excellent job of integrating WTO case law into his explanation of the ADA. His elucidation of some of the trickiest concepts should make them clear even to a novice...While...the opportunity to reform the ADA may slip away, the WTO dispute settlement system is likely to keep resolving anti-dumping disputes and Members' agencies to keep imposing anti-dumping duties for the foreseeable future. This book is recommended to anyone wanting to understand what is going on.