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22 Tex. Int'l L. J. 265 (1987)
United States Antidumping Law: The Case for Reconsideration

handle is hein.journals/tilj22 and id is 275 raw text is: United States Antidumping Law: The Case for Reconsideration MICHAEL S. KNOLLt SUMMARY I. THE MODERN CONCEPT OF DUMPING ...................... 266 I. AN OVERVIEW OF UNITED STATES ANTIDUMPING LAW .... 268 A. Early United States Antidumping Statutes ............... 268 B. Current United States Antidumping Law ................. 269 1. Substantive Changes Under the 1979 Act ............ 269 2. United States Law and its Relation to GATT Antidumping Law .................................. 270 3. Investigative Procedure in Dumping Cases ........... 271 (a) The DOC Investigation ......................... 271 (b) The ITC Investigation .......................... 273 4. Legislative History of the 1979 Act .................. 274 III. THE ECONOMICS OF DUMPING AND SUBSIDIES COMPARED .. 277 A. The Economics of Dumping ............................. 278 B. The Economics of Subsidies ............................. 281 C. Dumping as an Unfair International Trade Practice ...... 283 1. Dumping as an Act ................................ 283 2. Dumping as Unfair to Competing Domestic Producers 284 3. Dumping and Extraterritorial Effects ................ 285 4. Dumping and Injury ............................... 286 5. Dumping as a Cross-Subsidy ........................ 286 IV. CONCLUSION ............................................... 288 t Associate, Debevoise & Plimpton, New York, N.Y. Former Legal Advisor to the Vice Chairman, United States International Trade Commission. A.B., 1974; A.M., 1977; Ph.D., 1983; J.D., 1984, The University of Chicago. I am indebted to Richard Boltuck, my colleague at the Commission, who not only provided a number of valuable insights after reading an earlier draft, but whose own work on the economics of dumping was the inspiration for much of this paper. I have also had the benefit of an excellent memorandum on dumping written by David Abramowitz, who served as an intern in the Vice Chairman's office during the summer of 1986. The views expressed in this paper are solely those of the author, who is alone responsible for any remaining errors.