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31 Law & Pol'y Int'l Bus. 871 (1999-2000)
The WTO Antidumping and Subsidies Agreements: Did the United States Achieve Its Objectives during the Uruguay Round

handle is hein.journals/geojintl31 and id is 883 raw text is: TIRE WTO ANTIDUMPING AND SUBSIDIES AGREEMENTS: DID THE UNITED STATES ACHIEVE ITS OBJECTIVES DURING THE URUGUAY ROUND? PAUL C. ROSENTHAL* & ROBERT T.C. VERMYLEN** I. INTRODUCTION The World Trade Organization (WTO) has radically changed the nature of international trade regulation in just five years. In scrapping the diplomatic model of the General Agreement on Tariffs and Trade1 (GATT 1947) for the rules-based binding dispute settlement regime of the WTO, the Members established an institution potentially capable of dismantling trade barriers in whatever shape they appear. The United States has been a strong proponent of a rules-based system accompanied by a dispute settlement mechanism that resembles its own transparent adjudicative process. The United States' objectives concerning disputes over antidumping and countervailing duty cases were somewhat different than concerns in other substantive areas. The United States was a demandeur in many areas, such as agriculture and intellectual property, but the U.S. objectives in the dumping and countervailing duty negotiations were largely defensive. Hence, the U.S. objective for dispute settlement in the dumping and subsidy areas differed as well. During the Uruguay Round negotiations on the Agreement on Implementation of Article 6 of the General Agreement on Tariffs and Trade 19942 (Antidumping Agreement) and the Agreement on Subsi- dies and Countervailing Measures3 (SCM Agreement), the parties had to balance three main considerations. First, a need exists for countries * Partner, Collier Shannon Scott, PLLC, Washington, D.C. ** Associate, Collier Shannon Scott, PLLC, Washington, D.C. 1. General Agreement on Tariffs and Trade, Oct. 30, 1947, 61 Stat. A-I1, TIAS. 1700, 55 U.N.T.S. 194 [hereinafter GATT 1947]. 2. SeeAgreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization [hereinafter WTO Agreement], Annex 1A in RESULTS OF THE URUGUAY RouND OF MULTILATERAL TRADE NEGOTIATiONS 1 (1994) [hereinafter REsULTS OF THE URUGUAYRoUND] 168 (1994) [hereinaf- ter Antidumping Agreement]. 3. See Agreement on Subsidies and Countervailing Measures, Apr. 15, 1994, WTO Agree- ment, Annex 1A, in RESULTS OF THE URUGUAY ROUND, supra note 2, at 264 (hereinafter SCM Agreement].