Comment on article VI GATT: Application of Antidumping measures in Russia and abroad

Abstract

The article deals with the problem of dumping and anti-dumping practices. In 1947 after the proposal of the USA there was elaborated article VI of General Agreement on Trade and Tariffs (GATT). Since that time antidumping legal regime reflects the ideology of the USA in this sphere. Art. VI of GATT has become the basis for national antidumping legislation. This article remained unchanged in the charter of WTO. In 1994 there was signed an Agreement on implementation of art. VI GATT (Antidumping Code of 1994).
From the definition of dumping it is clear that GATT does not prohibit it, just condemns. A stipulator has the right to impose an antidumping tax, but it should not exceed the dumping margin on these goods. GATT provides 3 alternative criteria for determining the difference in price, what is described in detail in the Antidumping Code.
The issue of which regulations of Antidumping Code to be included in the national legislation depends on the circumstances. In the article the author offers the position of New Zealand on this question and gives comprehensive analysis of what has been done in this sphere by the USA and the EU. As for Russia its legislation in the field is primarily identical to the ones of foreign states due to the process of its accession to the WTO.
Taking into account the number of member states of WTO, the Antidumping Code is a fundamental unified standard for the antidumping regulations. It dominates over other sources and serves as a reference point for them.