Global Trade and Customs Journal

Volume 12 (2017)

Volume 12 (2017) / Issue 9

Cornelia Furculiță, 'Cost of Production Calculation in EU Anti-Dumping Law: WTO Consistent ‘As Such’ After EU – Biodiesel' (2017) 12 Global Trade and Customs Journal, Issue 9, pp. 360–366

Abstract

To consider the consistency of the method of calculation of the cost of production based on Article 2(5) of the EU Anti-dumping Basic Regulation, an assessment of the reasoning of the Appellate Body (AB) in EU – Biodiesel case is necessary in the context of the ordinary meaning of the Antidumping Agreement and existing WTO case law; four main situations illustrate how the application of Article 2(5) of the EU Anti-dumping Basic Regulation will be influenced by the EU – Biodiesel case: the issue of input dumping in a distorted market, the problem of possible alternatives for China if recognized as a Market Economy (ME), the question of double remedy, and the EU modernization of trade remedies.

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ISSN: 1569-755X
ID: GTCJ2017048