The core of this article is to explore the ramifications of Appellate Body’s finding in US – Carbon Steel (India) that ‘cross-cumulation’ is not allowed under the WTO law. While this serves as a starting point, this article attempts to provide a comprehensive overview of the law governing cumulative analysis of imports in the original injury assessments under the Anti-dumping Agreement and the Subsidies Agreement. The article examines the legal position that may apply under various scenarios, including the consideration of imports from multiple producers from within a single country as well as the more complicated scenarios of cross-cumulation. While the issue of cumulating solely dumped imports in subsidy investigations has been settled by the finding in US – Carbon Steel (India), the legal position governing the cumulation of imports that are simultaneously dumped and subsidized is not entirely clear. The article will explore certain legal nuances involved in this area.
Global Trade and Customs Journal