v41b2Spaulding

Do International Fences Really Make Good Neighbors? The Zeroing conflict Between Antidumping Law and International Obligations

Jeffrey W. Spaulding

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Other countries “dump” goods in America every day. Judging by the name given to this practice, it may sound as though the country is being treated as some sort of landfill or that a cascade of these so-called “goods” is being abandoned on America’s docks. To generalize, “dumping” is a form of international price discrimination where the offending country sells its goods at a lower price in the United States (or another foreign country) than it does at home. In the United States, the Department of Commerce (“Department” or “Commerce”) is charged with issuing duty orders to counteract supposed dumping problems upon a finding that the importing country sent goods in the United States at less than “normal value.”
41 New Eng. L. Rev. 379

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