TY - JOUR
T1 - Clarifying the legal ambiguity in article 2.2.2(III) of the anti-dumping agreement
T2 - A proposed set of interpretative guidelines for “Any other reasonable method”
AU - Jung, Nu Ri
N1 - Publisher Copyright:
© 2016 National Taiwan University (IEEB). All rights reserved.
PY - 2016
Y1 - 2016
N2 - When investigating authorities construct normal value under Article 2.2 of the Anti-Dumping Agreement, they may, if the method prescribed by the chapeau of Article 2.2.2 is unavailable, opt to use Article 2.2.2(iii)’s “any other reasonable method” to calculate amounts for SG&A and for profits, subject only to a “profit cap”. The apparent ambiguity enshrined in Article 2.2.2(iii) has been interpreted to give investigating authorities broad discretion and has engendered various overly discretionary, sometimes abusive, interpretations by investigating authorities. A guideline for the interpretation of Article 2.2.2(iii) can be, however, drawn from the overall context and structure of Article 2 of the Anti-Dumping Agreement. In order to clarify the ambiguity in Article 2.2.2(iii) of the Anti-Dumping Agreement and to prevent any abusive use of “other reasonable method” by investigating authorities’ construction of Constructed Value, all Article 2.2.2(iii) methods must be consistent with this structural guideline of Article 2 of the Anti-Dumping Agreement.
AB - When investigating authorities construct normal value under Article 2.2 of the Anti-Dumping Agreement, they may, if the method prescribed by the chapeau of Article 2.2.2 is unavailable, opt to use Article 2.2.2(iii)’s “any other reasonable method” to calculate amounts for SG&A and for profits, subject only to a “profit cap”. The apparent ambiguity enshrined in Article 2.2.2(iii) has been interpreted to give investigating authorities broad discretion and has engendered various overly discretionary, sometimes abusive, interpretations by investigating authorities. A guideline for the interpretation of Article 2.2.2(iii) can be, however, drawn from the overall context and structure of Article 2 of the Anti-Dumping Agreement. In order to clarify the ambiguity in Article 2.2.2(iii) of the Anti-Dumping Agreement and to prevent any abusive use of “other reasonable method” by investigating authorities’ construction of Constructed Value, all Article 2.2.2(iii) methods must be consistent with this structural guideline of Article 2 of the Anti-Dumping Agreement.
KW - Article 2.2.2(III)’s other reasonable method
KW - Interpretive guidelines
KW - WTO anti-dumping agreement
UR - http://www.scopus.com/inward/record.url?scp=85047562931&partnerID=8YFLogxK
M3 - Review article
AN - SCOPUS:85047562931
SN - 1819-5164
VL - 11
SP - 369
EP - 394
JO - Asian Journal of WTO and International Health Law and Policy
JF - Asian Journal of WTO and International Health Law and Policy
IS - 2
ER -