Public Interest Consideration in Domestic and International Anti-dumping Disciplines

Abstract:
Anti-dumping measures are applied to protect a particular domestic industry of an importing country from dumped imports causing injury to such an industry. However, what is to be done if the anti-dumping measure is in contradiction with the interests of consumers, importers or other domestic industries, which use an imported product as an input for their products? Some countries apply a so-called public interest test before making a decision on the imposition of anti-dumping measures. This paper aims to analyse the international and domestic disciplines addressing the public interest concerns within anti-dumping investigations. In particular, the paper explores the legal concept of public interest and its consideration within the AD Agreement. The paper describes the existing modalities of public interest investigation using the examples of the EU and Canada. Finally, it discusses the status and perspective of negotiations on a mandatory public interest clause within the Doha Round.