Determination of Injury under the GCC Common-law on Antidumping, Countervailing Measures and Safeguard Measures and its Rules of Implementation


Anti-dumping investigations consist of two major stages. The first stage involves identification of whether the product under the investigations is being dumped. Once the investigative authority finds that the product is being dumped, it moves the second phase, injury determination. While significant experience has been gained in the first stage, the second stage came to the scrutiny relatively recently. Indeed, in earlier times the majority of anti-dumping investigations were terminated at the first stage. Only few anti-dumping complaints reached the second stage. However, with the proliferation of anti-dumping investigations in the United States and the EU, many anti-dumping complaints now reach the injury determination stage. Due to this developed many of the concepts of injury determination has been clarified. However, some of them remain vague and ambiguous. The current paper looks at these concepts and attempts to explain them.The vast majority of the existing research on anti-dumping understandably focuses on the US and the EU anti-dumping laws. Recently, scholars began paying more attention to the development of anti-dumping laws in China and India. There is also the research covering anti-dumping legislation in Australia, Canada, Mexico, and Brazil and so on. However, very little research is available on anti-dumping laws of the States belonging to the Gulf Cooperation Council (GCC). There are few works that mention the GCC Common Law on Law on Antidumping, Countervailing Measures and Safeguard Measures and its Rules of Implementation (GCC Common Law). These works, however, do not provide any in-depth analysis of the GCC Common Law provisions. The current paper aims to address the research gap by focusing on injury determination provisions contained in the GCC Common Law.


Keywords: Anti-Dumping, Gulf States, Saudi Arabia, WTO

Article Review Status: Published

Pages: 29-49 (Download PDF)

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