Cause-of-injury Analysis in European Anti-dumping Investigations

WTO rules require national anti-dumping authorities to answer two questions – does the local industry display symptoms of injury? and, are these symptoms caused by dumping? In this in-depth study of ten recent cases, Brian Hindley finds that the European Commission is good at finding positive responses to the first question, but not the second. He finds that the EC is perfunctory and ritualistic in its approach to determining the cause of injury in anti-dumping investigations. The danger is that duties are imposed on the basis of inaccurate justification. His findings provide a strong case for a new body, independent of the anti-dumping authority, to examine injury and provide cause-of-injury analysis.