Do anti-dumping measures deserve to be dumped?

By Shardul Thacker, Mulla & Mulla & Craigie Blunt & Caroe
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When the world’s largest home appliance maker makes a noise, the US International Trade Commission (ITC) is bound to sit up and take notice! The anti-dumping and anti-subsidy petitions filed by Whirlpool have opened a fresh can of worms as the ITC unanimously ruled that Samsung, LG, Daewoo and Electrolux practised “unlawful pricing” for clothes washers originating from South Korea and Mexico.

Shardul Thacker
Shardul Thacker

The ITC’s final ruling, which came in response to petitions filed by Whirlpool in December 2011 on behalf of the US appliance industry, will result in the US Customs imposing import tariffs ranging from 11% to 151% on foreign manufacturers’ products.

Japan, China and India have been following in the footsteps of the US. As members of the World Trade Organization (WTO), they can unilaterally adopt anti-dumping measures, in accordance with the provisions of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (GATT) 1994, called the Anti-dumping Agreement (AD Agreement).

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Shardul Thacker is a partner at Mulla & Mulla & Craigie Blunt & Caroe in Mumbai.

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Tel: +91 22 2262 3191 / +91 22 6634 5496

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Email: shardul.thacker@mullaandmulla.com

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