Article 17

Abstract

One type of administrative action that can be reviewed by a Panel under the WTO standard of review is the imposition of anti dumping duties. However, some scholars found that it is not clear how the standard of review as stipulated in the WTO Anti Dumping Agreement should be applied. This essay will focus on the application of standard of review as stipulated in Article 17.6 of the AD Agreement by the WTO panels and the Appellate Body. It is argued that the ambiguity of Article 17.6 has resulted in less deference towards national authorities’ anti dumping decision. Consequently, the panels and Appellate Body decision also stands less in favour of the injured domestic producers’ interest to obtain relief.