Third Country Dumping: Origin, Evolution and Prospect

Abstract

Third country anti-dumping actions were envisioned at the very inception of the General Agreement on Tariffs and Trade (GATT) and yet almost completely neglected by most governments throughout the GATT/World Trade Organization (WTO) history. The requirement for prior approval by multilateral trade institutions became a formidable procedural obstacle for any country seeking third country anti-dumping duty (AD) actions. Despite such difficulties, there were only few attempts to effectively employ such actions and several legal arrangements to refine the rules for third country AD actions. This article investigates the origin and historical development concerning third country AD actions and examines their implications for the current WTO system that is congested with numerous Free Trade Agreements (FTAs).