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October 12, 2005 

Center for Trade Policy Studies Release Report on Administration of U.S. Antidumping Law

The Cato Institute's Center for Trade Policy Studies has recently published an eye-opening report entitled "Abuse of Discretion: Time to Fix the Administration of the U.S. Antidumping Law." The report states that Import Administration (IA), an agency within the Department of Commerce that administers part of the antidumping law Commerce Department "routinely exploits gray areas in the law to favor the domestic interests that seek protection --and, according to the verdicts of U.S. courts, sometimes violates the law in the process."

The report provides specific details and examples of areas of the antidumping law where IA's discretion has a profound impact on the final result, including issues relating to zeroing, model matching, date of sale, affiliated parties, price adjustments, surrogate values and cost allocations.

The report concludes by advocating the establishment of an oversight board to review IA's antidumping determinations before they are published. Such a board, the report states, "could help buffer antidumping decisions from the results orientation and politicization to which they are currently so prone."

This is a must-read report for anyone interested in or involved with antidumping-related issues. The report can be found at the following link:
www.freetrade.org/pubs/pas/tpa-031es.html.

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