Procedural standards of anti-dumping investigations in the WTO system and their significance for foreign economic activity

Issue: № 4, 2026

Doi: https://doi.org/10.37634/efp.2026.4.15

Introduction. In the context of the development of the multilateral trading system and the intensification of international economic relations, anti-dumping measures have become one of the most widely used instruments of trade protection. At the same time, their application must comply with the procedural standards established by the agreements of the World Trade Organization (WTO), which are aimed at ensuring transparency of investigations, objective evaluation of evidence and protection of the rights of interested parties. The purpose of the paper is to identify the procedural standards of anti-dumping investigations within the WTO system and to determine their significance for foreign economic activity, as well as to examine the compliance of Ukrainian legal regulation of anti-dumping procedures with WTO standards, taking into account the private-law interests of participants in international trade. Results. The paper analyses the legal framework governing the application of anti-dumping measures within the WTO system, in particular the provisions of Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on Implementation of Article VI of GATT 1994. Special attention is paid to the procedural requirements for determining dumping, assessing injury to the domestic industry and establishing a causal link between dumped imports and the injury suffered. The practice of WTO dispute settlement in the field of anti-dumping measures is examined, including both completed disputes and current cases under consideration. The national legislation of Ukraine regulating anti-dumping procedures is also analysed in the context of its compliance with WTO standards. Conclusions. The study confirms that compliance with procedural standards during anti-dumping investigations plays a decisive role in ensuring the legality and legitimacy of trade protection measures. These procedures have a significant private-law dimension, as they directly affect the rights and interests of participants in international trade. At the same time, WTO dispute settlement practice contributes to clarifying and further developing the procedural standards governing anti-dumping investigations.

Keywords : anti-dumping procedures, anti-dumping investigations, World Trade Organization (WTO), WTO procedural standards, foreign economic activity, trade remedies, private-law interests

References:

1. General Agreement on Tariffs and Trade 1994 (GATT 1994). Marrakesh Agreement Establishing the World Trade Organization. Annex 1A. 1994. URL: https://www.wto.org/english/docs_e/legal_e/gatt94_e.htm
2. Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement). Marrakesh Agreement Establishing the World Trade Organization. Annex 1A. 1994. URL: https://www.wto.org/english/docs_e/legal_e/19-adp.pdf
3. Bown C. The WTO and Antidumping in Developing Countries. Economics & Politics. 2008. Vol. 20, No. 2. P. 255–288. URL: https://www.chadpbown.com/wp-content/uploads/2019/01/Bown-ECPO-2008.pdf
4. Zhou W., Qu X. Confronting the ‘Non-Market Economy’ Treatment: The Evolving WTO Jurisprudence on Anti-Dumping and China’s Recent Practices (September 1, 2021). UNSW Law Research Paper. 2021. URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3929143
5. Shadikhodjaev S. Input Cost Adjustments and WTO Anti-Dumping Law: A Closer Look at the EU Practice. World Trade Review. 2019. Vol. 18, No. 1. pp. 81–107. DOI: 10.1017/S1474745617000568 
6. Law of Ukraine “On Protection of the National Producer from Dumped Imports” No. 330-XIV of 22 December 1998. Vidomosti Verkhovnoi Rady Ukrainy, 1999, No. 9–10, Art. 65. URL: https://zakon.rada.gov.ua/laws/show/330-14 (in Ukrainian).
7. Law of Ukraine “On Foreign Economic Activity” No. 959-XII of 16 April 1991. Vidomosti Verkhovnoi Rady URSR, 1991, No. 29, Art. 377. URL: https://zakon.rada.gov.ua/laws/show/959-12 (in Ukrainian)
8. Cook G. Confidentiality and Transparency in the WTO’s Party-Centric Dispute Settlement System. Practical Aspects of WTO Litigation / ed. J. Huerta-Goldman et al. Kluwer Law International, 2019. pp. 3–23. URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3301863
9. Korea – Anti-Dumping Duties on Pneumatic Valves from Japan (WT/DS504). Dispute Settlement – World Trade Organization. URL: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds504_e.htm
10. Korea – Anti-Dumping Duties on Pneumatic Valves from Japan – Understanding between Korea and Japan regarding procedures under Articles 21 and 22 of the DSU. WT/DS504/13. 18 June 2020. World Trade Organization. URL: https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/DS/504-13.pdf&Open=True
11. China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat-rolled Electrical Steel from the United States (WT/DS414). Dispute Settlement – World Trade Organization. URL: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds414_e.htm
12. China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States. WT/DS414. 3 September 2015. World Trade Organization. URL: https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/DS/414-19.pdf&Open=True
13. China – Provisional Anti-Dumping Duties on Brandy from the European Union (WT/DS631). World Trade Organization. URL: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds631_e.htm
14. China – Provisional Anti-Dumping Duties on Brandy from the European Union: Request for Consultations. WT/DS631/1. 29 November 2024. World Trade Organization. URL: https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/DS/631-1.pdf&Open=True
15. European Union – Anti-Dumping Measures on Imports of Fatty Acid from Indonesia (WT/DS622). World Trade Organization. URL: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds622_e.htm
16. European Union – Anti-Dumping Measures on Imports of Fatty Acid from Indonesia: Request for Consultations. WT/DS622/4. World Trade Organization. URL: https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/DS/622-4.pdf&Open=True
17. Kuplewatzky N. Balancing Disclosure and Access to Documents in EU Trade Defence Investigations. Global Trade and Customs Journal. 2020. Vol. 15. No. 8. pp. 366–387.

 

Download paper