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ANTI-DUMPING CIRCUMVENTION IN THE EU AND THE US: IS THERE A FUTURE FOR MULTILATERAL PROVISIONS UNDER THE WTO?

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From: Fordham Journal of Corporate & Financial Law
Date: 20050101
Author:Ostoni, Lucia

It is an experiment, as all life is an experiment.**

-Justice Oliver Wendell Holmes

I. INTRODUCTION

Dumping is a commercial practice based on price discrimination.1 It consists of selling goods in a foreign market often at a price lower than the cost of production, or, in any case, at a price lower than the price charged in the domestic market.2 This practice is finalized by penetrating the targeted foreign market and, where possible, gaining a relevant position.3 The General Agreement on Tariffs and Trade 1994 ("GATT 1994") provides the general rules for determining when dumping occurs and ...

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