Cost of Production Adjustments in Anti-dumping Proceedings: Challenging Raw Material Inputs Dual Pricing Systems in EU Anti-dumping Law and Practice

摘要

Dual pricing and input dual pricing are issues dealt with in both World Trade Organization (WTO) and European Union (EU) law and practice, but certain aspects of the applicable rules and the administrative practice of competent authorities remain unclear. This article generally addresses the compatibility of the EU policy on pricing issues with the WTO requirements and considers the current interpretations of these terms in both systems. In this regard, dual pricing is a pricing system whereby different prices for a product are set depending on its destination. Input dual pricing (or input dumping) is a policy practice by which governments set domestic prices of raw material inputs, that is, a natural resource or energy needed to produce an exported good, at a level far below export or world market prices or even below costs of production, whether or not the good itself is exported at dumped prices.