Unfair Play: Examining the U.S. Anti-Dumping 'War' Against China

The accession of China to the World Trade Organization has marked an apparent increase in tensions concerning trade relations between China and the United States. This dynamic is particularly noteworthy considering that the US is China's largest export market and, currently, the US' trade deficit with China is larger than ever. As one of the largest exporters of low-cost labor-intensive goods, China presents somewhat of a predicament to the US in terms of its potential for causing material injury to US domestic markets. As a response, the US has appealed to trade remedy measures such as the imposition of anti-dumping duties, which are designed to offset 'unfair' trade practices. Currently, China has the largest number of anti-dumping investigations initiated against it of any of the US' trading partners. Yet, the methodology that the US uses for determining dumping margins for 'non-market economies' like China differs from market economies and is significantly unfavorable towards Chinese firms. This paper examines how the US has been responding to some Chinese imports utilizing trade defense/remedy measures by looking at US anti-dumping procedure and anti-dumping case law. It also considers the forces of US domestic industries and constituents in the process, looks at questionable practices by the US and addresses the future of US anti-dumping measures towards China.