ABSTRACT

This chapter outlines the anti-dumping (AD) and countervailing duties (CVD) administrative structures in the US and Canada and the bilateral use of the trade laws administered by those structures. Signatories to the respective General Agreement on Tariffs and Trade (GATT) Codes are permitted to impose either CVD or AD duties to eliminate market distortions caused in particular by subsidized or dumped foreign products. The GATT-based AD and CVD processes are supposed to have eliminated any discrimination between foreign and domestic producers through the use of objective non-discriminatory rules based on economic and non-political considerations. The CVD laws in the US are applied against imports which have received a foreign subsidy. The proliferation of US trade law actions has been most noticeable in the areas of CVD and AD. Producers in Canada can seek trade remedies against imports that they believe are causing serious injury to them.