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Establishing a New Role for Antidumping Policy: Protection of an Unestablished Industry (Morocco-Hot-Rolled Steel (Turkey))

Research output: Contribution to journalArticlepeer-review

Meredith A. Crowley, Federico Ortino

Original languageEnglish
Pages (from-to)533-545
Number of pages13
JournalWorld Trade Review
Volume20
Issue number4
DOIs
Accepted/In press2021
Published1 Oct 2021

Bibliographical note

Publisher Copyright: © The Author(s), 2021. Published by Cambridge University Press. Copyright: Copyright 2021 Elsevier B.V., All rights reserved.

King's Authors

Abstract

This article analyses economic and legal issues in the WTO dispute between Morocco and Turkey over hot-rolled steel. Over 2013-2014, the Moroccan government conducted an antidumping investigation against two Turkish steel producers. Morocco's investigation concluded that Turkish dumping was retarding the establishment of a new domestic industry; antidumping duties were imposed against both Turkish producers. Turkey filed a complaint at the WTO in 2016, asserting procedural and substantive violations. The Panel found that Morocco had acted inconsistently with a number of WTO obligations, including those regarding its injury investigation. Although Morocco initially appealed the Panel's decision, it withdrew its appeal after the antidumping duties expired in September 2019. This case is unusual and important in that it was the first antidumping case in which a country sought to use antidumping duties to protect a newly developing industry. The Panel may have missed an opportunity to explore the definition of an 'unestablished' industry for purposes of determining injury in an antidumping investigation.

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