Solving the Nonmarket Economy Dumping Dilemma

Thursday, January 1st, 1987 at 12:00 am by Grace M. Kang
Grace M. Kang, Solving the Nonmarket Economy Dumping Dilemma, 1987 Colum. Bus. L. Rev. 705

The increasing volume of trade between the United States and nonmarket economy countries has heightened the importance of determining how best to protect United States industry from dumping by these countries. The concern is that nonmarket economy exports to the United States are being sold at prices lower than their actual cost of production or home market price, thereby harming United States industry. In statutory terms, dumping occurs when imported merchandise is sold at ‘less than fair value’ (‘LTFV’) and an industry in the United States is “materially injured or is threatened with material injury, or the establishment of an industry in the United States is materially retarded by reason of” these imports.

Author Information

Awarded the E.B. Convers Prize on May 13, 1987 for best original essay on a legal subject by a member of the Columbia University School of Law, Class of 1987. The author is currently associated with Skadden, Arps, Slate, Meagher & Flom, Chicago, Illinois.