Assessing the Importance of the Definitions of ‘Product under Consideration’ and ‘Like Product’ in Antidumping Investigations

Abstract

The administration of the antidumping law requires the identification of the 'like product' in each case. Article 2.1 of the Antidumping Agreement provides that a product 'is to be considered as being dumped, that is, introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country' (emphasis added). The product that is compared to the 'like product' is known as the 'product under consideration' or the 'subject product'. The definitions of 'product under consideration' and 'like product' determine, among other elements, the individuals or companies that may be affected by the investigation, from whom and which information may be gathered, and to whom and to which products the imposition of an antidumping duty may be directed. An assessment of the importance of these definitions in antidumping investigations illustrates their significance in determining the scope of antidumping cases and, in turn, their value and effectiveness.