Dumping and Antidumping Professor Ralph Ossa 33501 International Commercial Policy International Commercial Policy Dumping and Antidumping Introduction The price a firm charges for a given good in the domestic market is sometimes different from the price it charges for the same good in an export market. In general, the practice of charging different customers different prices is referred to as price discrimination. The most common form of price discrimination in international trade is dumping, a pricing practice in which a firm charges a lower price to foreign customers than to domestic customers. 2 International Commercial Policy Dumping and Antidumping Conditions for dumping Notice that dumping can occur only if the following two conditions are met: (i) the industry must be imperfectly competitive so that the firm is a price setter rather than a price taker, (i) markets must be segmented in the sense that domestic residents cannot easily purchase goods intended for export. 3 International Commercial Policy Dumping and Antidumping Reasons for dumping While dumping is often equated with predatory pricing, it usually occurs for less malicious reasons: Firms often have less to fear from competitors in the domestic market allowing them to charge higher prices to domestic consumers. This is because firms often have a more secure position with domestic consumers. 4 International Commercial Policy Dumping and Antidumping Antidumping in the U.S. While domestic price discrimination is a relatively uncontroversial practice (just think of the pricing of airplane tickets), dumping is widely regarded as unfair and therefore subject to special antidumping laws in the U.S.: The antidumping process is initiated when a domestic industry, usually represented by an industry association, files a petition with the Commerce Department and the International Trade Commission. 5 International Commercial Policy Dumping and Antidumping Antidumping in the U.S. (cont.) The Commerce Department determines if dumping has occurred and, if so, calculates the dumping margin. Specifically, the Commerce Department ascertains whether a foreign exporter made sales in the U.S. at prices that are “less than fair value”. The “fair value” is given by either (i) the price charged by the foreign exporter in the home market, or (ii) the price charged by the foreign exporter in third-country markets, or (iii) by an estimate of what the price should have been based on the cost of production plus administrative expenses and a profit margin. 6 International Commercial Policy Dumping and Antidumping Antidumping in the U.S. (cont.) The International Trade Commission determines if the domestic industry has suffered “material injury” as a result of the less-than-fair-value imports, where material injury means “harm which is not inconsequential, immaterial or unimportant”. While the Commerce Department almost always finds dumping, the injury determination is a more difficult hurdle for the domestic petitioner to clear because of the injury standard itself and because the International Trade Commission is a quasi-independent federal agency. 7 International Commercial Policy Dumping and Antidumping Antidumping in the U.S. (cont.) If dumping is found to exist and the domestic industry is deemed to have suffered material injury, antidumping duties are imposed to artificially raise the import price to its “fair value”. Only a small fraction of U.S. imports (less than 1 percent) is covered by antidumping duties. 8 International Commercial Policy Dumping and Antidumping Antidumping worldwide Source: The Economist 9