- 5 -

In the last two years, however, as reported to GATT/WTO, a downward trend in the antidumping actions taken globally is discernible. During the period July 1, 1993 - June 30, 1994 the total number of antidumping investigations reached 222, two less than the previous corresponding period. The initiation of actions reported was: EU (47), U.S. (47), Australia (45), Brazil (30), Mexico (23), Canada (22), New Zealand (2), India (1), Japan (1) and Korea (4). During the period July 1, 1994-June 30, 1995, the total number of antidumping investigations declined further. Of the 142 investigations initiated during this period, Argentina reported (6), Australia (6), Brazil (12), Canada (9), Colombia (1), EU (37), India (9), Korea (3), Mexico (18), New Zealand (9), Singapore (2), and the U.S. (30). By June 1995, the total number of measures in force was 724 of which the U.S. accounted for (305), EU (178), Canada (91), Australia (86) and Mexico (42).' With the increase in its pending investigations, Mexico has now earned the dubious distinction of having the greatest antidumping caseload in the world.<sup>9</sup> A recent entrant into this field is India and China is likely to follow soon. Along with trade liberalization measures of the early 90s, India energized its antidumrping procedures which had been lying dormant in the statute book for about a decade.1 By January 1995, one final determination of dumping had been made and ADD imposed", one provisional antidumping ADD imposed1<sup>2</sup> and six investigations were in the pipeline.1<sup>3</sup> From 1993 through July 1996 about 40 complaints are said to have been received'<sup>4</sup> . Another new user of antidumping is Thailand. Two investigations have been carried out so far with one resulting in the imposition of antidumping duty against India. The spread of antidumping actions to developing countries was anticipated and should not come as a shock or surprise. 5 While the number of countries resorting to antidumping weaponry has increased, the overall growth rate of AD actions, as pointed out earlier, appears to be

- 8 WTO, GATT Activities 1994-1995, at 77-78 (Geneva, April 1996).

> **9** 12 I.T.R. at 564 (1995). **10** Antidumping provisions were inserted in the Customs Tariff Act, 1975 in 1982. See also Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 promulgated after the Uruguay Round replacing the erstwhile Customs Tariff (Identification, Assessment and Collection of Duty or Additional Duty on Dumped Articles and for Determination of Injury Rules, 1985. The need for antidumping measures was emphasized in Business Times of India, April 7, 1992.

**"1** Poly Vinyl Chloride Resin from Argentina, Brazil, Mexico, Republic of Korea and USA. Ministry of Commerce Notification, July 30, 1993. The Gazette of India: Extraordinary Part I - Sec 1.

**12** Bisphenol-A from Japan. Ministry of Commerce Notification, August 10, 1993, The Gazette of India Extraordinarv, Part I - Sec.1.

I Acrylonitrite Butadine Rubber from Japan; Potassium Permanganate from China; Bisphenol "A" from Russia and Brazil; 3,4,5 - Trimethoxy Bezaldehyde from PR China; Theophylline and Caffeine from P.R. China- and Isobutyl benzene from China.

'India Abroad, New York, at 26 (July 19, 1996).

**15** Thus Boltuck and Litan observed that the U.S. technology of identifuing "unfair trade" has reached abroad and that the U.S. will reap the consequences. Boltuck and Litan, supra note 3, at 6.