The U.S. Congress is currently considering a vote to repeal the 1916 Antidumping Act. The 1916 Antidumping Act makes the importation of foreign goods that were sold below market prices illegal if the foreign company had the "intent [to] destroy or injure an industry in the United States." Few claims have been adjudicated under the 1916 Act since its passage, and no plaintiff has won a case based solely on the 1916 Antidumping Act. Commentators reason that the strict intent requirement or the availability of remedies in other antitrust statutes has contributed to this phenomenon. Recently, there has been debate in the international trade community regarding the Act's compatibility with multinational trade treaties of which the United States is a signatory. The World Trade Organization found the 1916 Act inconsistent with antidumping provisions in 1994 GATT, and its Appellate Body upheld those decisions.
This Note discusses the history of the antidumping legislation and enforcement, the current international controversy surrounding the laws of the United States, and the costs and benefits of using international dispute resolution procedures to counteract foreign dumping in the United States if the 1916 Act is repealed.
Let's Dump the 1916 Antidumping Act: Why the 1994 GATT Provides Better Price Protection for U.S. Industries,
37 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol37/iss3/5