Published online by Cambridge University Press: 13 August 2020
The dispute concerned anti-dumping duties imposed by Australia on two exporters of A4 copy paper from Indonesia which Indonesia claimed were inconsistent with several provisions of the Anti-Dumping Agreement. Australia imposed these duties, ranging between 30% and 40%, on the basis of a comparison of constructed normal values with export prices. Those constructed values were based, for certain input items, on substitute values – prices of pulp exported by Brazilian and South American producers to China and Korea – rather than on the actual costs recorded in those exporters' financial records. These kinds of ‘cost adjustments’ currently rank among the most controversial topics in contemporary WTO anti-dumping case law.
1 Panel Report, para. 2.1.
2 Panel Report, paras. 7.57 and 7.91.
3 Panel Report, para. 7.27.
4 Panel Report, paras. 7.90 and 7.91.
5 Panel Report, para. 7.117.
6 Panel Report, para. 7.126.
7 Panel Report, para. 7.126.
8 Panel Report, para. 7.126.
9 Panel Report, para. 7.133.
10 Panel Report, paras. 143 – 165.