Killing the Byrd
Amendment with the right stone
JAGDISH BHAGWATI a1 1 and PETROS C. MAVROIDIS a2 1
a1 Columbia University and Council on Foreign Relations
a2 University of Neuchâtel and Columbia Law School and at CEPR
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On 16 January 2003, the WTO Appellate Body issued its report on United
States
–
Continued
Dumping
And
Subsidy
Offset
Act
Of
2000 (WTO Doc. WT/DS217 and 234/AB/R). In this report, the Appellate Body condemned the so-called US Byrd
Amendment by finding that it was inconsistent with the US obligations under the WTO Agreements on Antidumping (AD) and Subsidies and Countervailing Measures (SCM).
(Published Online June 22 2004)
Footnotes1 We are grateful for many helpful discussions on the issue and for comments on previous drafts to two anonymous referees, Kyle Bagwell, Henrik Horn, Damien Neven, Arvind Panagariya, T. N. Srinivasan, Bob Staiger, Alan Sykes, Arun Venkataraman and especially Jasper-Martijn Wauters. Rhian-Mary Wood-Richards who provided us, as usual, with excellent technical assistance. A sketch of the argument was provided in our op.ed. in The
Financial
Times (Online Edition), 2003.
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