‘Appropriate’ Price Comparisons in Anti-dumping Investigations: Apples-to-Apples or Starking-to-Starking?

Abstract

This article considers the facts before the World trade Organization (WTO) panel in China - Definitive anti-dumping duties on x-ray security inspection equipment from the European Union (China - X-rays) and how its findings require a more detailed domestic industry price analysis than currently employed in some countries. It proposes a methodology for the determination of both the price undercutting and the margin of injury and briefly explores how, if the price undercutting exercise has to be done in such considerable detail, the lesser duty rule can be applied with little additional burden.