Regulation of Energy in International Trade Law by Unknown

Regulation of Energy in International Trade Law by Unknown

Author:Unknown
Language: eng
Format: epub
Published: 2021-06-18T00:00:00+00:00


D.ENERGY DUAL PRICING FROM THE WTO ANTI-DUMPING PERSPECTIVE

1.Energy Dual Pricing as Input Dumping

Apart from the GATT and the ASCM, energy dual pricing has also been discussed in the GATT/WTO framework in the context of anti-dumping rules. From this perspective, dual pricing has been regarded by some Members as input dumping. Input dumping refers to a situation where inputs, including energy inputs, used in manufacturing of an exported product, are purchased internationally or domestically at dumped or below-cost prices, regardless of whether the end product is exported at dumped prices or not.152 In the context of energy dual pricing, the discipline of input dumping overlaps with the earlier discussed discipline of subsidies. In other words, energy inputs that are sold to an energy-intensive enterprise at a dumped and preferential price can constitute a subsidy within the meaning of the ASCM, and at the same time may also trigger anti-dumping rules.153 In this regard, the only caveat is provided by the GATT Article VI:5, which prohibits applying both anti-dumping and CVDs to the same product in order to compensate for the same situation of dumping or export subsidization.154



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