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Determinants of EU antidumping
actions against East Asian
countries
Weifeng Zhou
Determinants of
EU antidumping
actions
291
Ludo Cuyvers
Department of International Economics, University of Antwerp,
Antwerp, Belgium,
Centre for Asian Studies, Antwerp, Belgium and
European Institute for Asian Studies, Brussels, Belgium
Abstract
Purpose The purpose of this paper is to investigate the trends of antidumping actions targeting
East Asia and to examine the macroeconomic determinants of European Union (EU) antidumping
actions against East Asian countries including China, Japan, Korea, Hong Kong, and Taiwan.
Design/methodology/approach A Negative Binomial Regression approach is used to estimate
the macroeconomic determinants (exchange rates, gross domestic product (GDP) growth, and
unemployment rates) of EU antidumping actions against East Asian countries.
Findings The empirical estimation results suggest that the macroeconomic determinants (exchange
rates, GDP growth, and unemployment rates) significantly affect antidumping initiations against a
particular country in a particular year; in addition, the changing competitive structure and
environment in international trade play a role in prompting antidumping actions, and the countries
which are larger sources of EU imports are more likely to be hit with antidumping actions.
Originality/value This is the first paper to examine the macroeconomic determinants of EU
antidumping actions targeting East Asian countries and the empirical estimation results provide
strong evidence. It also finds that the changing competitive structure and environment in international
trade prompt antidumping actions.
Keywords European Union, Dumping, Macroeconomics, China, Japan, South East Asia
Paper type Research paper
1. Introduction
The creation of the World Trade Organization (WTO) led to a surge in antidumping
actions globally, as virtually the most countries created their own antidumping laws
and enforcement mechanism for initiating antidumping investigations. Antidumping
duties are allowed under WTO rules when there is material injury or threatened injury
to a competing domestic industry from sales by an exporter made at unfairly low prices
(usually prices alleged to be below those charged in the home market, but often below
costs). About 60 years of General Agreement on Tariffs and Trade (GATT) rounds
have resulted in low levels of tariff protection, especially for developed countries.
Constrained by these commitments, many countries have switched to other
instruments to wield protection. Among these, antidumping duties are some of the
most important.
JITLP
8,3
292
Although originally devised to combat unfair trade in the form of export prices
below normal value (i.e. dumping), their wide and arbitrary applicability has led
economists to conclude that antidumping has nothing to do with keeping trade fair.
[. . .] It is simply another form of protection (Blonigen and Prusa, 2003). Still, because
of the stated objective of fairness, antidumping duties are legally provided under the
WTO antidumping agreement. Many studies have provided strong evidence that
antidumping measures warranted to obstruct unfair trade are increasingly used as a
non-tariff barrier.
While in the 1980s only the European Union (EU), Australia, Canada, and the USA
were active and heavy users of antidumping, many more countries especially
developing countries including India, Argentina, Brazil, and South Africa joined this
group during the 1990s. According to WTO statistics, the EU as traditional user
initiated 303 antidumping investigations (USA: 354, India: 400) against other countries
and imposed 193 definitive antidumping measures (USA: 219, India: 302) between 1995
and 2004 (http://people.brandeis.edu/ , cbown/papers/AD_developing.pdf), in which
over 30 percent of the total number of EU antidumping cases are initiated against East
Asian countries: China, Japan, Korea, Hong Kong, and Taiwan[1]. What makes East
Asian countries the most popular targets and what are the determinants of EU
antidumping actions against East Asian countries?
The purpose of this paper is to investigate the trends of antidumping actions
targeting East Asia and examine the macroeconomic determinants of EU antidumping
actions against East Asian countries including China, Japan, Korea, Hong Kong, and
Taiwan, which in the past decades top the list of most targeted countries by EU
antidumping measures to an extent that cannot simply be explained by its increasing
share in world exports. A Negative Binomial Regression approach is used to estimate
the determinants of EU antidumping actions against these countries; we assume in the
preliminary analysis that the macroeconomic determinants (exchange rates, gross
domestic product (GDP) growth, and unemployment rates) significantly affect
initiations against a particular country in a particular year; and the changing
competitive structure and environment in international trade also plays a role in
prompting antidumping actions.
The remainder of the paper is organized as follows: we provide a brief overview of
recent literature in the next section. Section 3 highlights the specific position of East
Asian countries as most popular targets of EU antidumping actions. In Section 4, we
examine the empirical estimation results and explain the determinants of EU
antidumping actions against East Asian countries. Section 5 presents our conclusion.
2. A review of recent literature
The recent studies suggest that antidumping law is no longer a developed country tool;
note that the leading user of antidumping since 1995 has been India, with Argentina
and South Africa joining the USA and EU among the top five. From another
perspective, the number of countries getting involved in bringing such cases has
roughly tripled between the late 1980s and today, with all of this growth brought about
by new enforcement agencies in developing economies. In addition, the lines between
administrative protection and other forms of trade restrictions have been blurred
at least in the views of many observers. Therefore, in studying motivations for
initiating antidumping investigations researchers have turned to considering not just
case-specific factors, but also more general determinants of the demand and supply for
protection against imports.
Economists have documented various economic factors, strategic effects, and trade
effects that derive from the use of antidumping laws. On most occasions, these effects
imply a net loss for the country using antidumping duties, although the protected
industries usually gain[2]. The wave of new adopters of antidumping laws has revived
economists interest in this defensive instrument for trade protection in order to
understand what the effects and factors of such widespread use of antidumping may
be on the international trading system.
Irwin (2005) also documents the long history of antidumping in the USA. The origin
of antidumping was the Antidumping Act of 1921, providing for extra import duties to
be placed on imported goods sold for prices below some measure of their fair value, if
these imports are likely a cause of injury to a domestic industry. Irwin notes that
extensive use of antidumping occurred as far back as the late 1930s, and there was a
steady flow of cases from the mid-1950s on. However, few of these cases produced
affirmative injury determinations resulting in antidumping duties[3]. A further major
change occurred in 1984 requiring the International Trade Commission (ITC)[4] to
cumulate the imports of all countries under investigation in judging injury, increasing
the incentive to initiate the cases against multiple exporting countries.
Miranda et al. (1998) and US Congressional Budget Office (CBO) (1998) document
the dramatic growth in the number of countries joining the antidumping club.
Miranda et al. suggest that if the emergence of increased antidumping enforcement by
developing countries was a quid pro quo for general trade liberalization, there may be
welfare gains from this proliferation of antidumping law, at least in a second-best
sense. The CBO paper acknowledges this possibility as well, though their focus is more
on whether US exporters have been harmed by and/or singled out for retaliation by
new users of antidumping; on these latter issues they suggest minimal impact to that
point, noting however that with continued growth in antidumping by developing
countries US exporters may begin to be more affected in future.
Vandenbussche and Zanardis (2008) study shows that the retaliatory motives are an
important determinant of the adoption and subsequent use of antidumping laws. It is
not by chance that some of the new users were heavily targeted by the EU and USA in
the 1980s. Also worrying is the finding that the adoption of these laws has been
prompted by past trade liberalization. It is therefore doubtful that antidumping actions
are only limited to unfair trade practices. Moreover, antidumping laws can be abused
by special interests once they are in place. For instance, the aggregate effect of
antidumping measures on trade flow can be substantial enough to reverse the gains
from past trade liberalization efforts (Vandenbussche and Zanardi, 2006).
Until recently, Prusa and Skeath (2002) address some of the issues considered in this
paper. Their stated focus is to explore whether the increase in global use of
antidumping was solely due to increased unfair trading and they reject this
hypothesis. This is consistent with the recent work of Feinberg and Hirsch (1989),
Feinberg (1989, 2005), Leidy (1977), Knetter and Prusa (2003), Irwin (2005), Francois
and Neils (2004) and Sanguinetti and Bianchi (2005). Using somewhat different
samples and econometric specifications, these have all found macroeconomic
and industry-specific not purely case-specific factors to be important in
explaining antidumping actions.
Determinants of
EU antidumping
actions
293
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8,3
294
Determinants of
EU antidumping
actions
100
80
60
295
40
20
0
1900
1910
1920
1930
1940
Source: Vandenbussche and Zanardi (2008)
1950
1960
1970
1980
1990
2000
China, India, Mexico, and South Africa joined the antidumping club. In the period
1985-2001, developing countries initiated 810 antidumping investigations, 266 of which
targeted developed countries, 287 other developing countries and 257 countries in
transition, whereas developed countries initiated 925 investigations, 411 targeting
developing countries, 282 other developed countries and 232 countries in transition
(Zanardi, 2004, p. 423).
The global share of East Asian countries in antidumping cases increased from
28 percent in the period 1980-1984 up to 48 percent in the period 2000-2002. In contrast
with their popularity as targets, the East Asian countries themselves initiate less than
5 percent of global antidumping actions (Prusa, 2006, p. 744). Looking at the intensity of
antidumping investigations after 2000 only and normalising antidumping
investigations by the value of exports to create an intensity measure, compared to
Japan (set to 100 as a benchmark), China showed an antidumping target intensity of
653, Korea of 405, and Taiwan of 311. The intensity measure reveals that the increasing
trend of antidumping actions against East Asian countries is not as outspoken as the
increasing trend in the absolute number of antidumping investigations.
Although there is still a debate going on with the determinants of East Asian
Miracle emerged in last two decades, there is a consensus among economists that a
sharp increase in exports significantly contribute to the GDP growth in East Asian
countries. Nowadays, China has become motor of East Asian Miracle. As shown in
Figure 2, China increased its export share to EU market from 7 up to 12 percent over
the period from 1999 to 2004. Figure 2 shows that this increase did not only coincide
with a fall in the import share of the USA, but also with a decrease in the import shares
of Japan and Taiwan.
Figure 3 shows the EU trade balance with its main trade partners, it is observed that
all the East Asian countries are experiencing a trade surplus with the EU. The strong
increase in the export share from China prompted protectionist reactions taken
by its two biggest trade partners: the EU and the USA. Therefore, it is no surprise that
China tops the list of most targeted countries by antidumping investigations.
Figure 1.
Evolution of the number
of countries with
antidumping laws
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296
Table I.
Top 40 countries targeted
by antidumping
investigations
(1981-2001)
Country
China
USA
Korea
Japan
Taiwan
Germany
Brazil
UK
Thailand
France
Italy
India
Spain
Indonesia
Russia
Poland
Canada
Romania
Belgium
Malaysia
South Africa
Ukraine
Mexico
Czechoslovakia
Hong Kong
Netherlands
Turkey
Singapore
Yugoslavia
Hungary
Argentina
Sweden
Venezuela
East Germany
Austria
USSR
EU
Australia
New Zealand
Chile
Number of investigations
Percentage of total
422
338
305
292
201
190
188
118
116
115
113
108
100
92
92
75
74
71
69
65
62
62
60
59
59
59
55
48
47
43
39
39
39
38
36
35
28
26
26
25
9.43
7.55
6.82
6.53
4.49
4.25
4.20
2.64
2.59
2.57
2.53
2.41
2.24
2.06
2.06
1.68
1.65
1.59
1.54
1.45
1.39
1.39
1.34
1.32
1.32
1.32
1.23
1.07
1.05
0.96
0.87
0.87
0.87
0.85
0.80
0.78
0.63
0.58
0.58
0.56
East Asian countries (Table I) accounted for 36 percent of all investigations and the
East Asian countries alone for 29 percent. Although, China alone accounts for almost
10 percent of the global antidumping cases, Korea, Japan, and Taiwan are also in the
top five. As illustrated in Table I, East Asian countries have been most popular targets
of antidumping actions.
In the period 1991-2003, East Asian countries accounted for 32 percent of the total
number of 394 antidumping investigations initiated by the EU. The East Asian
0.25
1999
2004
0.20
Determinants of
EU antidumping
actions
297
0.15
0.05
Ca
na
da
Ta
iw
an
a
Ko
re
Tu
rk
ey
N
or
w
ay
nd
la
er
Sw
Ru
itz
Ja
pa
n
Ca
na
da
ia
ss
Tu
rk
ey
Ch
in
a
U
SA
0.00
Figure 2.
Evolution of import shares
in EU (1999-2004)
100
80
60
40
20
Ch
in
a
ia
Ru
ss
n
pa
Ja
N
or
w
ay
ea
or
K
Ta
iw
an
nd
la
er
20
U
SA
Sw
itz
Euros (billions)
0.10
40
60
80
100
Source: Eurostat (2004)
Figure 3.
EU trade balance with
main partners 2004
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298
countries, the ASEAN countries and the SAARC countries totally accounted for
58 percent of EU antidumping investigations. As shown in Figure 4, the share of EU
antidumping investigations against East Asian countries decreased substantially from
60 percent in 1991 to only 11 percent in 2001. In meanwhile, the European Commission
initiated 64 investigations against China, 28 against Korea, 18 against Taiwan,
15 against Japan, and two against Hong Kong. After a peak in 1999, the number of EU
antidumping investigations dramatically decreased to seven cases in 2003, three of
which targeting East Asia. There is no a reliable explanation for the recent drop in the
EU antidumping actions although Evenett and Vermulst (2005) argue that it may be an
outcome of the politicization of the EU antidumping procedure[7].
Figure 5 shows the EU antidumping investigations targeted by product category
and 170 out of 394 antidumping investigations in the period 1991-2003 were targeting
different products[8]. By comparing the shares of each product group in the number of
investigations against East Asia to the shares of these products in the total number of
EU investigations, surprisingly, the share of antidumping investigations against East
Asian countries targeting textile products is substantially smaller than the overall
share of EU investigations targeting textiles, and the most antidumping investigations
are concentrating on the electronics and mechanical products that is relatively more
often than overall EU investigations.
Moreover, over 41 percent of all the antidumping investigations (394 in total) did not
result in any definitive antidumping duties. A success rate of 59 percent for the EU
antidumping investigations is closely in line with Zanardis (2004) study for the USA,
i.e. 59.35 percent, but smaller than the success rate of 65 percent for EU investigation in
70
East Asia
Total
60
50
40
30
20
10
Figure 4.
The share of EU
antidumping
investigations targeting
East Asian countries
(1991-2003)
0
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
Source: The official journal of the European Communities and the annual reports from the Commission to
the European Parliament (2004)
0.3
East Asia
All EU
0.25
Determinants of
EU antidumping
actions
299
0.2
0.15
0.1
0.05
0
Chemical
Textiles
the period 1980-2002 (Cuyvers and Dumont, 2005). The success rate for EU
antidumping investigations targeting East Asian countries are, respectively, 50 percent
for Hong Kong, 54 percent for Korea, 56 percent for Taiwan, 63 percent for China, and
73 percent for Japan. In this case, China and Japan are the most popular targets by EU
antidumping investigations. From 2002 onwards, all EU antidumping investigations
against East Asian countries almost resulted in affirmative antidumping duties[9] that
provide evidence for unfair trade practice of EU antidumping law against East Asian
countries.
4. Explaining EU antidumping case against East Asian countries
In seeking to explain the determinants of antidumping actions, empirical studies have
gone beyond the case-specific requirements for finding dumping (determined by the
European Commission) and material injury (determined by the European
Commission) to consider macroeconomic and in some studies industry-specific
factors. Consider first how macroeconomic factors can influence the dumping
determination[10].
Let the home market price (in foreign currency) be PF and the exporters price (after
adjustments for Transportation & Distribution) in the EU (in euro) be PEU. In the
absence of dumping, PEU PF/e, where e is the foreign currency (or external) value of
the euro. Dumping would require PEU , PF/e. If the EU experiences an expansion, one
would expect an increased demand for most products. An exporter would likely raise
PEU, cet. par., therefore reducing the likelihood of dumping. In a recession, in contrast,
exporters would likely reduce price in the EU market to retain market share, increasing
the likelihood of dumping.
Figure 5.
EU antidumping
investigations by product
category (1991-2003)
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300
a dummy variable is included to examine this potential effect for the year 1997 and
after.
Following Knetter and Prusa (2003), Irwin (2005) and Sanguinetti and Bianchi (2005),
and given the count nature of the data, a Negative Binomial Regression approach is
employed. Knetter and Prusa explain that count data (i.e. only non-negative integer
values) often exhibit overdispersion (high variance of the individual observations
relative to their mean) and are more appropriately assumed to be generated by a
negative binomial random variable than by a poisson distribution (and that either is
preferable to ordinary least squares regression estimation). The equation estimated,
explaining antidumping cases against country i in year t, has the following form:
Determinants of
EU antidumping
actions
301
1.0016 *
0.9102 *
1.5703 * * *
1.9902 * * *
2.2516 *
0.3608 * *
57.26
0.0000
0.116
(1.85)
(1.78)
(3.89)
(6.65)
(1.92)
(1.98)
(2) Mechanical
products cases
1.0027 * * * (2.73)
0.9355
1.4973 * * *
2.5038 * * *
1.9198
0.2362 * *
47.55
0.0000
0.119
(1.23)
(2.83)
(5.84)
(0.95)
(2.41)
(3) Electronic
products cases
1.0019 *
0.9828
1.3824 *
2.3089 * * *
0.9807
0.3105 *
37.07
0.0000
0.114
(1.69)
(0.58)
(1.93)
(4.96)
(0.28)
(1.83)
Notes: Significance at *10, * *5, * * *1 percent, respectively; z-statistics reported, in parentheses, for
test of no effect on filings (no effect corresponds to an IRR value of 1.0)
Table II.
Negative binomial
estimation of
determinants of EU
antidumping case against
East Asia, 1995-2005
JITLP
8,3
302
though exchange rate impacts seem more important and economic growth/
unemployment rate impacts somewhat less so.
However, our investigation also raises the following questions for further research
on EU antidumping policy, first:
Determinants of
EU antidumping
actions
RQ1. Antidumping is only one part of any countrys defensive instruments for
protecting domestic industry, so does the substitutability effect between these
instruments exist?
303
Second, in the context of East Asian exporters, an important retrospective study would
be to examine how exporters targeted by EU antidumping actions responded:
RQ3. Did the EU antidumping actions lead to trade diversion and trade reflection?
Did East Asian antidumping cases vs the EU come about in retaliation?
Notes
1. Hong Kong Special Administration Region and Taiwan Province are two administrative
provinces of the Peoples Republic China.
2. See Blonigen and Prusa (2003) for a survey of the literature.
3. For example, between 1947 and 1969 there were 429 antidumping filings in the USA, but
only 24 affirmative injury determinations a 5.5 percent success rate.
4. It is the International Trade Commission of the USA.
5. It should be noted that as the first surge of US dumping cases in 1982, petitioner attorneys
had little previous experience at that point in how the two administering agencies would deal
with these cases. While there have been subsequent changes in the antidumping procedures
since the 1979 Trade Act, it seems clear that the trend of making an affirmative decision
easier to obtain began at that point.
6. Earlier (1997) had found that declines in real GDP led to increases in combined antidumping
and countervailing duty petitions in the USA over the 1980-1995 periods. However, the
analysis was based on just 16 annual observations on aggregate filing data.
7. There are disagreements between member states over the merits of imposing antidumping
duties, which results in the Council of Ministers rejecting the proposal of the European
Commission to impose antidumping measures or the Council of Ministers failing to enact a
regulation within time.
8. An investigation targeting three countries is counted as three antidumping investigations in
the total number.
9. Ad valorem tariffs are the antidumping measure most imposed against the East Asian
countries in the period considered, i.e. in 64 of the 81 investigations that resulted in any
measure being imposed. The average ad valorem tariff was 29.84 percent for China,
38.48 percent for Japan, 31.47 percent for Taiwan, 27.40 percent for Hong Kong, and
24.99 percent for Korea.
10. While the following discussion is based on the price comparison analysis of dumping,
similar results would obtain from an analysis of the cost comparison approach.
11. Such incomplete passthrough is certainly thought to be the norm see Goldberg and
Knetter (1997) for an excellent survey of the passthrough literature. See Kim (2000)
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304
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