It has now been forty years since the present Antidumping Act was passed. During that period certain administrative interpretations and procedures have developed. This discussion will not attempt a general exposition of the act, but rather will examine key terms which are not defined by the act itself, the administrative decisions interpreting these terms, and the soundness of these decisions when tested against the purposes of the act. In analyzing these decisions, not only the factors that influenced the original passage of the act must be considered, but also the events which have occurred since the passage of the act in 1921, such as our expanded foreign trade, the altered aims of our foreign policy, changes in congressional economic thinking as manifested by such laws as the Robinson-Patman Act, and the strength of our domestic industry in terms of its ability to compete against foreign competition. This article will also explore, in the light of these factors, areas in which the act may need revision.
James A. Kohn,
The Antidumping Act: Its Administration and Place in American Trade Policy,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol60/iss4/2