The agreement then establishes rules to determine whether the dumped imports are causing injury to a domestic industry producing a like product. Injury is considered to be material injury itself, the risk of material injury or a material delay in the establishment of a domestic industry. The government authorities find injury suffered by the domestic industry and find that the dumped imports are one of the causes of this injury. The AD Agreement provides for “cumulative assessments” of the impact of imports on a domestic sector when imports of a product from more than one country are simultaneously subject to anti-dumping investigations. The Agreement lays down specific rules which, in exceptional circumstances, allow account to be taken of the injury suffered by producers in a regional industry. The regional industry may exist in a separate competitive market if the producers in that market sell on that market all or almost all of the production of the like product and the demand for the like product on that market is not significantly supplied by producers of the like product outside that market. If this is the case, the investigating authorities may find injury, even if a significant part of the domestic industry as a whole, including producers outside the region, is not seriously injured. However, the injury suffered by the regional industry can only be established if there is a concentration of dumped imports on the market served by the regional industry and if the dumped imports are causing injury to producers of all or almost all of the production on that market. In the United States, the International Trade Commission (ITC) – an independent government agency – is tasked with imposing anti-dumping duties. Their measurements are based on recommendations they receive from the U.S. Department of Commerce and investigations by the ITC and/or the Department of Commerce. The section of the Doha Anti-Dumping Negotiating Mandate in the 2001 Doha Ministerial Declaration Following a review, a year later, the United States announced that it would apply a total of 522% of combined anti-dumping and countervailing duties on certain steels imported from China. In 2018, China filed a complaint with the WTO against tariffs imposed by the Trump administration.
Since then, the Trump administration has continued to use the WTO to challenge unfair trade practices by the Chinese government and other trading partners it claims. The GATT 1994 sets out a set of fundamental principles that apply to trade between WTO members. including the most-favoured-nation principle. It also requires that imported products are not subject to internal taxes or other changes beyond the changes imposed on domestic products and that imported products are not treated less well than domestic products under national laws and regulations, and establishes rules on quantitative restrictions, import costs and formalities. .