How Long are Five Years? Maintaining Anti-dumping Duties After Sunset Reviews

This article examines the issue of when the five-year period of reimposition of an anti-dumping duty commences after a sunset review. The article analyses the practices of all twenty-one jurisdictions that have imposed more than fifty anti-dumping duties and finds that most of these jurisdictions extend measures with effect from the finalization of the sunset review, which means that measures remain in place for more than five years. The author then analyses the words of Article 11.3 and find that duties ‘shall’ be terminated no later than five years from imposition. It provides for an exception, stating that the duty may remain in force ‘pending’ the outcome of the review. However, the choice of words suggests that if it is found that the conditions are met for extending a duty, the extension must take place from the date the duty would have lapsed but for the sunset review, and if it were not extended, it would have to lapse within five years from original imposition or last extension. The impact of this finding is that most anti-dumping duties currently in force in the world are in violation of the Anti-Dumping Agreement.