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Under the WTO Antidumping Agreement (ADA), governments are permitted to have antidumping laws and to apply antidumping duties to redress dumping that is found to be a cause of material injury to the domestic industry producing the same or similar products.
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Although the ADA is deferential to national governments when it comes to the details of implementing their antidumping laws, it does articulate certain minimum standards intended to limit the scope for abuse, such as reaching affirmative findings of dumping when no dumping has occurred or manufacturing punitively high antidumping duty rates, for example.
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The organization may also eventually forbid American "antidumping" laws that bar the import of low-cost foreign steel.
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Unlike the antidumping and countervailing duty laws, a Section 421 case does not include allegations of prices at less than fair value or prices that benefit from countervailable government subsidies.
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But during the period in which the FTZ application was pending, an army of professional antidumping law supporters the Committee to Support U.S. Trade Laws (CSUSTL), the United Steelworkers Union, the Steel Manufacturers Association, Senator Charles Schumer (D-NY), and others argued that granting the designation would serve only to circumvent the antidumping order, and that the well-being of the petitioner was all that mattered under the antidumping law.
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