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Small and Medium-Sized Enterprises in International Economic Law$
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Thilo Rensmann

Print publication date: 2017

Print ISBN-13: 9780198795650

Published to Oxford Scholarship Online: June 2017

DOI: 10.1093/acprof:oso/9780198795650.001.0001

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Rediscovering the Forgotten Article of the WTO Anti-Dumping Agreement

Rediscovering the Forgotten Article of the WTO Anti-Dumping Agreement

How Article 6.13 Protects SMEs

(p.61) 3 Rediscovering the Forgotten Article of the WTO Anti-Dumping Agreement
Small and Medium-Sized Enterprises in International Economic Law

Karsten Pötschke

Oxford University Press

The negotiating parties to the World Trade Organization (WTO) Anti-Dumping Agreement (ADA) acknowledged that small and medium-sized enterprises (SMEs) face substantial financial, organizational, and personnel constraints when participating in anti-dumping (AD) investigations. They therefore decided to include Article 6.13 ADA in the revised agreement in 1994. The provision requires national authorities to take the special circumstances of SMEs into account and provide them with any assistance practicable when conducting AD investigations. Despite the obligatory language used, the provision has not received much attention in practice and is hardly discussed in academia. This chapter argues that the value of Article 6.13 ADA should be reconsidered. It discusses in depth the effect and meaning of this undervalued provision. Article 6.13 ADA sets a framework for the participation of SMEs in AD proceedings and modifies the effect of other, more specific provisions of the ADA on SMEs.

Keywords:   anti-dumping, Article 6.13, SMEs, small and medium-sized enterprises, WTO, subsidy

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