In 263 pages, Edwin Vermulst presents a thorough analysis of one of the most complex and controversial agreements of the WTO system: the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, or as it is commonly known, the Anti-dumping Agreement.

The author is a leading trade lawyer who has published extensively in the field of trade law, and particularly, on the Anti-dumping Agreement.Footnote ¹

The book's introductory chapter clarifies the basic concepts of dumping, provides a historical background of anti-dumping from the times of GATT to the WTO, and presents an interesting data-based assessment of the use of anti-dumping measures. Instead of a provision-by-provision commentary, in this book Vermulst adopts a fresh and thematic approach to the Agreement on Anti-dumping. Accordingly, he divides the book into four chapters covering dumping (chapter 1), injury (chapter 2), and domestic and dispute settlement proceedings (chapters 3 and 4).

Vermulst's commentary on the Anti-dumping Agreement owes a large part of its usefulness to the structure he employs for analysis. The table of contents and cover page to each chapter contain a detailed breakdown of the issue, and each chapter follows the same ethos. At the beginning, there is a small section introducing the topic and, depending on the issue, the relevant articles of the Anti-dumping Agreement. Where necessary for clearer understanding, this brief section also makes reference to the relevant WTO case law. For each entry, Vermulst provides an overview of the relevant provisions and case law. In the instances in which the topic at hand is dense, he employs a number of examples and tables to illustrate for the reader how the matter is treated in practice.

Chapter 1 contains an analysis of Article 2 of the Anti-dumping Agreement and of the rules governing the determination of dumping. It starts with the question of ‘like products’, and it provides an overview of how WTO Members have faced this question in practice. Chapter 1 examines the determination of the export price, differentiating between traders and exporters, and how to construct the export price when traders and exporters are related. The chapter also discusses at length the determination of the normal value, and Vermulst explains practical considerations in the calculation of the normal value based on domestic sales and the constructed value. He offers specific cases explaining situations in which the export country is different from the country of origin and in which the country of origin is a non-market economy. Finally, Chapter 1 also addresses the question of fair comparison between the export price and the normal value with a detailed and illustrative clarification of the Anti-dumping Agreement's different comparison methods.

Chapter 2 turns to the issue of injury and begins with the question of ‘like products’ in order to introduce the necessary steps for the injury and causation analyses. The chapter explains how the Anti-dumping Agreement envisages the definition of domestic industry under different circumstances, including situations of captive production, related parties, and regional industry. Based on the case law, it also addresses the main considerations for determination of material injury to the domestic industry, including the bases for determination and selection of the period of investigation. Causation forms the last part of the chapter, and the author rightly places particular emphasis on the requirement of non-attribution.

Chapter 3 is perhaps the most salient chapter of the book. Here Vermulst shows his expertise as one of the leading practitioners and scholars in the field by providing an exhaustive analysis of the provisions governing the conduct of domestic procedures. The chapter confronts each matter with reference to the relevant jurisprudence and practice, following the sequence of requirements and procedural steps that take place in a regular investigation process and covering every step from the pre-initiation stage to the final imposition of anti-dumping measures. Furthermore, in a fairly simple manner, Vermulst explains the somewhat problematic matter of review procedures and different systems of duty collection. The chapter concludes with a revealing discussion of WTO dispute settlement, which draws attention to the challenges brought by these proceedings as well as the controversial topic of the unique standard of review applicable to anti-dumping disputes (under article 17.6 of the Anti-dumping Agreement).

Chapter 4 is entitled ‘Residual ADA dispute settlement issues’. It is a rather descriptive chapter focusing on how the WTO dispute settlement process works and has worked with respect to anti-dumping measures. It begins with the question of whether there must be exhaustion of local remedies prior to the initiation of WTO dispute settlement proceedings. The author then describes the WTO dispute settlement process with emphasis on the rulings made by panels and the Appellate Body on a number of issues that have arisen throughout the proceedings, such as the question of various measures, the participation of co-complainants, third parties, the distinction between legal claims and arguments; the function of panels, terms of reference of panels, the burden of proof, the right to seek information, and the question of amicus briefs.

Vermulst's commentary has the virtue of being thorough, accurate, and written in an accessible manner despite the natural complexity of the issues discussed. Although the book was published in 2006 and the case law has increased significantly in the past three years, the book still remains a valid reference for government officials, practitioners, scholars, and business people interested in the area.