Creating an enabling environment for the application of anti-dumping measures through law reform in Namibia

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Date

2024

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Publisher

University of the Western Cape

Abstract

Background: Trade remedies are measures countries can take to address the harm caused by imports that negatively impact domestic industries. These remedies can be divided into three categories: anti-dumping measures, countervailing measures, and safeguard measures. While both anti-dumping and countervailing measures address unfair trade practices, they differ in their specific focus. Anti-dumping measures target exports sold at lower prices than in the exporting country’s domestic market, while countervailing measures address harm caused by subsidised imports. Cohn provides insight into the definition of dumping, explaining that it happens when a company sells its products in an export market at a price lower than what it charges in its home market or below the cost of production. This raises the question of why firms would sell goods below cost. There can be various reasons, including a desire to eliminate competition by driving other parties out of business. This practice raises questions about how dumping should be regulated and whether it reflects a country’s competitiveness.

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Keywords

Environment, Anti-dumping measures, Law reform, Namibia, Unfair trade practices

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