of production was unsuitable for determining its fair
price. Poland, as a socialist economy, does not allow
market forces fully to dictate the costs of factors of
production.For this reason, the 1974 Trade Act does
not allow production costs in a communist/social-
ist country to be used for comparison purposes.
To determine fair costs, the Treasury began to
use a small Canadian manufacturer’s costs as refer-
ence prices, only to see the Canadian firm stop
making golf carts. In addition, Poland protested that
the Canadian firm’s production costs were too high
and unsuitable for comparison.The Treasury’s next
step was to rely on reference prices of a compara-
ble product from free-market countries. Mexico
and Spain were chosen because they were consid-
ered to be similar to Poland in terms of their level
of economic development. Even though Mexico and
Spain do not produce golf carts, they were used
anyway to determine what their production costs
would be if they produced such a product. After
much review and discussion, the ruling was that the
“constructed” value did not differ appreciably from
Melex’s actual price.
The 1980 ruling did not end the matter. The
American producers still wanted Melex to pay the
dumping charges for the years 1979 to 1980, and
the Commerce Department’s 1992 review imposed
a duty of $599,053.51 plus interest. Melex has
continued to fight the case which has outlasted five
US administrations, Poland’s martial law, and the
Soviet Union empire.
10
One item of evidence of dumping occurs when
a product is sold at less than fair value. The
Commerce Department, for example, made a final
determination that imports of certain small business
telephone systems and subassemblies from Japan
and Taiwan were being sold in America at less than
fair value. Subsequently, the US International Trade
Commission made final determinations and found
injury to industries in the USA from such imports.
The Commission’s injury finding led to antidump-
ing duties being placed on imported products to
offset their price advantage.
Another example of dumping evidence is a
product sold at a price below its home market price
or production cost. The USA relies on the official
US trigger price, which is designed to curb dumping
by giving an early signal of an unacceptable import
price. In the case of steel, the trigger price sets a
minimum price on imported steel that is pegged
to the cost of producing steel in Japan.According to
the General Accounting Office, some 40 percent of
all imports at one time were priced below the
trigger price.
To provide relief, the Antidumping Act requires
the US Department of Commerce to impose duties
equal to the dumping margin.The antidumping duty
is based on the amount by which the foreign market
value or constructed value exceeds the purchase
price or an exporter’s sale price.
Petitioning or threatening to petition can create
harassment effects by forcing foreign firms to
restrain sales. Due to investigations and the threat
of duties, importers frequently reduce shipments,
increase prices, or both.
It is understandable why domestic firms want
antidumping policies. However, whether such poli-
cies benefit the economy is another issue altogether.
As concluded by an economist of the International
Monetary Fund, “antidumping, as currently prac-
ticed, is anticompetitive, threatens to further distort
trade patterns, and undercuts the benefits of multi-
lateral liberalization efforts.”
11
Indeed, the US Inter-
national Trade Commission’s study (“The Economic
Effects of Antidumping and Countervailing Duty
Orders and Suspension Agreements”) has come to
the conclusion that the overall effect of antidump-
ing duties is negative.
The USA deems dumping to be illegal if: (1)
the Department of Commerce makes a final
determination that dumping has taken place,and (2)
the International Trade Commission rules that
such imports harm or threaten the US industries. In
the case of dynamic random access microchips
(DRAMs), most American producers ceased
production under pressure of low-price imports,
primarily those from South Korea. Micron Tech-
nologies, the only significant remaining producer,
suspected Taiwanese and Korean manufacturers
of unfair trade practices. In the end, the US
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PRICING STRATEGIES