ANTI-DUMPING MEASURES AGAINST RUSSIAN EXPORTERS: OPPORTUNITIES FOR REMOVING

Anti-dumping policy is the instrument of protection of domestic producers from dumped imports causing injury to the domestic industry. Russian exporters are facing significant barriers to trade in foreign markets in the form of anti-dumping measures, in particular in the case of non-fuel exports. While Russia is striving to a higher degree of export diversification, this goal cannot be achieved given the current magnitude of the existing anti-dumping measures against Russian exporters that mostly affect two major export oriented industries, namely steel and fertilizers. This paper estimates losses of Russian exports resulting from the anti-dumping measures imposed by third countries. We use partial equilibrium model incorporated into the World Integrated Trade Solutions (WITS) software that allows performing tariff cuts simulations to estimate the effects of removal of the anti-dumping on trade. While this estimation is problematic due to the lack of firm-level data, our results show that the total loss of exports is around 3 Billion US$ where the major share is attributed to the anti-dumping measures imposed by the USA. We also give an overview of the instruments that could be used by Russian exporters to defend their interests in the context of the Russian membership to the WTO. While there is no absolute remedy to counteract discrimination resulting from anti-dumping, we believe that each legal instrument may be successfully used on a case-by-case basis. Therefore, the specific circumstances of each case must be taken into account. In this regard, we also identify and compare the determinants of litigation of anti-dumping measures in the WTO and under domestic judicial review procedures, namely in the US Court of International Trade (USCIT) and the EU General Court. Authors emphasise alternative solutions, namely the importance of cooperation of the exporter with the investigating authority or the additional rule in the regional trade agreements. Although the WTO dispute settlement is costly and time-consuming and does not normally lead to restoration of the market access, it may bring huge benefits for the exporter. These benefits stem from the legal interpretations, rulings and recommendations of the DSB on systemic issues that clarify the Anti-Dumping Agreement and directly affect the ways the anti-dumping investigations will be conducted in the future.