2003 Articles

The Byrd Amendment Is WTO-Illegal: But We Must Kill the Byrd with the Right Stone

Bhagwati, Jagdish N.; Mavroidis, Petros C.

On 16 January 2003, the WTO Appellate Body issued its report on United States – Continued Dumping And Subsidy Offset Act Of 2000 (WTO Doc. WT/DS217 and 234/AB/R). In this report, the Appellate Body condemned the so-called US Byrd Amendment by finding that it was inconsistent with the US obligations under the WTO Agreements on Antidumping (AD) and Subsidies and Countervailing Measures (SCM).