Critical Analysis of Commission Regulation (EC) no 306/2004 and Council Regulation (EC) NO 367/2004 Imposing Antidumping duty on Imports of Polyethylene Terephthalate Originating from Pakistan

Abstract

This research paper is aimed to analyse the application of Anti-dumping duty on
imports of polyethylene terephthalate originating from Pakistan; this analysis of
the investigation has been carried out within the preview of the related provisions
of the basic regulation and the relevant judgements of the EU courts. For the
purpose of such analysis, statutes have been interpreted by using Golden Literal
and Mischief rule, while the judgements has been dissected into Obiter Dicta and
Ratio Decidendi having recourse only to the later. This is an original contribution
to the existing knowledge, as the current investigation has not been inspected
before. It fills the gap in the existing literature, as it attempts to evaluate all the
calculations of the EU Commission by cross checking them in contradiction of
their legal basis which originates from the basic regulation. Through such in
depth analysis, this paper has identified certain instances where the Commission
could not provide justifiable ground for its particular calculations. For example
such instances include the omission of the Commission to state the fulfilment of
all three conditions for considering a particular business in an ordinary course of
trade. At the end it recommends that the discretionary powers of the investigative
bodies should be reduced and this goal can only be attained by provision of more
detailed and specific trade defence laws.