APPLICATION
Antidumping/Countervailing Duties Versus Safeguard Tariffs
The “safeguard” provision in Article XIX of the GATT and Section 201 of the U.S. trade
law, discussed in Chapter 8, allows a domestic firm temporary relief from foreign
competition when it is determined that rising imports are the “most important cause of
In contrast to the infrequent use of safeguard or escape clauses, more than 1,228
antidumping cases were filed in the United States in the same period from 1980 to 2011.
The reason for their popularity is that the procedure necessary for tariff protection is
relatively easier. In an antidumping case, the DOC first determines whether the imported
good is sold at “less than fair value” compared with the exporting firm’s own market
price or the average cost of production. The duties are applied when the ITC determines
that the import caused “material injury” to the domestic industry. This condition is less
strict than the guideline necessary for the safeguard tariff, which requires that the rising
import be a “substantial cause of serious injury.” Moreover, the president does not need
to approve the case before the antidumping duty can be applied. As a result, 548 of the
1,228 antidumping cases received tariff protection.