Cost of Production Calculation in EU Anti-Dumping Law: WTO Consistent ‘As Such’ After EU – Biodiesel - Global Trade and Customs Journal View Cost of Production Calculation in EU Anti-Dumping Law: WTO Consistent ‘As Such’ After EU – Biodiesel by Cornelia Furculi?a - Global Trade and Customs Journal Cost of Production Calculation in EU Anti-Dumping Law: WTO Consistent ‘As Such’ After EU – Biodiesel Cornelia Furculi?a 12 9

To consider the consistency of the method of calculation of the cost of production based on Article 2(5) of the EU Anti-dumping Basic Regulation, an assessment of the reasoning of the Appellate Body (AB) in EU – Biodiesel case is necessary in the context of the ordinary meaning of the Antidumping Agreement and existing WTO case law; four main situations illustrate how the application of Article 2(5) of the EU Anti-dumping Basic Regulation will be influenced by the EU – Biodiesel case: the issue of input dumping in a distorted market, the problem of possible alternatives for China if recognized as a Market Economy (ME), the question of double remedy, and the EU modernization of trade remedies.

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