Hastings International and Comparative Law Review


The prevention of "dumping"-selling products on the United States market at artificially low prices-has become a key issue in the international marketplace. The Antidumping Act of 1916 is designed to protect domestic industries from this predatory price discrimination by foreign firms, but this remedial provision has been invoked rarely. This Note analyzes a recent district court case that dismissed most of the plaintiffs' arguments brought under the Act, due to "minor" technical differences between the domestic and foreign products. The author concludes that the court's decision is contrary to Congressional intent and advocates the adoption of a flexible standard for product comparisons under the Act.