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Author: Dmitri Nizovtsev
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
We directly compare the short-run pass-through of tariffs, anti-dumping (AD) duties and countervailing (CV) duties into US import prices. Consistent with the theoretical predictions, we find clear pattern of non-equivalence in import price reaction to the three duty types, with the most notable difference detected between AD duties and tariffs. According to our estimates, a tariff rate would have to be approximately two times higher than an AD duty rate in order to have the same effect on the delivered import price.
Author: Dmitri Nizovtsev
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
We directly compare the short-run pass-through of tariffs, anti-dumping (AD) duties and countervailing (CV) duties into US import prices. Consistent with the theoretical predictions, we find clear pattern of non-equivalence in import price reaction to the three duty types, with the most notable difference detected between AD duties and tariffs. According to our estimates, a tariff rate would have to be approximately two times higher than an AD duty rate in order to have the same effect on the delivered import price.
Author: Matthew Kelly
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
On March 29, 2007, the United States Department of Commerce (Commerce) reversed its long-standing policy prohibiting the application of countervailing duties against non-market economy countries. Consequently, Commerce began to apply countervailing duties to products from China and Vietnam that were also subject to antidumping duties. China challenged the new U.S. practice before a World Trade Organization (WTO) panel. China argued that Commerce's actions were inconsistent with the United States' WTO obligations under the General Agreement on Tariffs and Trade 1994 (GATT 1994), the Agreement on Subsidies and Countervailing Measures (SCM Agreement), the Antidumping Agreement (AD Agreement), and the Protocol on the Accession of the People's Republic of China (Accession Protocol). China argued that Commerce's application of both countervailing and antidumping duties resulted in a “double remedy” for the U.S. industry, specifically that the effect of Commerce's methodology for determining antidumping duties against non-market economy countries was to offset the same instance of subsidization twice -- once through the imposition of the countervailing duty and again through the application of the antidumping duty. Although the Panel found that a double remedy was “likely,” it held that “China did not establish that the United States acted inconsistently with its obligations under ... the SCM Agreement.” China appealed the latter conclusion, along with other aspects of the Panel decision, to the WTO Appellate Body (AB). The AB reversed the Panel Report's conclusion -- but haphazardly provided an attempted solution to the double remedy dispute in a section, titled “The Completion of the Analysis”. This Note is about the AB's decision, particularly the “Completion of the Analysis” section. The AB held that the application of concurrent duties that offset the same subsidization twice is not consistent with Article 19.3 of the SCM Agreement because that article requires that an investigating authority collect countervailing duties “in the appropriate amounts.” But in doing so, the AB concluded that an investigating authority has an affirmative obligation under the SCM Agreement to ascertain the amount by which a countervailed subsidy lowers the export price of a product, which depends on whether and to what extent domestic subsidies have “passed through” to the export price. As such, the investigating authority has to take the necessary steps to adjust its methodology to take account of this factual situation, including the degree of pass-through of the subsidy. The AB's decision has had a powerful and ongoing effect, leading to the United States Congress's March 2012 passage of “An Act to Apply the Countervailing Duty Provisions of the Tariff Act of 1930 to Nonmarket Economy Countries, and for Other Purposes” and extensive changes in Commerce's administrative practice for extant and newly filed trade cases. The new controversial practices are now again before the WTO's AB to determine their consistency with the decision that this Note addresses. The AB's Completion of the Analysis poses several questions. Must an investigating authority adjust for pass-through in both the countervailing and antidumping calculations, the countervailing duty set equal only to the portion of the subsidy passed through to export price, the antidumping calculation then adjusting for the double remedy still represented in a diminished countervailing duty? Does the AB's decision account for the U.S. law that requires that the amount of the countervailing duty must be equal to the amount of subsidy that is found to exist, making a countervailing duty adjustment under U.S. law impossible? In order to meet its WTO obligations, should the United States return to its long standing policy of prohibiting the imposition of countervailing duties to non-market economies? This Note argues that the Completion of the Analysis neither factually nor legally solves the double remedy dispute. Part II provides background on U.S. countervailing and antidumping duty law. Part III introduces the double remedy dispute in greater detail, examines the AB's analysis of the double remedy issue, and illustrates its failure to factually and legally solve the double remedy dispute. Part IV suggests three adjustments to the United States' countervailing and antidumping methodologies that might resolve the double remedy dispute. Part V concludes.
Author: Philip Bentley
Publisher: Edward Elgar Publishing
ISBN: 1847206824
Category : Law
Languages : en
Pages : 233
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Book Description
''. . . a fine attempt to shed light on the legal rules that make antidumping and countervailing duty so controversial. Bentley, and experienced trade lawyer, and Silberston, a long-time professor of economics at Imperial College-London, team up to translate arcane and often incomprehensible legal rules into common sense language. Their book not a "how to" manual of how cases proceed, but rather a nontechnical review of many obscure but crucial concepts. The book''s appeal is considerably widened by their frequent discussion on whether the rules make economic sense. . . . the approach taken in the book enlightens policymakers, practitioners, and academics on the perverse nature of antidumping and countervailing duty laws. . . . a fine addition to the bookshelf of any scholar interested in studying trade agreements and administered protection.'' Thomas J. Prusa, Journal of Economic Literature ''Philip Bentley and Aubrey Silberston provide a balanced treatment of a complex area of trade law taking action against dumped or subsidized exports. They document in an accessible manner the many problems associated with current rules and practice and provide a practical set of recommendations to improve the administration of trade law in these areas.'' Bernard Hoekman, Development Research Group, The World Bank ''Written by a lawyer and an economist, both of whom have long experience and deep knowledge equally of theory and practice, this book offers a unique, objective and dispassionate analysis of anti-dumping and countervailing action from various aspects, not only what it is and how it is applied but also its problems and ambiguities not least in a globalised and interdependent world where it is easy to do as much damage to one''s own producers and consumers as to the apparent transgressor. Finally, some thoughts are offered as to what might be done to introduce greater rigour and discipline and to resolve the principal defects. A comprehensive guide to and review of this area of trade policy has long been needed; here it is. Trade policy practitioners, lawyers, students, and above all the negotiators should read it. Bentley and Silberston will be the standard work for some time to come.'' Anthony Hutton, formerly Director-General for Trade Policy in the Department of Trade and Industry, London, UK ''With their book Anti-Dumping and Countervailing Action Philip Bentley and Aubrey Silberston provide an eminent addition to the legal and economic literature on the subject of the appropriate use of anti-dumping and countervailing duties. Rather than offering a nuts and bolts how to book, the authors deliver a succinct and relatively non-technical overview of substantive concepts and problems inherent in the use of these commercial defence instruments that will appeal to experts and non-experts alike. While the book focuses on the WTO Anti-Dumping Agreement and its implementation in the EU and the United States, it offers valuable lessons for administrators and practitioners in other user countries also. One may not agree with all elements of their analysis I, for one, would certainly not agree with their conclusion that pre-Uruguay Round zeroing made legal and economic sense but their inter-disciplinary approach is thought-provoking and refreshing as well as timely in the middle of the EU reflection on the use of the anti-dumping instrument that EU Trade Commissioner Mandelson has launched.'' Edwin Vermulst, partner Vermulst, Verhaeghe & Graafsma, Brussels, Belgium; editor Journal of World Trade and Global Trade and Customs Journal; author of the WTO Anti-Dumping Agreement (OUP 2006) ''This book is an excellent study in depth of the practical problems that arise for regulatory authorities in seeking to apply the international rules, as laid down in the various WTO agreements, when requests for anti-dumping or countervailing measures have been received from industry. It offers not only an analysis of the difficult choices awaiting the practitioner but also a rigorous examination of the economic sense, if any, behind the practices that have evolved in recent years. On several occasions this sense is found to be wanting, and the authors make some thought provoking points and recommendations for change. Highly recommended for students and practitioners alike.'' Roderick Abbott, former deputy Director General at DG Trade in the EC Commission, and later deputy DG at the WTO This book, written by a lawyer and an economist both of whom have worked extensively in the field of international trade, offers a challenging and thought-provoking consideration of actions against dumping and export subsidies. Unlike many books in the field which simply set out the relevant international agreements and discuss their interpretation by various regulatory authorities, this book identifies numerous contradictions found in existing law and practice. Many of which, the authors argue, defy economic as well as legal logic. In light of their analysis, the authors propose a number of changes to current law and practice. Whilst they are under no illusion of the likelihood that such changes will occur in the relevant agreements in the near future, it is hoped that through compelling argument they can not only contribute to future debate, but also shape the way these issues are treated in practice. Providing a critical analysis of the commonly used trade measures against dumping and export subsidies, Anti-Dumping and Countervailing Action will be of international interest, especially to regulatory authorities, trade lawyers, trade economists and scholars and students in business school
Author: Dmitri Nizovtsev
Publisher:
ISBN:
Category : Antidumping duties
Languages : en
Pages : 18
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Book Description
This paper is ... interested in the pricing behavior of exporting firms and their responses to variations in costs and trade barriers. In doing so, we pay particular attention to anti-dumping duties and their special place among other geographical and trade barriers. ... Unlike the case of tariffs or countervailing duties, the implementation of anti-dumping measure is directly contingent on the prices of imports. Therefore the manner in which anti-dumping duties affect decisions of price-setting firms is different from that of any other trade barriers. That was pointed out by Marston (1990) and Blongen and Haynes (2002) but so far proper theoretical analysis of this trade policy instrument has been lacking. ... This paper aims to fill this gap by developing a simple pricing-to-market model in a linear demand specification. We show that the pass-through of anti-dumping duties is fundamentally different from that of tariffs, costs, or exchange rates. This theoretical notion is then supported by the empirical evidence. ... Proper understanding of the anti-dumping duty pass-through mechanism helps improve the accuracy of trade policies and the analysis of their welfare implications.
Author: R K Gupta
Publisher: SAGE Publications Pvt. Limited
ISBN:
Category : Business & Economics
Languages : en
Pages : 308
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Book Description
With the increased globalization of markets, lowering of customs tariffs, and removal of nontariff barriers, domestic industries need to protect themselves from dumped imports while exporters need to safeguard their interests against the unduly protective measures of importing countries. R. K. Gupta's comprehensive book, Anti-Dumping and Countervailing Measures, provides basic information concerning the legal provisions and the procedures for initiating or contesting investigations against dumping or subsidized imports. Of special note in the text are the author's discussion of the salient features of GATT, details of all anti-dumping cases investigated in India in recent times, and procedures followed by India's major trading partners, namely the United States and the European Community. Likely India's first complete reference on this subject, this valuable text will be of interest to exporters, importers, manufacturers, policy planners, lawyers and government officials dealing with anti-dumping cases, and all those involved in international trade and international business law.
Author: General Agreement on Tariffs and Trade (Organization)
Publisher:
ISBN:
Category : Antidumping duties
Languages : en
Pages : 40
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Book Description
Author: U. S. Customs and Border Protection
Publisher:
ISBN: 9781304100061
Category : Education
Languages : en
Pages : 0
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Book Description
Explains process of importing goods into the U.S., including informed compliance, invoices, duty assessments, classification and value, marking requirements, etc.
Author: Douglas A. Irwin
Publisher: University of Chicago Press
ISBN: 022639901X
Category : Political Science
Languages : en
Pages : 873
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Book Description
A Foreign Affairs Best Book of the Year: “Tells the history of American trade policy . . . [A] grand narrative [that] also debunks trade-policy myths.” —Economist Should the United States be open to commerce with other countries, or should it protect domestic industries from foreign competition? This question has been the source of bitter political conflict throughout American history. Such conflict was inevitable, James Madison argued in the Federalist Papers, because trade policy involves clashing economic interests. The struggle between the winners and losers from trade has always been fierce because dollars and jobs are at stake: depending on what policy is chosen, some industries, farmers, and workers will prosper, while others will suffer. Douglas A. Irwin’s Clashing over Commerce is the most authoritative and comprehensive history of US trade policy to date, offering a clear picture of the various economic and political forces that have shaped it. From the start, trade policy divided the nation—first when Thomas Jefferson declared an embargo on all foreign trade and then when South Carolina threatened to secede from the Union over excessive taxes on imports. The Civil War saw a shift toward protectionism, which then came under constant political attack. Then, controversy over the Smoot-Hawley tariff during the Great Depression led to a policy shift toward freer trade, involving trade agreements that eventually produced the World Trade Organization. Irwin makes sense of this turbulent history by showing how different economic interests tend to be grouped geographically, meaning that every proposed policy change found ready champions and opponents in Congress. Deeply researched and rich with insight and detail, Clashing over Commerce provides valuable and enduring insights into US trade policy past and present. “Combines scholarly analysis with a historian’s eye for trends and colorful details . . . readable and illuminating, for the trade expert and for all Americans wanting a deeper understanding of America’s evolving role in the global economy.” —National Review “Magisterial.” —Foreign Affairs
Author:
Publisher: World Trade Organization
ISBN: 9287034958
Category : Commercial policy
Languages : en
Pages : 116
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Book Description
Author: Rüdiger Wolfrum
Publisher: BRILL
ISBN: 9004145656
Category : Political Science
Languages : en
Pages : 1005
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Book Description
In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.
