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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: 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: 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: Inge Nora Neufeld
Publisher: United Nations Publications
ISBN:
Category : Business & Economics
Languages : en
Pages : 44
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Book Description
Analyzes antidumping and countervailing duty investigations, particularly as they impact developing countries. This study also scrutinizes WTO agreements and finds that many of the negative effects of antidumping and countervailing measures are not adequately addressed.
Author: Clive Stanbrook
Publisher: Kluwer Law International B.V.
ISBN: 9041109323
Category : Law
Languages : en
Pages : 460
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Book Description
This book, now in its third edition, is written for lawyers, trade associations and marketing managers. It is one of the first to deal with the new regulations on dumping and subsidies which were adopted to implement the European Union's obligations under the Uruguay Round's 1994 Anti-Dumping Code and the 1994 Subsidies and Countervailing Measures Code. It places the highly complex subject of dumping and subsidisation in its WTO and EU contexts before taking the reader through a legal and arithmetical analysis of the technicalities involved. The book has been completely revised and expanded since it was last published in 1983, and provides many more worked examples, and draws on the much enlarged case-law of the European Court of Justice to illustrate the discussion. With more than ten years additional experience since the last edition, the authors provide a stimulating analysis of the turning points in Community anti-dumping law: revocation of undertakings, non-cooperation, five year sunset reviews, screwdriver assembly, anti-absorption measures, newcomer reviews, and now, with the new regulations, currency conversions, detailed rules on sampling methods, de minimis rules on injury, procedural deadlines, consumer interests and a new approach to circumvention.
Author: Petros C. Mavroidis
Publisher: Edward Elgar Publishing
ISBN: 1848440146
Category : Political Science
Languages : en
Pages : 633
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Book Description
All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case law of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field. Christoph Herrmann, Common Market Law Review Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone. Chad P. Bown, Brandeis University, US The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas. Michael Trebilcock, University of Toronto, Canada Trade barriers that are contingent on the existence of specific conditions dumping by, or subsidization of, exporters, and injury of domestic firms have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area. Bernard Hoekman, The World Bank, US In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal
Author: Edwin A. Vermulst
Publisher: Cameron May
ISBN: 1874698783
Category : Antidumping duties
Languages : en
Pages : 878
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Book Description
The book provides a comprehensive overview of WTO dispute settlement rulings interpreting the trade remedy provisions of these four agreements which include: Anti-Dumping; Subsidies and Countervailing Measures ; Safeguards and the Textiles and Clothing Agreement.
Author: Yanning Yu
Publisher: Kluwer Law International B.V.
ISBN: 9041126864
Category : Technology & Engineering
Languages : en
Pages : 294
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Book Description
The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.
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: Van Bael & Bellis
Publisher: Kluwer Law International B.V.
ISBN: 9041139346
Category : Law
Languages : en
Pages : 1400
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Book Description
European trade defence law has expanded sufficiently in the last few years to require a new edition of this definitive work, last revised in 2004. As trade law practitioners and scholars have come to expect from the Brussels law firm Van Bael & Bellis, the fifth edition provides comprehensive, up-to-date analysis and critical commentary on EU trade defence instruments dealing with anti-dumping measures, countervailing measures, and safeguard measures, as well as measures under the Trade Barriers Regulation. It gives detailed attention to all EU cases and other developments at WTO level that have occurred up to December 2010. The emphasis throughout is on practical application of the rules. The authors cover every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if 'Union interest’ calls for intervention; differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping measures; rules for the determination of permissible adjustments; rules governing the standing of various interested parties before the European Courts; rules and procedure applicable to non-market economy countries; special rules on products originating in a developing country; allocation and administration of quantitative quotas; surveillance measures; and whether and to what extent safeguard measures are subject to judicial review. For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defence instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases to be introduced in March 2011 are taken fully into account. An extensive battery of tables and annexes leads the practitioner to all the essential primary source material in the field. As a detailed and practical commentary on the international trade legislation of the Union as actually applied by the Union Institutions, this is the preeminent work in the field. Lawyers and academics involved with trade contracts or disputes need have no doubt that it is still without peer as a guide to EU trade defence instruments.
Author: DIANE Publishing Company
Publisher: DIANE Publishing
ISBN: 0788119567
Category :
Languages : en
Pages : 413
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Book Description
This analysis consists of estimating economic effects at an economy-wide level and at the industry level. The industry-specific case studies include a comprehensive empirical analysis of conditions in the affected industries: frozen concentrated orange juice, lamb meat, EPROMS (a type of semiconductor integrated circuit), color TV picture tubes, urea (high-nitrogen content fertilizer), brass sheet and strip, standard welded steel pipes and tubes, and bearings. Provides estimates of the effects on prices, production, employment, wages, income, and trade.