Guide to International Anti dumping Practice

Author: Derk Bienen
Publisher: Kluwer Law International
ISBN: 9041146784
Release Date: 2013
Genre: Business & Economics

This book is the first to bring together the actual practices and procedures in all the major users of anti-dumping. The countries surveyed include all the so-called traditional users (Australia, Canada, the EU, New Zealand, South Africa, and the United States) as well as the leading new users (Argentina, Brazil, China, India, Korea, Mexico, and Turkey). The book provides not only an overview of each of the systems considered but also a detailed reference to the way different jurisdictions have handled specific issues. In addition, the structure for each chapter is virtually identical, allowing for a ready comparative analysis of various topics. These topics include the following: applicable legislation, regulations, prescribed guidelines and procedures; decision-making process and time-line; the likelihood of an investigation leading to the imposition of measures; statistics 1995 2011 with details of actual investigations and duties imposed; threshold of injury and calculation of non-injurious price; establishment of causal link; verification reports, hearings, access to information, and other procedural issues; reviews and refunds; and anti-circumvention measures. An introductory chapter provides a comparative statistical analysis of the use of anti-dumping by the thirteen countries, highlighting key features of anti-dumping systems in a comparative way. The introduction also assesses the important impacts of China s accession to the WTO in 2001 and of the economic and financial crisis of 2008 2009, discusses the treatment of non-market economies, and notes emerging tendencies in anti-dumping reform. This is an invaluable work on a key area in trade (and competition) law, written by a team of well-known experts. With its comprehensive and practical format, the book will be of great interest to practitioners dealing with anti-dumping cases, including trade law practitioners who may have to defend anti-dumping cases in different jurisdictions, attorneys in international trade law and competition law, government officials, academics, and researchers."

Business Guide to Trade Remedies in the European Community

Publisher: Oxford University Press
ISBN: 9291372714
Release Date: 2004
Genre: Antidumping duties

This publication is part of a series of guides containing information on trade remedy procedures (anti-dumping, countervailing and safeguards legislation and procedures) aimed at business managers, importers and exporters from developing countries and transition economies. It focuses on the European Community, the largest market for many developing countries and transition economies and a frequent user of trade remedy measures. It highlights legal practice and the appropriate provisions of the relevant WTO Agreements. Topics covered include: the use of trade remedies; procedural aspects of anti-dumping and anti-subsidy investigations; and emergency action against imports safeguards.

A Concise Guide to the EU Anti dumping anti subsidies Procedures

Author: Themistoklis K. Giannakopoulos
Publisher: Kluwer Law International B.V.
ISBN: 9789041124647
Release Date: 2006-01-01
Genre: Law

Unfair trading practices such as dumping and the granting of subsidies have long been identified as threats to open markets. Yet despite decades of international trading rules, global markets are still jeopardized by practices which can cause material injury to industries and put employment at risk. The European Union has been a leader in its determination to ensure that its industries are not disadvantaged by such practices, that Community interests are defended, and that fair competition is restored where needed. The basic texts which form the legal basis of anti-dumping and anti-subsidy investigations in the Community entered into force in 1996 and 1997. The procedures developed in these texts, as amended, and in their corresponding regulations, are the subject of this extremely helpful guide. Practitioners who must follow these often complex procedures will find precise guidelines for the substantive determinations that must be made such as calculating the material injury, determining the cause of injury, and applying the Community interest test and then be able to move confidently through every procedural step, including the following: Initial complaintQuestionnairesConfrontation meetings and oral hearingsInvestigations by Commission official;Offer and acceptance /rejection of undetaking;Commenting on the Commission's provisional decisionRequesting review of measures and refunds andJudicial review Throughout the presentation the author describes relevant cases and actual measures taken. Tables of cases and measures as well as a bibliography are included. Business people and their counsel, whether engaged in trade within the EU or between any country and an EU Member State, will benefit enormously from the detailed guidance offered in this incomparable volume. The book will also be invaluable to academics and policymakers as an unclouded analysis of anti-dumping/anti-subsidies procedures under EC law.

Business Guide to Trade Remedies in the United States

Publisher: United Nations Publications
ISBN: 9291372536
Release Date: 2003
Genre: Business & Economics

This publication is part of a series of guides containing information on trade remedy procedures (anti-dumping, countervailing and safeguards legislation and procedures) aimed at business managers, importers and exporters from developing countries and transition economies. It focuses on the United States, highlighting legal practice and the appropriate provisions of the relevant WTO Agreements, such as implementation of Article VI of the General Agreement on Tariffs and Trade 1994, WTO Agreement on Subsidies and Countervailing Measures, and WTO Agreement on Safeguards. Topics covered include: the origins of trade remedies; the procedural framework for US unfair trade remedies; trade remedy investigations and actions; intellectual property protection; verification; injury determinations; settlement of trade disputes; and the internet guide to US trade remedy law under Title VII and section 201.

China Intellectual Property Law Guide

Author: Kluwer Law International
Publisher: Kluwer Law International B.V.
ISBN: 9789041124197
Release Date: 2005-01-01
Genre: Law

Written in the context of China's new intellectual property laws after WTO entry, this unique law-and-commentary guide examines the legal framework for intellectual property protection and its practical implications in the commercial world. Written for multinationals with operations in China, the book addresses the commercial realities of protecting and managing intellectual property and the practical application of Chinese intellectual property laws to business, e.g., assessing risk liabilities for all parties in the supply chain, from manufacturers to retailers, to marketing firms and importers. Among the overarching topics treated are the following: Trademarks Copyright Patents Enforcement of intellectual property rights Trade secrets Internet Technology transfer Unfair competition With key legislation, cases, and judicial interpretations and cases, China Intellectual Property Law Guide has no peers as a working reference for corporate counsel and the busy IP lawyer alike. This title forms part of the Asia Business Law Series. The Asia Business Law Series is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market. This book was originally published by CCH Asia as the loose-leaf China IP Law Guide

International Trade Policy and European Industry

Author: Marcel van Marion
Publisher: Springer Science & Business Media
ISBN: 9783319003924
Release Date: 2013-07-03
Genre: Business & Economics

Trade policy has played a vital role in the decline of European electronics business. The events that resulted in the disappearance of the European television industry, of a European and Japanese video recorder format and of other European consumer electronics are directly related to market structures in exporting countries and business practices. In this book, factual business data shows and economic models explain how restrictive trade practices result in elimination of efficient competitors in export markets. It deals with the memorable case how a videocassette recorder format was established by dumping and how politics enabled it. An innovative tariff increase for CD players was invalidated by heavy dumping, causing closure of production in Europe. European CTV industry succumbed under permanent dumping and a series of biases – as the interest of a state-owned company – and serious errors making trade instruments void and rules irreconcilable with international agreements. Practical and theoretical examples and explanations, some in detail, of trade rules are provided. The book sketches events – carelessness, prejudice or special interests, arbitrary and false application of trade instruments and fraud – resulting in disappearance of various European electronics business segments.

The Strategic Guide to International Trade

Author: Jonathan Reuvid
Publisher: Kogan Page Limited
ISBN: UCSD:31822025891656
Release Date: 1997-01-01
Genre: Business & Economics

This book is aimed at senior executives and finance directors across the developed world. It provides a clear and accessible survey of the new world trading order and a definitive guide to best practice in all aspects of managing international trade.

Business guide to trade remedies in Canada

Author: International Trade Centre UNCTAD/WTO.
Publisher: United Nations Pubns
ISBN: STANFORD:36105113875061
Release Date: 2003
Genre: Business & Economics

Business Guide to Trade Remedies in Canada examines the trade remedy legislation and practices of Canada for the benefit of business managers, exporters, and importers in developing countries and transition economies. It covers the origins of trade remedies, their administration in Canada, as well as the various World Trade Organization (WTO) rules governing trade remedies. It also discusses related issues such as anti-dumping, countervailing, and the role of the Canadian International Trade Tribunal.

EC Anti Dumping Trade Laws

Author: Nicholas Khan
Publisher: Wiley
ISBN: 0471974838
Release Date: 1998-04-27
Genre: Law

EC Anti-Dumping Law- A Commentary on Regulation 384/96 M?ller * Khan * Neumann Foreword by The Rt Hon. Lord Slynn of Hadley Dumping is recognised by international law as an unfair trade practice and anti-dumping law which protects against this has recently undergone significant developments at international level as a result of the inauguration of the WTO and the adoption of a new GATT Anti-Dumping Agreement in 1994. In the European Community, Regulation 384/96 constitutes the implementation of these rules and this book analyses every provision resulting in a comprehensive guide to the new law and practice. As well as giving detailed commentary on Regulation, the book also provides an unparalleled range of examples drawn from current practice, from the fundamental concepts of dumping and injury, to the new procedures such as anti-circumvention investigations, newcomer reviews, and suspension of measures. EC Anti-Dumping Law gives the reader: * practical and expert coverage by authors who are Commission officials * detailed commentary of Regulation 384/96 taken article by article * an introductory overview of the GATT/WTO and EC background * analysis of all aspects of the judicial review of anti-dumping measures making this a vital publication for all lawyers advising on questions of international trade law. European/Commercial Law

Anti dumping and Anti trust Issues in Free trade Areas

Author: Gabrielle Marceau
Publisher: Oxford University Press
ISBN: 9780198259206
Release Date: 1994
Genre: Nature

In this book the legitimacy of anti-dumping measures in free trade areas is discussed. Economists argue that, generally, anti-dumping actions restrict and distort competition. In political terms, anti-dumping measures are biased in favour of a privileged interest group: the producers. Legally, they infringe the obligation of National Treatment contained in the GATT and NAFTA. Within regional groupings they contradict the guidelines of Article XXIV(8) (b) of the GATT. At the same time,anti-dumping measures are an exclusive exercise of sovereignty and would seem to protect statehood and arguably other national interests of any importing state. The traditional alternative for anti-dumping actions has always been argued to be the application of domestic legislation against predation and price discrimination. It is suggested that this solution is inappropriate or at least incomplete. Many abuses, other than predation, can be exercised in transnational market: transnational vertical restraints such as tying, refusal to deal, restrictions on patents, trade marks and copyrights may all facilitate dumping. Indeed, in an international forum, what constitute market power and abusive conduct differ from what would otherwise be acceptable in a domestic market. Security and other national policies ought to be weighted against efficiency considerations. In this context, the European framework of analysis, where variables additional to efficiency are balanced incompetition assessments, provides a good model for such an international code of competition. Indeed, within a regional economic grouping, interests may be different. Anti-dumping laws may be phased out if states are willing to see national distinction phasing out as well. It is argued in this book that NAFTA can constitute a laboratory for needed discussion on an international code of conduct of firms and governments. It will then be suggested that anti-dumping actions could be phased out within NAFTA only if a comprehensive system of competition laws were to be enforceable against any transnational restrictive business practice. But for all states to agree on such legislation, they must have reached parallel.