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 United States

Author: International Trade Centre UNCTAD/WTO.
Publisher: United Nations Publications
ISBN: 9291373354
Release Date: 2010-01-01
Genre: Business & Economics

This guide examines trade remedy procedures focusing on the legislation and practices of the United States. It outlines the scope of US trade remedy laws and reviews and the procedural framework for anti-dumping and countervailing investigations in the country. It considers anti-dumping investigations involving issues related to production cost and explains special rules used by the US Department of Commerce in anti-dumping cases against non-market economy countries. It also covers countervailing duties and measuring subsidies; global safeguard measures and China-specific restrictions on fair trade; intellectual property protection, market access and trade policy issues; the theory and practice of verification; issues that arise in injury investigations; post-order issues; settlement of trade disputes, judicial and WTO appeals.

Business Guide to Trade Remedies in the European Community

Author:
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.

Business Guide to Trade Remedies in the United States

Author:
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.

A Concise Guide to the EU Anti dumping anti subsidies Procedures

Author: Themistoklis K. Giannakopoulos
Publisher: Kluwer Law International
ISBN: 9789041124647
Release Date: 2006
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 complaint Questionnaires Confrontation meetings and oral hearings Investigations by Commission official; Offer and acceptance /rejection of undetaking; Commenting on the Commission's provisional decision Requesting review of measures and refunds and Judicial 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.

Anti dumping and Countervailing Action

Author: Philip Bentley
Publisher: Edward Elgar Publishing
ISBN: 9781847206824
Release Date: 2007-01-01
Genre: Law

''. . . 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

Anti dumping

Author: Bibek Debroy
Publisher: Academic Foundation
ISBN: 8171885896
Release Date: 2007-01-01
Genre: Business & Economics

The eight major sections in this volume focus on the increasing use of anti-dumping measures in a wide range of sectors by both developed and developing countries. In recent years, tariff reforms, the use of the provision in intra-developing country trade, and analysis of anti-dumping cases lodged at the WTO dispute settlement body indicate, the guide explains, a policy substitution to protect domestic industries.

A Handbook on Anti Dumping Investigations

Author: Judith Czako
Publisher: Cambridge University Press
ISBN: 1139438883
Release Date: 2003-09-04
Genre: Law

The subject of anti-dumping procedures has received growing attention in international trade policy and has become a source of tension between countries. This handbook covers the major areas arising in anti-dumping investigations as embodied in the relevant WTO provisions, providing an exposition of well-sourced information, explanations and guidance for grasping the intricacies of anti-dumping proceedings. Beginning with a chronicle of an anti-dumping investigation, the book proceeds to consider the crucial issues involved: calculation of dumping margins and determinations of injury and causation. Well-structured and easy to follow, the handbook is designed to assist, in a practical way, investigators delegated the authority to conduct the required investigation. Clearly presented and informative, this book will also interest government officials involved in international trade policy, importing and exporting enterprises affected by anti-dumping investigations, and their representatives, including private legal practitioners and consultants, and academic readers concerned with international trade issues.

Antidumping Measures Policy Law and Practice in India

Author: Sheela Rai
Publisher: PartridgeIndia
ISBN: 9781482821772
Release Date: 2014-05
Genre: Law

Antidumping Measures have been cirticised as anti to competition policy. It is alleged that they are usually abused by small group of producers to protect their monopoly or to protect their cartel prices. India after liberalisation of its economy has become one of the leading users of antidumping measures. Indian use of antidumping measures are being critcised on the same lines on which antidumping measures are generally criticised. Through the anaysis of 150 sample cases the author finds that the criticism is not justified. In addition to it antidumping measures have to be analysed in the general economic policy background of the country. The book attempts to do the same and concludes that although there are very few cases in which antidumping measrues were sought for protectionist purposes, in genreal Indian domestic industry has been vulnerable when it sought the protection of antidumping measures. Antidumping measrues in a way are a tool to regularly check market distortions before these distoritions become serious enough to attract the notice of the competition authority. These measures also help in maintenenace of trade on MFN basis as dumped products as much hurt imports from other sources as they hurt the domestic industry.

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.

World Trade Organization Agreement on Anti dumping

Author: K. D. Raju
Publisher: Kluwer Law International
ISBN: 9789041127808
Release Date: 2008
Genre: Law

The WTO Secretariat reports that during the period from 1995 to June 30, 2007 WTO members initiated 3097 anti-dumping investigations. Of these, 474 were put forward by India, which made it the largest user of this measure among WTO Members. The traditional argument of developing countries was that loopholes or absence of clear definitions in the anti-dumping rules have increased the possibility of abuses and discretionary practices against them. Now, many developing countries like India have become frequent users of this measure. For a better understanding of the various provisions of the WTO's Anti-dumping Agreement (ADA) a critical investigation of the resulting jurisprudence is a necessity. To that end, this timely work has a fivefold aim: and• To explore the jurisprudence that has emerged around the anti-dumping regime and how it affected developing countries; and• To assess how effectively and to what extent the WTO's Dispute Settlement Body (DSB) is able to analyze the violations of ADA provisions; and• To examine domestic compliance with DSB decisions; and• To study the Indian cases which come before the nation's Customs, Excise andamp; Sales Tax Appellate Tribunal, various High Courts and the Supreme Court of India; and and• To offer recommendations for the improvement of the anti-dumping regime from a developing country perspective.

China Intellectual Property Law Guide

Author: Kluwer Law International
Publisher: Kluwer Law International
ISBN: 9789041124197
Release Date: 2005
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

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.