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The Tokyo Round Trade Agreements: Anti-dumping duties

The Tokyo Round Trade Agreements: Anti-dumping duties
Author: United States. International Trade Administration. Office of Trade Policy
Publisher:
Total Pages: 34
Release: 1980
Genre: Commercial policy
ISBN:

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Anti-dumping and Countervailing Action

Anti-dumping and Countervailing Action
Author: Philip Bentley
Publisher: Edward Elgar Publishing
Total Pages: 233
Release: 2007-01-01
Genre: Law
ISBN: 1847206824

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''. . . 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


Trade Remedy Provisions in Regional Trade Agreements

Trade Remedy Provisions in Regional Trade Agreements
Author: Robert Teh
Publisher:
Total Pages: 0
Release: 2007
Genre:
ISBN:

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This paper maps the provisions on anti-dumping, countervailing duties and safeguards in seventy-four regional trade agreements. The key concern of the paper is that the elastic and selective nature of trade remedies may lead to more discrimination, with reduced trade remedy actions against RTA partners, but a greater frequency of actions against non-members. The adoption of RTA-specific trade remedy rules increases this risk of discrimination, with trade remedies against RTA members being abolished outright or being subjected to greater discipline. The results of the mappings suggest the need to be vigilant about increased discrimination arising from trade remedy rules in RTAs. A number of RTAs have succeeded in abolishing trade remedies. These RTAs are characterized by a higher share of intra-RTA trade and deeper forms of integration that go beyond the dismantling of border measures. A large number of RTAs have adopted RTA-specific rules that tighten discipline on the application of trade remedies on members. Some anti-dumping provisions increase de minimis volume and dumping margin requirements and shorten the duration for applying anti-dumping duties relative to the WTO Anti-dumping Agreement. Safeguard measures can be imposed only during the transition period, have shorter duration periods and require compensation if put in place. RTA provisions on global safeguards require that, under certain conditions, RTA partners be exempted from multilateral safeguard actions. A small number of RTAs give a role to regional institutions to conduct anti-dumping investigations and to review final determinations of national authorities. This may reduce the frequency of anti-dumping initiations and final determinations against RTA members. In the case of CVDs, we are unable to find major innovations in CVD rules and practice by past and present RTAs. A major reason for this may be the absence of commitments in the RTA on meaningful curbs on subsidies.


Agencies Believe Strengthening International Agreements to Improve Collection of Antidumping and Countervailing Duties Would Be Difficult and Ineffective

Agencies Believe Strengthening International Agreements to Improve Collection of Antidumping and Countervailing Duties Would Be Difficult and Ineffective
Author: Loren Yager
Publisher: DIANE Publishing
Total Pages: 24
Release: 2009-03
Genre: Political Science
ISBN: 1437908489

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The U.S. and its trading partners have enacted laws to remedy the unfair trade practices of other countries that cause injury to domestic industries. U.S. law authorizes the imposition of additional duties on importers to remedy these unfair trade practices. Antidumping (AD) duties are imposed on imports that are ¿dumped¿ in the U.S. and countervailing (CV) duties are imposed on imports that are subsidized by foreign governments. Over $600 million in AD/CV duties has been uncollected. This report describes agencies¿ views on: (1) obstacles (if any) to strengthening internat. agree. (IA) to help the U.S. collect AD/CV duties from importers without attachable assets in the U.S.; and (2) whether strengthened IA would improve duty collection. Illus.


International Rules and Institutions for Trade Policy

International Rules and Institutions for Trade Policy
Author: Robert W. Staiger
Publisher:
Total Pages: 86
Release: 1994
Genre: Commercial policy
ISBN:

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What are the potential benefits from establishing international rules for the conduct of trade policy and how should these rules be designed? These questions are of central importance to the evolution of national trade policies in the post-war era, a period in which an elaborate system of international rules has evolved to facilitate the process of reciprocal trade liberalization. Yet the theory of trade policy has traditionally had little to say about these rules and the issues that underlie them. Below I review and synthesize several of the currents of a growing literature that is concerned with these questions. I attempt to accomplish three objectives: To describe the basic structure of international trade agreements as they exist in practice; to explore theoretically the normative consequences of actual and alternative trade agreements; and to offer some theoretically-based explanation for the structure of trade agreements that we observe. I attempt to achieve the first objective by describing the important features of the General Agreement on Tariffs and Trade. I attempt to achieve the latter two objectives by reviewing a body of literature and drawing out its implications as they relate to these issues.