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Antidumping in Law and Practice

Antidumping in Law and Practice
Author: Raj Krishna
Publisher:
Total Pages: 38
Release: 2016
Genre:
ISBN:

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Has the most recent GATT agreement curbed the proliferation and misuse of antidumping actions? Not quite.The alarming increase in the number of antidumping actions pursued by both industrial and developing countries has caused considerable concern among economists, lawyers, and trade reformers. These concerns have led to suggestions to substitute antitrust principles for antidumping laws and regulations or to use safeguard measures under Article XIX of GATT 1994 and the Uruguay Round Agreement on Safeguards.Krishna contends that, under current international trade law, neither proposal appears feasible. Moreover, antidumping actions have become a fact of life and the international community recognizes them as the only legitimate tool to combat dumping as defined by and determined in accordance with law.Despite urgings in some quarters, neither national legal systems nor international agreements have mandated an economywide cost-benefit analysis of proposed antidumping actions. Because of political, technical, and other implications, such a methodology is unlikely to be accepted soon.Although the most recent Uruguay Round antidumping agreement (URAA) has enhanced the discipline and made a number of improvements, it cannot claim to have plugged all loopholes for the misuse of antidumping. In those matters on which the agreement is silent or ambiguous or allows room for flexibility in adopting a rule, national authorities should adopt a less restrictive rule or practice.A case in point is the U.S. practice on voting in the International Trade Commission. A 3-3 vote in antidumping and countervailing duty investigations constitutes an affirmative decision. It would be preferable to require a clear majority rather than treat an evenly divided vote as sufficient to establish a finding of injury.This paper is a product of the Legal Reform and Advisory Services Division, Legal Department.


Antidumping in Law and Practice

Antidumping in Law and Practice
Author: Raj Krishna
Publisher: World Bank Publications
Total Pages: 46
Release: 1997
Genre: Antidumping duties
ISBN:

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Guide to International Anti-Dumping Practice

Guide to International Anti-Dumping Practice
Author: Derk Bienen
Publisher: Kluwer Law International B.V.
Total Pages: 704
Release: 2013-09-01
Genre: Law
ISBN: 904114692X

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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.


Antidumping Law and Practice

Antidumping Law and Practice
Author: John Howard Jackson
Publisher: University of Michigan Press
Total Pages: 534
Release: 1989
Genre: Dumping (International trade)
ISBN: 9780472101641

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Scholars, economists, lawyers, and government officials debate American trade policy


Antidumping Measures: Policy, Law and Practice in India

Antidumping Measures: Policy, Law and Practice in India
Author: Sheela Rai
Publisher: PartridgeIndia
Total Pages: 435
Release: 2014-05
Genre: Law
ISBN: 148282177X

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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.


Antidumping Law and Practice in the United States and the European Communities

Antidumping Law and Practice in the United States and the European Communities
Author: Edwin A. Vermulst
Publisher: North Holland
Total Pages: 780
Release: 1987
Genre: Law
ISBN:

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The book describes and analyzes the antidumping law of the United States and the European Communities as it has developed in administrative practice from 1980 to 1986. It is the first comprehensive comparative analysis of the antidumping law of the world's two largest trading units. The analysis reveals shortcomings in both GATT international regulation of antidumping and in national implementations thereof in the US and the Common Market. Proposals for change are offered which would significantly enhance predictability and rational applications of the rules. The practical approach and extensive description of US & EC law and practice make this book important for international trade lawyers and businesses which deal with the antidumping law on a day-to-day basis.


Anti-dumping Law and Practice of China

Anti-dumping Law and Practice of China
Author: Xiaochen Wu
Publisher: Kluwer Law International B.V.
Total Pages: 470
Release: 2009-01-01
Genre: Law
ISBN: 9041127909

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For over a decade China has been globally recognized as the leading recipient of antidumping measures. On the other hand, China's use of antidumping measures is equally noteworthy. Xiaochen Wu's timely book takes a very practical approach as it examines its subject in a broad context. Besides providing a rich and detailed interpretation of the legal provisions, it discusses complex technical aspects of the Chinese antidumping law in a very pragmatic way, notably by providing actual instances of their application in the antidumping investigations conducted by the Chinese Ministry of Commerce (MOFCOM). This book is also very handy since it consolidates detailed statistics pertaining to Chinese antidumping proceedings since 1997 as well as all important legal texts including China's antidumping law and the 15 MOFCOM implementing provisions along with relevant legal interpretation. Readers will quickly discover that the book is thoroughly enriched with the thoughtful commentary and pertinent observations of its author. Having addressed and understood antidumping matters both from the public and private sector perspective, Xiaochen Wu provides a very unique and extensive analysis of the Chinese antidumping law and its practice. In sum, this work incorporates the essence of his personal experience as witnessed in the insightful examination of each antidumping provision and thoughtful reflections on complicated and exceptional situations which have come up in trade proceedings or which may very well arise in the not too distant future.


Antidumping

Antidumping
Author: Reem Raslan
Publisher: Kluwer Law International B.V.
Total Pages: 232
Release: 2009-09-21
Genre: Law
ISBN: 9041144803

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This book aims to examine the use of antidumping laws as “temporary adjustment” safety valves. That is, domestic industries suddenly exposed to international competition need some measures to help them cope with the new market conditions. The book is divided into six chapters: The introductory chapter first examines the definition of dumping and antidumping. it then evaluates antidumping regulation both at the national and WTO level; The second chapter reviews current WTO antidumping law; The third and fourth chapters look at the antidumping experience of two developing countries: Egypt and India. The fifth chapter examines how current competition law deals with the practice of dumping. Accordingly, price discrimination law and predatory pricing law of both major competition law jurisdictions, the US and the EU are examined. This chapter aims to answer the question of whether competition law in its current form can replace antidumping law; and Finally, the sixth chapter looks at economies of scale as barriers to effective competition.


Anti-dumping Laws and Practices of the New Users

Anti-dumping Laws and Practices of the New Users
Author: Junji Nakagawa
Publisher: Cameron May
Total Pages: 390
Release: 2007
Genre: Antidumping duties
ISBN: 1905017251

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More and more members of the WTO are using anti-dumping (AD) measures as an effective tool for protecting domestic industries facing competition with foreign products. In contrast to the 'big four' (US, EC, Canada and Australia), which have been using AD measures frequently since the GATT era, many of the new users established their AD regimes and began to use them after the establishment of the WTO. Why are there more and more new users? How are they applying AD measures? Do they comply with the rules of the WTO Anti- Dumping Agreement? What are their specific characteristics in the handling of AD cases? What should exporters and practitioners do to prepare for AD investigations by the new users? Based on extensive analyses of primary materials and hearings from practitioners and AD authorities, this book provides detailed and updated information to answer these questions on the following new users: China, Chinese Taipei, Korea, Thailand, India, South Africa, Mexico, Argentina, and Brazil.