Author: Derk Bienen Publisher: Kluwer Law International B.V. ISBN: 904114692X Category : Law Languages : en Pages : 736
Book Description
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.
Author: Judith Czako Publisher: Cambridge University Press ISBN: 9781139438889 Category : Law Languages : en Pages : 568
Book Description
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.
Author: Reem Anwar Ahmed Raslan Publisher: Kluwer Law International B.V. ISBN: 9041131280 Category : Law Languages : en Pages : 228
Book Description
This work examines the use of antidumping laws as 'temporary adjustment' safety valves: measures to help developing domestic industries suddenly exposed to International competition cope with the new market conditions.
Author: John Howard Jackson Publisher: University of Michigan Press ISBN: 9780472101641 Category : Dumping (International trade) Languages : en Pages : 534
Book Description
Scholars, economists, lawyers, and government officials debate American trade policy
Author: Ivo Van Bael Publisher: Kluwer Law International B.V. ISBN: 9041131175 Category : Law Languages : en Pages : 1396
Book Description
The authors [of this fifth edition] from the firm "Van Bael & Bellis" 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.
Author: Douglas A. Irwin Publisher: University of Chicago Press ISBN: 022639901X Category : Political Science Languages : en Pages : 873
Book Description
A Foreign Affairs Best Book of the Year: “Tells the history of American trade policy . . . [A] grand narrative [that] also debunks trade-policy myths.” —Economist Should the United States be open to commerce with other countries, or should it protect domestic industries from foreign competition? This question has been the source of bitter political conflict throughout American history. Such conflict was inevitable, James Madison argued in the Federalist Papers, because trade policy involves clashing economic interests. The struggle between the winners and losers from trade has always been fierce because dollars and jobs are at stake: depending on what policy is chosen, some industries, farmers, and workers will prosper, while others will suffer. Douglas A. Irwin’s Clashing over Commerce is the most authoritative and comprehensive history of US trade policy to date, offering a clear picture of the various economic and political forces that have shaped it. From the start, trade policy divided the nation—first when Thomas Jefferson declared an embargo on all foreign trade and then when South Carolina threatened to secede from the Union over excessive taxes on imports. The Civil War saw a shift toward protectionism, which then came under constant political attack. Then, controversy over the Smoot-Hawley tariff during the Great Depression led to a policy shift toward freer trade, involving trade agreements that eventually produced the World Trade Organization. Irwin makes sense of this turbulent history by showing how different economic interests tend to be grouped geographically, meaning that every proposed policy change found ready champions and opponents in Congress. Deeply researched and rich with insight and detail, Clashing over Commerce provides valuable and enduring insights into US trade policy past and present. “Combines scholarly analysis with a historian’s eye for trends and colorful details . . . readable and illuminating, for the trade expert and for all Americans wanting a deeper understanding of America’s evolving role in the global economy.” —National Review “Magisterial.” —Foreign Affairs
Author: Philippe De Baere Publisher: Cambridge University Press ISBN: 9781108423519 Category : Law Languages : en Pages : 500
Book Description
A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.
Author: Greg Mastel Publisher: M.E. Sharpe ISBN: 9780765603265 Category : Business & Economics Languages : en Pages : 242
Book Description
Using real world examples, case studies, economic analysis, and statistical examination, author Greg Mastel describes and analyzes the impact of dumping and the operation of antidumping laws in the steel, electronics, bearing, specialty steel, cement, and various agricultural industries, and makes the case that these laws have promoted the cause of free trade. The author also provides a detailed discussion of the implication of the new World Trade Organization (WTO) Antidumping Code for these laws and makes the case for continued aggressive use of antidumping laws. Book jacket.
Author: Brink Lindsey Publisher: Cato Institute ISBN: 1933995599 Category : Political Science Languages : en Pages : 245
Book Description
The U.S. antidumping law enjoys broad political support in part because so few people understand how the law actually works. Its rhetoric of “fairness” and “level playing fields” sounds appealing, and its convoluted technical complexities prevent all but a few insiders and experts from understanding the reality that underlies that rhetoric. CONNUM? CEP? FUPDOL? TOTPUDD? DIFMER? NPRICOP? POI? POR? LOT? Confused? You’re not alone. Even members of Congress, whose opinions shape the course of U.S. trade policy, are baffled by those devilish details. Antidumping Exposed book seeks to penetrate the fog of complexity that shields the antidumping law from the scrutiny it deserves. It offers a detailed, step-by-step guide to how dumping is defined and measured under current rules. It identifies the many methodological quirks and biases that allow normal, healthy competition to be stigmatized as “unfair” and punished with often cripplingly high antidumping duties. The inescapable conclusion is that the antidumping law, as it currently stands, has nothing to do with maintaining a “level playing field.” Instead, antidumping’s primary function is to provide an elaborate excuse for old-fashioned protectionism. The authors offer 20 specific proposals for reform of the World Trade Organization’s Antidumping Agreement. Their analysis and ideas should be of great interest to businesses, trade lawyers, and trade negotiators around the world.
Author: Derk Bienen
Author: Judith Czako
Author: Reem Anwar Ahmed Raslan
Author: J. M. Finger
Author: John Howard Jackson
Author: Ivo Van Bael
Author: Douglas A. Irwin
Author: Philippe De Baere
Author: Greg Mastel
Author: Brink Lindsey