Download or read book Guide to International Anti Dumping Practice written by Derk Bienen and published by Kluwer Law International B.V.. This book was released on 2013-09-01 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Antidumping Law and Practice written by John Howard Jackson and published by University of Michigan Press. This book was released on 1989 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars, economists, lawyers, and government officials debate American trade policy

Download or read book Antidumping in Law and Practice written by Raj Krishna and published by World Bank Publications. This book was released on 1997 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Anti dumping Law and Practice of China written by Xiaochen Wu and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Antidumping Law and Practice in the United States and the European Communities written by Edwin A. Vermulst and published by North Holland. This book was released on 1987 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Antidumping Measures Policy Law and Practice in India written by Sheela Rai and published by PartridgeIndia. This book was released on 2014-05 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Circumvention and Anti circumvention Measures written by Yanning Yu and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.

Download or read book EU Anti dumping Law and Practice written by Edwin A. Vermulst and published by . This book was released on 2010 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Anti-Dumping Law and Practiceprovides an overview of EU anti-dumping law and practice against the background of the international rules, notably the WTO Anti-Dumping Agreement. It takes an in-depth look at anti-dumping case law, examining how the principles of the law have worked in practice.

Download or read book Anti dumping and Countervailing Action written by Philip Bentley and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: ''. . . 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

Download or read book EU Anti Dumping and Trade Defence Law and Practice written by Edmond McGovern and published by Globefield Press. This book was released on 2018-06-08 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available in electronic format

Download or read book Antidumping written by Reem Raslan and published by Kluwer Law International B.V.. This book was released on 2009-09-21 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Antidumping Law and Its Practice written by Michael Man Ho Kwan and published by . This book was released on 1995 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Antidumping in Law and Practice written by Raj Krishna and published by . This book was released on 2016 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Antidumping Laws and the U S Economy written by Greg Mastel and published by Routledge. This book was released on 2016-09-16 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume reviews the goals, operation, and history of American antidumping laws coupled with a strategy for using those laws to promote U.S. trade policy and economic objectives in the post-Uruguay Round GATT talks.

Download or read book Anti Dumping Regulations and Practice in Nigeria written by Violet Aigbokhaevbo and published by African Books Collective. This book was released on 2022-09-16 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an attempt to examine the WTO/GATT anti-dumping regulations within the ambit of the peculiar developmental circumstances of developing countries with Nigeria in perspective. A combination of descriptive analysis and deductions are utilised with reference to the Nigerian experience, as a developing country seeking relevance in the global trading system where non-conforming states are regarded as pariahs. The non-availability of industries to cater for the needs of their populaces has rendered these countries viable global dumping ground for fake, substandard and adulterated products. The conclusion here that as far as developing countries are concerned, anti-dumping regulations as provided by GATT in Nigeria is akin to providing shoes for a man with no feet.

Download or read book Unfair Trade Practices written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade and published by . This book was released on 1978 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book EC and WTO Anti Dumping Law written by Wolfgang Mueller and published by OUP Oxford. This book was released on 2009-03-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical commentary addresses all aspects of the EC Anti-Dumping regulation and makes extensive comparison with WTO Anti-Dumping Law. The authors' positions at the Commission provides a unique insider expert insight.