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 736 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 Clashing Over Commerce written by Douglas A. Irwin and published by University of Chicago Press. This book was released on 2017-11-29 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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 Laws and the U S Economy written by Greg Mastel and published by M.E. Sharpe. This book was released on 1998 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book A Critique of Anti Dumping Laws written by Owais Hasan Khan and published by Cambridge Scholars Publishing. This book was released on 2018-10-12 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical analysis of anti-dumping laws enforced by the World Trade Organisation. Anti-dumping laws are the most debatable provisions of the WTO, which, though legally permitted, have a significant distorting effect on trade. They are also often used as a non-tariff barrier to trade in the form of regulatory protectionism. The book brings forth the philosophical, conceptual and practical flaws of international anti-dumping laws, and establishes a case for the repealing of such laws. Furthermore, it proposes the replacement of these laws with international competition law. In doing so, it also demonstrates the ascendancy of international competition law over anti-dumping laws, and discusses India’s take on anti-dumping laws and their incorporation in domestic regulations.

Download or read book Antidumping Exposed written by Brink Lindsey and published by Cato Institute. This book was released on 2003-10-25 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Anti dumping Laws and Practices of the New Users written by Junji Nakagawa and published by Cameron May. This book was released on 2007 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book EU Anti Dumping and Other Trade Defence Instruments written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2011-06-06 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: European trade defence law has expanded sufficiently in the last few years to require a new edition of this definitive work, last revised in 2004. As trade law practitioners and scholars have come to expect from the Brussels law firm Van Bael & Bellis, the fifth edition provides comprehensive, up-to-date analysis and critical commentary on EU trade defence instruments dealing with anti-dumping measures, countervailing measures, and safeguard measures, as well as measures under the Trade Barriers Regulation. It gives detailed attention to all EU cases and other developments at WTO level that have occurred up to December 2010. The emphasis throughout is on practical application of the rules. The authors 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. For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defence instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases to be introduced in March 2011 are taken fully into account. An extensive battery of tables and annexes leads the practitioner to all the essential primary source material in the field. As a detailed and practical commentary on the international trade legislation of the Union as actually applied by the Union Institutions, this is the preeminent work in the field. Lawyers and academics involved with trade contracts or disputes need have no doubt that it is still without peer as a guide to EU trade defence instruments.

Download or read book A Handbook on Anti Dumping Investigations written by Judith Czako and published by Cambridge University Press. This book was released on 2003-09-04 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

Download or read book The WTO Anti Dumping Agreement written by Philippe De Baere and published by Cambridge University Press. This book was released on 2021-08-31 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Rise of U S Antidumping Activity in Historical Perspective written by Douglas A. Irwin and published by International Monetary Fund. This book was released on 2005-02 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical studies of antidumping activity focus almost exclusively on the period since 1980. This paper puts recent U.S. antidumping experience in historical context by studying the determinants of annual case filings over the past half century. The conventional view that few antidumping cases existed prior to 1980 is not correct, although most did not result in the imposition of duties. The increased number of cases in recent decades largely reflects petitions that target multiple source countries; the number of imported products involved has actually fallen since the mid 1980s. The annual number of antidumping cases is influenced by the unemployment rate, the exchange rate, import penetration (closely related to the decline in average tariffs), and changes in the antidumping law and enforcement in the early 1980s.

Download or read book Business Guide to Trade Remedies in the United States written by International Trade Centre UNCTAD/WTO. and published by Business and the Multilateral. This book was released on 2006 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book World Trade Organization Agreement on Anti dumping written by K. D. Raju and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Regulation of International Trade written by Robert Howse and published by Routledge. This book was released on 2005-08-08 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Regulation of International Trade 2nd Edition introduces the rules and institutions that govern international trade. The authors base their analysis on aspects of the subject from classic and contemporary literature on trade and political economy. This new edition has been fully updated to take account of the most recent developments in International Trade. New issues covered include: trade and competition trade and labour rights the Multilateral Agreement on Investment the Basic Telecoms and Financial Services WTO Agreements an analysis of the first three years of WTO dispute rulings, including those of Appelate Body. Drawing on the success of the earlier edition, this comprehensive and up to date text will be an invaluable guide to students of economics, law, politics and international relations.

Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Antidumping written by J. M. Finger and published by University of Michigan Press. This book was released on 1993 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: A hard-hitting look at the way antidumping arguments are being used to undermine free trade