Download or read book Options to Improve the Trade Remedy Laws written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade and published by . This book was released on 1983 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trade Remedies written by Wade J. Lambert and published by Nova Science Pub Incorporated. This book was released on 2012-12-01 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States and many of its trading partners use laws known as trade remedies to mitigate the adverse impacts of various trade practices on domestic industries and workers. This book discusses congressional interest in trade remedy laws and describes legislation seeking to amend the laws. Also discussed are anti-dumping and countervailing duty laws, procedures, and investigations. U.S. safeguard statutes and investigative procedures are presented along with an appendix outlining all U.S. trade remedy status, major actors, and effects of these laws.
Download or read book Trade Remedies in North America written by Gregory Wells Bowman and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: and political underpinnings." --Book Jacket.
Download or read book Business Guide to Trade Remedies in the United States written by and published by United Nations Publications. This book was released on 2003 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is part of a series of guides containing information on trade remedy procedures (anti-dumping, countervailing and safeguards legislation and procedures) aimed at business managers, importers and exporters from developing countries and transition economies. It focuses on the United States, highlighting legal practice and the appropriate provisions of the relevant WTO Agreements, such as implementation of Article VI of the General Agreement on Tariffs and Trade 1994, WTO Agreement on Subsidies and Countervailing Measures, and WTO Agreement on Safeguards. Topics covered include: the origins of trade remedies; the procedural framework for US unfair trade remedies; trade remedy investigations and actions; intellectual property protection; verification; injury determinations; settlement of trade disputes; and the internet guide to US trade remedy law under Title VII and section 201.
Download or read book Business Guide to Trade Remedies in the European Community written by and published by Oxford University Press. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is part of a series of guides containing information on trade remedy procedures (anti-dumping, countervailing and safeguards legislation and procedures) aimed at business managers, importers and exporters from developing countries and transition economies. It focuses on the European Community, the largest market for many developing countries and transition economies and a frequent user of trade remedy measures. It highlights legal practice and the appropriate provisions of the relevant WTO Agreements. Topics covered include: the use of trade remedies; procedural aspects of anti-dumping and anti-subsidy investigations; and emergency action against imports safeguards.
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 Business Guide to Trade Remedies in the United States written by ITC. and published by . This book was released on 2010 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword -- Acknowledgements -- Note -- Scope of United States trade remedy laws -- Procedural framework for United States unfair trade remedies -- Anti-dumping duties: Comparing prices to determine dumping margins -- Anti-dumping duties: Analysing costs and determining constructed value -- Anti-dumping duties: Calculating dumping margins -- Special rules for non-market economies -- Countervailing duties: Measuring subsidies -- Safeguard measures: Global and China-specific restrictions on fair trade -- Section 337: Protecting intellectual property -- Section 301: Market access and trade policy issues -- Conducting verification -- Injury determinations -- Defending the Commission's preliminary investigation -- Defending the Commission final investigation -- Settlement of trade disputes -- Post-order issues -- Judicial and WTO review
Download or read book U S Trade Remedy Laws and Nonmarket Economies a Legal Overview written by Jeanne J. Grimmett and published by Createspace Independent Pub. This book was released on 2012-08-10 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two major U.S. trade remedies are antidumping (AD) law, which combats the sale of imported products at less than their fair market value, and countervailing duty (CVD) law, which aims to offset foreign government subsidization of imported goods. If dumped or subsidized imports are found to cause or threaten material injury to a domestic industry, antidumping or countervailing duties will be imposed. Both remedies are available when goods are imported from competitor countries with free market policies. As of 1984, however, only AD law had been applied to goods from nonmarket or “transitional” economies (NMEs). With the continued economic growth of some of these economies, such as China and Vietnam, pressure increased on the U.S. government to use both trade remedies more aggressively against unfair imports from these countries. AD law has been amended several times since its inception in 1921. With Congress's continued statutory guidance, the Department of Commerce (DOC) has implemented several different methodologies for applying AD law, including using surrogate country data when the fair market value of a product in the originating country is not readily ascertainable. CVD law had not been used against NMEs, however, since DOC concluded in 1984 that it could not determine subsidization in such situations. In 1986, the U.S. Court of Appeals for the Federal Circuit (CAFC), in Georgetown Steel Corp. v. United States, upheld DOC's interpretation of the CVD statute as reasonable. While DOC had generally refused to review CVD petitions against NME countries following this determination, it accepted a petition seeking a CVD on imports of coated free-sheet paper from China in 2006. DOC distinguished the current Chinese economy from the Soviet-style economies at issue in Georgetown Steel and found that the imported Chinese paper was subsidized. Although the U.S. International Trade Commission did not make the requisite final affirmative material injury determination in this case, subsequent CVD petitions were successful, resulting in the imposition of 24 CVD orders on NME merchandise. World Trade Organization (WTO) agreements, together with the WTO Accession Protocols of China and Vietnam, acknowledge that AD and CV duties may be imposed on these countries' goods, and that surrogate country data may be used to calculate dumping margins or subsidization. In a WTO case brought by China, however, the WTO Appellate Body found in an April 2011 report that the simultaneous imposition by the United States of AD and CV duties on the same Chinese merchandise, where surrogate country data was used to establish the fair market value of the goods in the AD case, remedied the same subsidization twice or “double counted” in violation of U.S. WTO obligations. More broadly, the CAFC held in December 2011 that CVDs may not be imposed on NME goods under any circumstance, finding in GPX Int'l Tire Corp. v. United States that Congress had legislatively ratified DOC's 1984 statutory interpretation and thus DOC could not interpret the statute to permit such duties. The CAFC affirmed a lower court decision that also prohibited DOC from imposing CVDs on NME goods, but did so because DOC had not eliminated double counting, the practice at issue in the WTO dispute. The Administration asked Congress to enact remedial legislation and, on March 5, 2012, requested that the CAFC rehear the GPX case. Congress responded quickly, enacting P.L. 112-99, signed March 13, 2012, which generally authorizes CVDs for NME goods, makes this authority effective as of November 20, 2006, and prospectively amends AD law to address double counting issues. The United States did not fully comply by the April 25 deadline in the case, however, and has agreed to facilitate any WTO compliance review requested by China. On May 9, 2012, the CAFC remanded the GPX case to the lower court to address constitutional issues stemming from the different effective dates in the new law.
Download or read book The Law and Economics of Contingent Protection in the WTO written by Petros C. Mavroidis and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case law of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field. Christoph Herrmann, Common Market Law Review Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone. Chad P. Bown, Brandeis University, US The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas. Michael Trebilcock, University of Toronto, Canada Trade barriers that are contingent on the existence of specific conditions dumping by, or subsidization of, exporters, and injury of domestic firms have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area. Bernard Hoekman, The World Bank, US In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal
Download or read book Trade Remedies written by Vivian Catherine Jones and published by Nova Science Publishers. This book was released on 2008 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfair foreign pricing and government subsidies distort the free flow of goods and adversely affect American business in the global marketplace. Import Administration, within the International Trade Administration of the Department of Commerce, enforces laws and agreements to protect U.S. businesses from unfair competition within the U.S. resulting from unfair pricing by foreign companies and unfair subsidies to foreign companies by their governments. Dumping occurs when a foreign producer sells a product in the United States at a price that is below that producer's sales price in the country of origin ("home market"), or at a price that is lower than the cost of production. The difference between the price (or cost) in the foreign market and the price in the U.S. market is called the dumping margin. Unless the conduct falls within the legal definition of dumping as specified in U.S. law, a foreign producer selling imports at prices below those of American products is not necessarily dumping. Foreign governments subsidise industries when they provide financial assistance to benefit the production, manufacture or exportation of goods. Subsidies can take many forms, such as direct cash payments, credits against taxes, and loans at terms that do not reflect market conditions. The statute and regulations establish standards for determining when an unfair subsidy has been conferred. The amount of subsidies the foreign producer receives from the government is the basis for the subsidy rate by which the subsidy is offset, or "countervailed", through higher import duties. If a U.S. industry believes that it is being injured by unfair competition through dumping or subsidisation of a foreign product, it may request the imposition of antidumping or countervailing duties by filing a petition with both Import Administration and the United States International Trade Commission. Import Administration investigates foreign producers and governments to determine whether dumping or subsidisation has occurred and calculates the amount of dumping or subsidies.
Download or read book WTO Trade Remedies in International Law written by Roberto Soprano and published by Routledge. This book was released on 2018-07-24 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.
Download or read book Trade Remedies for Global Companies written by Timothy C. Brightbill and published by American Bar Association. This book was released on 2006 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the most common forms of trade remedies law in the United States or in foreign companies (antidumping, countervailing duty, and safeguards) and provides guidance to corporate counsel on when and how to use such laws. The intent is to provide critical information such as the relevant agencies, contact information, general timing issues, and to focus attention on some of the key legal/economic points raised by the different types of proceedings.
Download or read book U S Trade Remedy Laws and Non Market Economies written by Jeanne J. Grimmett and published by . This book was released on 2012-05-09 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two major U.S. trade remedies are the anti-dumping (AD) law, which combats the sale of imported products at less than their fair market value, and the countervailing duty (CVD) law, which aims to offset foreign gov't. subsidization of imported goods. As of 1984, however, only the AD law had been applied to goods from non-market or "transitional" economies (NMEs). Contents of this report: AD Law and Non-market Economies; CVS Law and NMEs; Simultaneous Imposition of AD and CVD Orders on Same Nonmarket Economy Merchandise: Possible "Double Counting" of Subsidization; WTO Issues; Recent U.S. Judicial Decisions: CVDs May Not Be Applied to NME Country Goods. Illustrations. This is a print on demand report.
Download or read book WTO written by Rüdiger Wolfrum and published by BRILL. This book was released on 2008 with total page 1005 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.
Download or read book Fair Exchange written by C.D. Howe Institute and published by Toronto ; C.D. Howe Institute. This book was released on 1990 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade and investment increased dramatically in the 1980s as a result of innovations in information transfer and technology and the globalization of capital and many product markets. Because of these trends, mechanisms to resolve international trade disputes are becoming more judicial in nature, often including provision for third-party arbitration and adjudication. This desire for more legalistic ways to resolve trade disputes has also been influenced in many countries by the increasing role of market forces in the allocation of resources. The widespread use of trade remedy laws in the 1980s makes it clear that the current system of trade laws no longer serves a globalized economy. The contributors to this study assess critically the failings of the international trade law regime and offer some suggestions as to how the system can be reformed.
Download or read book Report on H R 4784 Trade Remedies Reform Act of 1984 written by and published by . This book was released on 1984 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Trade written by United States. General Accounting Office and published by . This book was released on 1988 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
