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Journal articles on the topic 'Anti-dumping policy'

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Published: 4 June 2021
Last updated: 30 May 2022

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1

Svendsen, Gert Tinggaard, and Jørgen Ulff-Møller Nielsen. "EU Lobbying and Anti-Dumping Policy." Journal of World Trade 46, Issue 1 (February 1, 2012): 187–211. http://dx.doi.org/10.54648/trad2012007.

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Lobbying in the EU is difficult to measure. It varies in intensity and modes of expression across different policy areas and EU countries. By looking at a specific EU policy area, this paper suggests to measure differences in the lobbying activity across EU countries by the combination of petitioning firms and Council voting in the case of anti-dumping (AD) policy. If the political position of countries in anti-dumping cases is influenced by domestic lobbying efforts, we expect that the empirical pattern of country distribution of petitioning firms in EU anti-dumping cases corresponds closely to the empirical pattern of EU country distribution in Council voting. Our results show a low petitioning intensity for anti-dumping investigations and a high voting intensity against anti-dumping measures in Northern Europe. Thus, it seems likely that domestic lobbying efforts have influenced the political position of countries in the special case of EU anti-dumping policy.
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2

Tivig, Thusnelda, and Uwe Walz. "Market share, cost-based dumping, and anti-dumping policy." Canadian Journal of Economics/Revue Canadienne d`Economique 33, no. 1 (February 2000): 69–86. http://dx.doi.org/10.1111/0008-4085.00005.

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3

Stegemann, Klaus. "Anti-Dumping Policy and the Consumer." Journal of World Trade 19, Issue 5 (October 1, 1985): 466–84. http://dx.doi.org/10.54648/trad1985051.

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4

Niels, Gunnar, and Adriaan ten Kate. "Anti-dumping Protection in a Liberalising Country: Mexico's Anti-dumping Policy and Practice." World Economy 27, no. 7 (July 2004): 967–83. http://dx.doi.org/10.1111/j.1467-9701.2004.00637.x.

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5

De Bièvre, Dirk, and Jappe Eckhardt. "Interest groups and EU anti-dumping policy." Journal of European Public Policy 18, no. 3 (April 2011): 339–60. http://dx.doi.org/10.1080/13501763.2011.551068.

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6

Holmes, Peter, and Jeremy Kempton. "EU anti‐dumping policy: A regulatory perspective." Journal of European Public Policy 3, no. 4 (December 1996): 647–64. http://dx.doi.org/10.1080/13501769608407058.

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7

Darmawan, Rizmawati, and Irawati. "Penerapan Kebijakan Anti-Dumping WTO sebagai Bentuk Tindakan Proteksi." Jurnal Riset Ilmu Hukum 1, no. 1 (October 26, 2021): 32–38. http://dx.doi.org/10.29313/jrih.v1i1.177.

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Abstract. Anti-dumping policy settings are clearly stated in the WTO - Agreement on Implementation of Article VI of The General Agreement on Tariffs and Trade 1994. The application of anti-dumping import duties as a protective measure is carried out by countries in order to protect their country’s economy. This policy can be applied when a country meets several criteria in the classification of proven dumping as stated in the Article VI GATT 1994. Therefore, this study aims to find out the implementation and provisions of anti-dumping policy based on Agreement on Implementation of Article VI of The General Agreement on Tariffs and Trade 1994. This research method uses normative juridical approach with two concepts of comparison approach and case approach. By using descriptive analysis research specifications and data collection techniques through literature study. The results of this study concluded that based on Article VI anti-dumping policy can be enforced if at the time of the investigation process indicated the existence of dumping, the existence of material losses experienced in the domestic industry that produces similar goods, and the existence of a causal relationship between dumping and damage Abstrak. Pengaturan kebijakan anti-dumping secara jelas tercantum dalam WTO - Agreement on Implementation of Article VI of The General Agreement on Tariffs and Trade 1994. Pemberlakuan bea masuk anti-dumping sebagai tindakan proteksi dilakukan oleh negara-negara guna melindungi perekonomian negaranya. Kebijakan ini dapat diberlakukan ketika suatu negara memenuhi beberapa kriteria dalam klasifikasi terbukti adanya dumping yang tercantum dalam Article VI GATT 1994. Oleh karena itu penelitian ini bertujuan untuk mengetahui implemtasi dan ketentuan kebijakan anti-dumping berdasarkan Agreement on Implementation of Article VI of The General Agreement on Tariffs and Trade 1994. Metode penelitian ini menggunakan pendekatan yuridis normatif dengan dua konsep pendekatan perbandingan dan pendekatan kasus. Menggunakan spesifikasi penelitian deskriptif analisis dan teknik pengumpulan data melalui studi kepustakaan. Hasil penelitian ini menyimpulkan bahwa berdasarkan Article VI kebijakan anti-dumping dapat diberlakukan apabila pada saat proses investigasi terindikasi adanya dumping, adanya kerugian material yang dialami pada industri dalam negeri yang memproduksi barang sejenis, dan adanya hubungan sebab akibat antara dumping dan kerusakan.
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8

Bohanes, Jan. "Developing WTO Members as Users and Targets of Anti-dumping Policy." Global Trade and Customs Journal 16, Issue 10 (October 1, 2021): 531–36. http://dx.doi.org/10.54648/gtcj2021063.

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For most of the General Agreement on Tariffs and Trade (GATT) 1947 era, the use of anti-dumping duties was typically limited to a small circle of developed countries. However, starting with the final years of the GATT 1947 era and especially in the WTO era, there has been a considerable expansion in the use of anti-dumping measures in general, and especially by developing countries. Today, developing countries represent the majority of both users and targets of anti-dumping measures. Like developed country users, developing countries have imposed many measures against exporters from other developing countries. The article discusses these trends and the underlying detailed statistics. The article concludes that anti-dumping policy is an integral part of the modern international trade policy landscape, and that the significant and increasing involvement of developing countries both as users and targets gives rise to an increased need for technical capacity on their part. Trade remedies, anti-dumping, safeguards, countervailing duties, developing countries, Advisory Centre on WTO Law (ACWL), users, targets
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9

Issabekov, Nurlybek, and Adam Mateusz Suchecki. "Analysis Of The EU Anti-dumping Policy In Terms Of The Revealed Comparative Advantages." Comparative Economic Research. Central and Eastern Europe 19, no. 5 (March 30, 2017): 43–61. http://dx.doi.org/10.1515/cer-2016-0037.

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Anti-dumping policy is an important instrument of trade policy as far as protecting markets against dishonest practices of foreign suppliers is concerned and it is compliant with international regulations such as e.g. these set by the World Trade Organisation. Generally, dumping concerns exporting commodities at lower prices than a selling price of commodities (so-called normal value). Anti-dumping policy uses appropriate preventive means against dishonest practices in a situation when:- commodity was brought to customs territory of an importing country at dumping prices,- import inflicted damage (or threatens to do it) to importing country’s industry. The first principles of anti-dumping policy were formulated in 1964 at the United Nations Conference and Development UNCTAD. The agreement was signed by 194 countries, including Poland. A similar agreement was also signed by the European Union countries. One of the types of agreements is tariff agreements in which a tool used as a system of cataloguing commodities in international trade is so-called Combined Nomenclature (CN). The system is used in customs proceedings and for registration needs. Anti-dumping proceedings also use HS classification system formulated by the World Customs Organization. The aim of the paper is to determine the proportion of goods covered by anti-dumping proceedings in the value of import conducted by the European Union between 1995–2012. In the empirical research the eight-digit commodity codes CN8 were used as well as HS2 codes that allow grouping imported commodities covered by anti-dumping proceedings by their manufacturing divisions. In that way a determined classification of commodities was used to describe a comparative advantage. To conduct assessment the modified Ballasa index (Bi) and Grupp/Legler index were used. The result of conducted analysis is determination of groups of commodities that are crucial for export of a given country.
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10

Weidemann, Rolf. "The anti-dumping policy of the European Communities." Intereconomics 25, no. 1 (January 1990): 28–35. http://dx.doi.org/10.1007/bf02924757.

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11

Harpaz, Marcia Don. "China’s WTO Compliance-Plus Anti-dumping Policy." Journal of World Trade 45, Issue 4 (August 1, 2011): 727–66. http://dx.doi.org/10.54648/trad2011025.

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Is China complying with its World Trade Organization (WTO) anti-dumping (AD) commitments? The strong import competition created by the rapid opening of China's domestic market and the continued state involvement in its industry could conceivably generate domestic pressure on the Chinese government to use AD measures intensively and possibly illegally. Moreover, since its exports are a primary global target of AD actions, China might be expected to retaliate by levying questionable AD measures on imports. Despite factors conducive to a more protectionist bias and possible non-compliance, I argue that China is not only complying with AD rules but also demonstrating domestic restraint, and to a certain extent, a pro-liberalization interpretation of the rules. This policy along with China's Doha Round negotiating proposals on AD suggests what is characterized in this article as a compliance-plus policy. The fact that China has chosen to pursue such a policy is not trivial, taking into account the more protectionist paths taken by other key WTO members. On a broader level, this case study aims at contributing to the contemporary debate regarding China's changing role in the global arena. By complying with WTO rules, China is demonstrating that it is accepting, following, and becoming increasingly vested in their maintenance.
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12

Alhayat, Aditya Paramita. "EFEKTIVITAS TINDAKAN ANTI DUMPING INDONESIA 1996-2010." Buletin Ilmiah Litbang Perdagangan 8, no. 2 (December 31, 2014): 247–68. http://dx.doi.org/10.30908/bilp.v8i2.95.

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Penelitian ini bertujuan untuk mempelajari secara empiris dampak tindakan anti-dumping Indonesia terhadap kinerja impor produk terkait pada periode 1996-2010. Dengan menggunakan model regresi Lee, Park, dan Cui yang dikembangkan pada tahun 2013 ,dampak tindakan anti-dumping dapat dibedakan menjadi efek restriksi dan efek pengalihan perdagangan. Hasil empiris menunjukkan bahwa tindakan anti-dumping tidak efektif dalam memberikan efek restriksi perdagangan dari negara yang menjadi target anti-dumping. Bahkan, impor dari negara yang bukan menjadi target anti-dumping meningkat secara definitif pada tahun ditetapkannya anti-dumping. Secara agregat, efek netto restriksi dan pengalihan perdagangan terbukti mampu menekan impor pada periode investigasi anti-dumping, namun pada periode sesudahnya impor kembali meningkat. Penelitian ini merekomendasikan agar pemerintah mempertimbangkan instrumen kebijakan tindakan pengamanan perdagangan lain yang dapat menekan impor dengan lebih efektif dan bersifat jangka panjang. This study aims to investigate the effects of Indonesia’s anti-dumping actions on import performance of related products during 1996-2010. Utilizing the Lee, Park, dan Cui regression model developed in 2013, the effects of anti-dumping actions can be distinguished into two effects, namely trade restriction and trade diversion. The study shows that anti-dumping measures are not effective in providing trade restriction effect to the targeted countries. In fact, imports from non-targeted countries definitively increased in the year when anti-dumping measures was being set up. The net effects of anti-dumping action are proven to reduce imports during the investigation period, but imports continued to rise afterwards. The study recommends the government to consider other trade remedies policy which could give significant and long term trade restriction effect.
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13

Tharakan, P. K. M., Edwin Vermulst, and Joe Tharakan. "Interface Between Anti-dumping Policy and Competition Policy: A Case Study." World Economy 21, no. 8 (November 1998): 1035–60. http://dx.doi.org/10.1111/1467-9701.00180.

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14

Davis, Lucy. "Ten Years of Anti-dumping in the EU: Economic and Political Targeting." Global Trade and Customs Journal 4, Issue 7/8 (July 1, 2009): 213–32. http://dx.doi.org/10.54648/gtcj2009027.

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Anti-dumping is at the heart of EU trade policy. Its use is justified on the grounds of eliminating injurious dumping by foreign firms and reestablishing conditions of ‘fair’ trade. Use of anti-dumping has been rising globally, generating concerns about the potential for protectionist abuse of this trade defence instrument (TDI). Most economists are of the opinion that anti-dumping has little to do with ‘unfair’ trade. In general, suspicions are high that domestic industries are turning to anti-dumping as a form of protectionism, and that the EU’s current anti-dumping laws support their efforts. This article takes an in-depth look at the past ten years of anti-dumping usage in the EU. The analysis draws on information from the 332 anti-dumping cases initiated between 1998 and 31 December 2008. Five empirical tendencies have been identified: (1) the main targets of investigations and measures are exporters in emerging markets, particularly in Asia – a growing source of global competition; (2) targeted products are concentrated in sectors where European comparative advantage is declining, that is, raw materials, industrial input goods, and textiles; (3) dumping margins reflect this pattern, being particularly high in the chemicals and steel sectors; (4) duty levels are significantly higher than bound tariffs, particularly in the higher end technology sector; (5) once an anti-dumping investigation has been initiated, definitive measures are the most likely outcome.
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15

Ketterer, Tobias D. "EU Anti-dumping and Tariff Cuts: Trade Policy Substitution?" World Economy 39, no. 5 (August 14, 2015): 576–96. http://dx.doi.org/10.1111/twec.12305.

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16

Grimwade, Nigel. "Anti-Dumping Policy after the Uruguay Round—an Appraisal." National Institute Economic Review 155 (February 1996): 98–105. http://dx.doi.org/10.1177/002795019615500107.

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In December, 1993, the round of multilateral trade negotiations known as the Uruguay Round was at last successfully concluded, seven years after it was launched at Punta del Este in Uruguay and three years later than it was scheduled to finish. This was the eighth and, almost certainly, the last round of GATT which is likely to take place on a similar basis. Up until the last minutes, it was uncertain whether any agreement would emerge. The final agreement was formally signed by the contracting parties at a gathering of Heads of State at Marrakech, Morocco and amidst great fanfare in April 1994. On January lst, 1995, the provisions of the Agreement took effect, including the establishment of the World Trade Organisation (WTO) as the successor to the GATT.
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17

BOWN, CHAD P., and JASPER WAUTERS. "United States – Anti-Dumping Measures on Oil Country Tubular Goods (OCTG) from Mexico: a legal-economic assessment of sunset reviews." World Trade Review 7, no. 1 (January 2008): 269–98. http://dx.doi.org/10.1017/s1474745607003576.

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AbstractThis paper reviews the WTO Appellate Body Report on United States – Anti-Dumping Measures on Oil Country Tubular Goods (OCTG) from Mexico (WT/DS282/AB/R 2 November 2005). This dispute concerns the disciplines imposed by the Anti-Dumping Agreement on WTO Members seeking to extend their anti-dumping measures beyond the original five-year period through a so-called sunset review. Our analysis focuses on the Appellate Body's finding in this case that no causation analysis is required in sunset reviews, and addresses the AB's approach towards the legal instrument that provides for the US policy in terms of sunset reviews, the Sunset Policy Bulletin. We conclude that the Anti-Dumping Agreement, as interpreted by the Appellate Body in this and other similar cases, imposes only minimal disciplines of a general nature on Members wishing to extend the anti-dumping measure beyond its original five-year period. We argue that the ‘textual’ argument relied on to support this deferential approach is weak and has resulted in undermining the practical effect of, what was considered to be, one of the major achievements of the Uruguay Round Anti-Dumping Agreement: limiting the life span of an anti-dumping measure to five years. From an economic perspective, Panels and the Appellate Body are simply debating the wrong type of questions. The prospective nature required by a sunset review analysis raises questions such as why exporters engaged in dumping in the first place, and what the conditions of the industry were so that the dumped imports caused injury. At the moment, sunset reviews seem adrift as panels and the Appellate Body fail to give guidance to Members on how to do a more economically sound and informed review.
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18

Rukminf, Wara Agustina, and Ferry Irawan. "Kebijakan Anti Dumping dan Trade Deflection: Studi Kasus Synthetic Staple Fibre Polyester (PSF)." Jurnal Ekonomi dan Pembangunan Indonesia 10, no. 1 (July 1, 2009): 35–52. http://dx.doi.org/10.21002/jepi.v10i1.106.

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Abstract. This research empirically examines whether a country's anti dumping policy can distort export of another country to third markets. This research tries to explore about trade deflection of Indonesia's export on Synthetic Staple Fibre Polyester (PSF) HS 550320 to non-European Union as the result of European Union's (EU) anti dumping policy on Indonesia. This research uses panel data model (fixed effects) and 20 countries (non-European Union) of Indonesia's PSF export during ten years (1996-2005). We find evidence that trade deflection for Indonesia's export on Synthetic Staple Fibre Polyester (PSF) HS 550320 occurred. Because of European Union had imposed anti dumping duty on Indonesia, Indonesia's export to nonEuropean Union had increased ranged from 25 percent to 44 percent. This result shows that dumping duty from European Union does not fully carry out negative effect for Indonesia, furthermore thisphenomena can be used as ”early warning” for Indonesia both for case of Indonesia as exporting country or third countries.
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19

Sibanda Sr., Omphemetse S. "Public Interest Considerations In The South African Anti-Dumping And Competition Law, Policy, And Practice." International Business & Economics Research Journal (IBER) 14, no. 5 (August 24, 2015): 735. http://dx.doi.org/10.19030/iber.v14i5.9376.

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The paper addresses the delicate issue of public interest considerations when determining anti-dumping, competition, and investment measures to balance it with the interest of other interested parties in South Africa. It is particularly argued that the South African anti-dumping legislation must be amended as to clearly mandate the consideration of public interest when imposing an anti-dumping (or safeguard measure). Also, it is argued that the foreign direct investment regime must take into account policy considerations such as black economic empowerment in the public interest. The South Africas competition legislation will be used as an example of the level of convergence that may be achieved having regard to the non-competition factors incorporated in the legislation and potential or perceived difficulties in reconciling a competition analysis with a public interest analysis.
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20

Alfaqiih, Abdurrahman. "THE POSIBILITY IMPACTS OF FREE FLOW OF GOODS IN ASEAN ECONOMIC COMMUNITY ON INDONESIA ANTI DUMPING ACTIONS." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 27, no. 3 (February 10, 2016): 487. http://dx.doi.org/10.22146/jmh.15873.

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One of the top aims of ASEAN Economic Community (AEC) establishment is to create trade that is free from any kind of barriers. Nonetheless, not every country could follow the wave of free trade without imposing protection assessment such anti-dumping measures. This paper tries to identify the possibility impacts of free flow of goods scheme on the use of anti­dumping in Indonesia. By imposing content analysis, this paper concludes that the possible effects tend to be increase or decrease the use of anti dumping actions; and the possibility of elimination of anti-dumping measures and replacement with competition policy. Salah satu tujuan utama dari pembentukan Masyarakat Ekonomi ASEAN (MEA) adalah menciptakan perdagangan yang bebas dari hambatan. Namun demikian, tidak semua negara dapat mengikuti gelombang perdagangan bebas tanpa menerapkan kebijakan perlindungan dalam negeri seperti ketentuan anti-dumping. Tulisan ini mencoba untuk mengidentifikasi kemungkinan efek dari peredaran barang yang bebas dalam (MEA) terhadap penggunaan kebijakan anti-dumping di Indonesia. Dengan menggunakan analisis isi, tulisan ini menyimpulkan bahwa kemungkinan efek tersebut dapat menjadikan penggunaan kebijakan anti-dumping di Indonesia meningkat atau menurun, dan juga kemungkinan penghilangan kebijakan antidumping serta menggantikannya dengan kebijakan persaingan usaha.
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21

Yarrow, George. "ECONOMIC ASPECTS OF ANTI-DUMPING POLICIES." Oxford Review of Economic Policy 3, no. 1 (1987): 66–79. http://dx.doi.org/10.1093/oxrep/3.1.66.

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22

Kwon, Gi-Heon. "Institutional Structures and Dynamics in the Policy-making Process: Hyundai and the Canadian Anti-Dumping Case." Korean Journal of Policy Studies 9 (December 31, 1994): 51–66. http://dx.doi.org/10.52372/kjps09004.

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This article presents a case which involves interesting conflicts between Gened Motors of Canada Ltd. and Ford Motor Co. of Canada Ud. on one side, and Hyundai on the other in the Canadian auto market. The case also involves the trade and diplomatic relationships between South Korea and Canada. It shows how the cleavages within a liberal government can be strategically exploited by a small corporation; Hyundai was successful in using the various cleavages within the Canadian government. Information also plays an important role. In the joint and interactive decision-making processes, information helps to correct a potential market failure which may occur if private actors act solely based on their own perceptions. Without the information from the public sector, Hyundai could not have mapped out its active strategy.
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23

O'Connor, Bernard. "Statistics, Anti-dumping and the Emperor’s New Clothes." Global Trade and Customs Journal 4, Issue 7/8 (July 1, 2009): 233–38. http://dx.doi.org/10.54648/gtcj2009028.

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ECIPE Working Paper No. 02/2009 on ‘Ten years of anti-dumping policy in the European Union (EU)’ has raised a number of interesting issues. It identifies five tendencies based on an empirical examination of the anti-dumping statistics over the past ten years. One tendency identified is that the products targeted by EU anti-dumping actions ‘are concentrated in sectors where European comparative advantage is declining that is, raw materials, industrial input goods and textiles’. This particular tendency cannot be deduced from the paper itself. In addition, if this tendency is removed, the other tendencies do not seem to show much need for the concerns expressed. They are merely the usual consequences of normal anti-dumping procedures. Thus, the paper’s conclusion that there is a tendency of ‘targeting fair and legitimate market competitors from abroad through anti-dumping protectionism’ is not shown in the paper either. Like many conclusions based on statistics, the paper fails to exclude, or even examine, other possible causes of the supposed trends identified. Nor does it show why a normal aspect of anti-dumping, such as the fact that the duties imposed are higher than bound duties, is disquieting or even remarkable in any way. In addition, the statistics cited appear to contain factual errors. This note is a brief commentary on the ECIPE anti-dumping paper. Its purpose is to highlight some of the problems in the approach taken. It shows that the statistical examination of the last ten years of EU anti-dumping practice does not support the bullet points set out in the paper’s abstract section or the conclusions themselves.
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24

Juramy, Hélène. "Anti-Dumping in Europe: What About Us(ers)?" Global Trade and Customs Journal 13, Issue 11/12 (December 1, 2018): 511–18. http://dx.doi.org/10.54648/gtcj2018059.

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As Anti-Dumping law in the European Union turned fifty years old, it got a rejuvenating cure: the European Union published in December 2017 and June 2018 two regulations providing a stronger policy tool to protect European producers and workers. This article focuses on users, including both intermediate industries and consumers. First, it recalls the European approach of considering users in trade defence policy, as a moderate user of trade defence tools. Second, it reviews the three ways in which the European Union takes into account users’ interests, and the impact of the June 2018 modernization. Notably, this article looks at the new flexibility of the ‘lesser duty rule’ and at the two new ‘Union interest tests’. It also gives practical insights for users. Third, the article raises some open questions. As the lesser duty rule and the Union interest test evolve, this article argues that users’ interests remain an important feature in Europe’s anti-dumping law.
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25

Alhayat, Aditya Paramita. "KETIDAKEFEKTIFAN KEBIJAKAN ANTI-DUMPING PRODUK IMPOR BAJA INDONESIA: SEBUAH ANALISIS AWAL." Buletin Ilmiah Litbang Perdagangan 11, no. 2 (December 31, 2017): 143–68. http://dx.doi.org/10.30908/bilp.v11i2.230.

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Meskipun Indonesia telah mengenakan tindakan anti-dumping terhadap beberapa jenis produk baja, namun impor produk tersebut masih meningkat. Salah satu kemungkinan penyebabnya adalah importasi melalui produk yang dimodifikasi secara tidak substansial atau melalui negara ketiga yang tidak dikenakan tindakan anti-dumping, yang dalam perdagangan internasional umum disebut sebagai praktik circumvention. Studi ini ditujukan untuk membuktikan bahwa circumvention mengakibatkan tindakan anti-dumping atas impor produk baja Indonesia tidak efektif dan untuk memberikan masukan berdasarkan praktik di negara lain supaya kebijakan anti-dumping Indonesia lebih efektif. Circumvention dianalisis dengan membandingkan pola perdagangan antara sebelum dan setelah pengenaan bea masuk anti-dumping (BMAD) menggunakan data sekunder dari Badan Pusat Statistik (BPS) maupun Global Trade Information Services (GTIS). Hasil analisis menunjukkan adanya indikasi kuat bahwa circumvention mengkibatkan pengenaan tindakan anti-dumping impor produk baja di Indonesia menjadi tidak efektif. Oleh karena itu, sangat penting bagi Pemerintah Indonesia untuk segera melakukan penyempurnaan terhadap Peraturan Pemerintah No. 34/2011 tentang Tindakan Antidumping, Tindakan Imbalan, dan Tindakan Pengamanan Perdagangan dengan memasukkan klausul tindakan anti-circumvention yang setidaknya mencakup bentuk-bentuk dan prosedur tindakan, sebagaimana yang telah dilakukan beberapa negara seperti: AS, EU, Australia, dan India. Although Indonesia has imposed anti-dumping measures on several types of steel products, the import of steel products is still increasing. One possible cause is that imports are made by non-substantial modification of product or through a third country which is not subject to anti-dumping measures, which is generally referred as circumvention practice. This study is aimed to prove that circumvention made Indonesian anti-dumping actions on the steel products ineffective. This also study provides recommendation for a best practice for other countries so that Indonesia's anti-dumping policy can be more effective. Circumvention was analyzed by comparing trade patterns between before and after the imposition of anti-dumping duty using secondary data from the Central Bureau of Statistics (BPS) and the Global Trade Information Services (GTIS). The results of the analysis indicate that circumvention became the reason why Indonesian anti-dumping measures on imported steel products are ineffective. Therefore, it is very important for the Government of Indonesia to immediately make amendments to the Government Regulation No. 34/2011 on Antidumping, Countervailing, and Safeguard Measures by adopting clauses of anti-circumvention. This can be done bycovering the forms/types and procedures of action, as has been implemented by several countries such as the US, EU, Australia, and India.
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Kanas, Vera, and Carolina Müller. "The New Brazilian Anti-Dumping Regulation: A Balance of the First Years." Global Trade and Customs Journal 12, Issue 11/12 (December 1, 2017): 462–68. http://dx.doi.org/10.54648/gtcj2017061.

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In 2013, Brazil issued a new anti-dumping regulation: Decree 8058/2013. The new rules came under a context of enhancement of the trade remedies system, in the scope of an industrial policy that aimed to protect the domestic production against imports. Since then, Brazilian public policies changed significantly, becoming more focused on seeking new markets for exports instead of protecting the domestic market. Nonetheless, the new anti-dumping law has changed permanently the trade remedies system in Brazil. This article reviews developments in the modernization of Brazil’s anti-dumping law. What it means for companies using the law or subject to it is important. Here are the key things you need to know. First, the new anti-dumping legislation was designed to encourage full participation by the exporters, providing for a mandatory lesser duty benefit for cooperating exporters, and for several opportunities of defence. Second, the new legislation provides for a detailed administrative process, involving deadlines applicable to the interested parties and to the investigating authority, with the purpose of expediting the process. Third, although the Brazilian law provides for several kinds of reviews, some of them were not used yet. Finally, anti-dumping duties may be suspended due to public interests, normally after an administrative procedure for this end.
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Van Vaerenbergh, Pieter, and Philipp Reinhold. "Significant Distortions Under Article 2(6a) BADR: Three Years of Commission Practice." Global Trade and Customs Journal 16, Issue 5 (May 1, 2021): 193–202. http://dx.doi.org/10.54648/gtcj2021021.

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The EU’s autonomous trade policy has recently been updated to increase its resilience and to seek to establish a level playing field. Already in 2017 and 2018, anti-dumping law was reformed for this purpose. The 2017 reform introduced a new exception to the primary method for determining normal value. According to the new Article 2(6a) of the Basic Anti-Dumping Regulation, the actual sales price in the exporting country is to be rejected if there are ‘significant distortions’. Whereas much has been written about whether this new methodology is compatible with WTO law, this article analyses how this provision has been applied by the European Commission during the first three years since its introduction. Anti-Dumping, Significant Distortions, State Capitalism, European Commission, Constructed Normal Value, Third Country, Input Prices, China, Russia, Trade Defence
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28

Wilson, Kenneth, and Donald Feaver. "An Evaluation of Australia's Anti-Dumping and Countervailing Law and Policy." Journal of World Trade 29, Issue 5 (October 1, 1995): 207–37. http://dx.doi.org/10.54648/trad1995037.

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29

PRUSA, THOMAS J., and EDWIN A. VERMULST. "United States – Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China: Nails in the Coffin of Unfair Dumping Margin Calculation Methodologies." World Trade Review 18, no. 2 (March 14, 2019): 287–307. http://dx.doi.org/10.1017/s1474745619000053.

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AbstractThe WTO Appellate Body report United States – Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China is yet another in a long line of disputes involving US Department of Commerce's dumping margin calculation methodologies. The AB ruled against the United States on three important aspects: (1) the use of the Nails test to rationalize the exceptional method in Article 2.4.2 of the Anti-Dumping Agreement so as to justify using the weighted average-to-transaction methodology in dumping margin calculations; (2) the treatment of multiple companies in a non-market economy as a single NME-wide entity; and (3) the USDOC's policy of using adverse facts available for such an entity. Yet, some aspects of the AB's decision – most notably affirming the use of average prices – significantly weaken Article 2.4.2's pattern requirement and potentially open the door to greater use of the exceptional method.
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30

Saluste, Maarja. "Rules of Origin and the Anti-Dumping Agreement." Global Trade and Customs Journal 12, Issue 2 (February 1, 2017): 54–63. http://dx.doi.org/10.54648/gtcj2017010.

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This article analyses the position and the legal effect of the Agreement on Rules of Origin (ARO) during the harmonization work programme (HWP) and after, with a focus on Article 1 of the ARO and the application of anti-dumping duties. Article 1 of the ARO lists various non-preferential commercial policy instruments where rules of origin play a crucial role. This includes the application of anti-dumping duties. The Members of the World Trade Organization (WTO) should have harmonized rules of origin in their legislation since 1998. However, the HWP is still on hold and has not been finalized. Often it is said that the application of anti-dumping duties is the reason why HWP is not concluded. Members of the WTO also argue whether non-preferential rules of origin are at all necessary. The focus has shifted away from non-preferential rules of origin, because of the proliferation of free trade agreements. However, this should not be the case as Article 1 of the ARO and the rules applicable during the transition period create specific obligations to WTO Members that should eliminate the questions Members raise to block harmonization of rules of origin.
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31

Khan, Kishwar, and Sarwat Aftab. "Uruguay Round Agreement: The Interface Between Anti-Dumping and Competition." LAHORE JOURNAL OF ECONOMICS 5, no. 1 (January 1, 2000): 61–71. http://dx.doi.org/10.35536/lje.2000.v5.i1.a3.

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All the provisions of the Uruguay Round Agreements have a bearing upon competition policy, since the international framework governing trade determines the extent of competition in the national markets. Apart from the fundamental provisions of GATT Articles I (MFN treatment), III (National Treatment) and X (Transparency), there are numerous specific WTO provisions which are relevant in varying degrees to competition
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32

CROWLEY, MEREDITH A., and JENNIFER A. HILLMAN. "Slamming the Door on Trade Policy Discretion? The WTO Appellate Body’s Ruling on Market Distortions and Production Costs in EU–Biodiesel (Argentina)." World Trade Review 17, no. 2 (April 2018): 195–213. http://dx.doi.org/10.1017/s1474745617000581.

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AbstractThis paper presents a legal–economic analysis of the Appellate Body's decision in EU–Biodiesel (Argentina) that the WTO's Anti-Dumping Agreement (ADA) does not permit countries to take into account government-created price distortions of major inputs when calculating anti-dumping duties. In this case, the EU made adjustments to the price of biodiesel's principal input – soybeans – in determining the cost of production of biodiesel in Argentina. The adjustment was made based on the uncontested finding that the price of soybeans in Argentina was distorted by the existence of an export tax scheme that resulted in artificially low soybean prices. The Appellate Body found that the EU was not permitted to take tax policy-induced price distortions into account in calculating dumping margins. We analyze the economic rationale for Argentina's export tax system, distortions in biodiesel markets in Argentina and the EU, and the remaining trade policy options for addressing distorted international prices. We also assess whether existing subsidies disciplines would be more effective in addressing this problem and conclude that they would not.
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33

Serences, Roman, and Dagmar Kozelova. "Dumping – Unfair Trade Practice." SHS Web of Conferences 92 (2021): 06033. http://dx.doi.org/10.1051/shsconf/20219206033.

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Research background:The Globalisation gradually has removed the protection that has existed to protect producers against unfair trade practices. Existence of imperfect competition within an international trade is presented by descending curve of average costs while increasing economies of scale; it often leads some producers not to adjust the price in relation to the marker. In this case, we speak about dumping.Purpose of the article:The article deals with dumping issue – an unfair trade practice analysing EU trade policy including antidumping, related Slovak legislation, price discrimination and dumping model.Methods:From a methodological point of view, the article is divided into four parts; description of trade policy, antidumping and its legislation, price discrimination and dumping model. Methods of synthesis, critical thinking and graphical analysis were used.Findings & Value added:In practice, accounting of different prices to the various consumers is called a price discrimination. The most common type of price discrimination in foreign trade is a dumping. It is a price practice when a company accounts lower price for exported goods compared to the same goods sale at home. World Trade Organization (WTO) allow counter such injury via trade defence instruments (TDIs). The EU TDIs are appropriate to tackle new challenges to international trade, because the Commission had done to modernise the EU’s basic Anti-Dumping (AD) Regulations.
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34

Li, Ye. "Normal Value in Anti-Dumping Proceedings: Is Surrogate Value No Longer Applied Exceptionally?" Global Trade and Customs Journal 13, Issue 10 (October 1, 2018): 435–41. http://dx.doi.org/10.54648/gtcj2018047.

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The WTO Anti-Dumping Agreement provides the general rule on the determination of normal value and the exception which allows investigating authorities to disregard the cost records reported by the respondents in anti-dumping proceedings provided that certain conditions are satisfied. This article visits the recent development of the practices of investigating authorities of the EU, the US and China, noting that the exception rule has been increasingly employed by these authorities that use surrogate values to replace actually incurred costs reported by respondents in different manners and as a result inflate the dumping margin. This article also examines the WTO consistency of these practices in view of the Appellate Body ruling in EU – Biodiesel. This article finds that these practices driven by strong policy considerations are arguably WTO-inconsistent as applied, and will encourage other WTO members to do the same. This tendency is very concerning.
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35

Tan, Kaibo, and Aidong Liu. "Countermeasures and Key Technologies of Port Economic Development under Anti-dumping Policy." Journal of Coastal Research 103, sp1 (June 23, 2020): 11. http://dx.doi.org/10.2112/si103-003.1.

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36

Veugelers, Reinhilde, and Hylke Vandenbussche. "European anti-dumping policy and the profitability of national and international collusion." European Economic Review 43, no. 1 (January 1999): 1–28. http://dx.doi.org/10.1016/s0014-2921(97)00128-1.

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37

Morgan, Clarisse. "Competition Policy and Anti-Dumping-Is it Time for a Reality Check?" Journal of World Trade 30, Issue 5 (October 1, 1996): 61–88. http://dx.doi.org/10.54648/trad1996038.

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38

Lasagni, Andrea. "Does Country-targeted Anti-dumping Policy by the EU Create Trade Diversion?" Journal of World Trade 34, Issue 4 (August 1, 2000): 137–60. http://dx.doi.org/10.54648/273729.

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39

Choi, Chong Ju. "Product Origin and Anti-Dumping: Europe versus Japan and Korea." Journal of Interdisciplinary Economics 4, no. 4 (July 1992): 331–39. http://dx.doi.org/10.1177/02601079x9200400404.

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The purpose of this paper is to analyze from a law and economics perspective, two issues that have become increasingly prominent in Europe and East Asian relations. The first is that of product origin, and includes the issue of Japanese automobile “transplants” in Europe. The second is that of the European Community’s recent new legislation on “unfair” trading practices in services, which can also be seen as a type of anti-dumping policy towards services; a Korean company has been the first to suffer from this new legislation. In our paper, we focus on these two cases, one Japanese, and the other Korean, to better analyze the law and economics of future Europe-East Asian relations.
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40

CANTONO, SIMONA, and ROBERTO MARCHIONATTI. "DUMPING AS PRICE DISCRIMINATION: JANNACCONE’S CLASSIC THEORY BEFORE VINER." Journal of the History of Economic Thought 34, no. 2 (June 2012): 193–218. http://dx.doi.org/10.1017/s1053837212000168.

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Dumping actions and anti-dumping policies were regularly on the political agenda for several years in the pre-World War I period in Europe and the United States. In Italy, politics, economic circles, and scholars were engaged in debate on whether to protect sensitive industries threatened by sales below cost in their home markets, practiced by foreign competitors. Einaudi and his school of economics tackled the issue with several publications. In this paper we focus on Jannaccone’s essays, which he contributed to both a symposium in Riforma sociale in March 1914 and an issue in Rivista delle società commerciali in June 1914. Although we recognize that Viner (1923) theoretically systematized dumping in the wider framework of international trade, we nevertheless claim that the theoretical origin of dumping, in a context of imperfect competition, was Jannaccone’s essay. We show that Jannaccone proposed an early theory of dumping as an instance of the more general theory of price discrimination. He defined and classified dumping; he developed a static analysis of its profitability; he investigated the effects of dumping in both domestic and foreign markets; and he analyzed the effect of protectionism and its policy implications.
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41

Zang, Michelle Q. "Recent Development of the Special Treatment under the EU Anti-dumping Law – Case T-498/04, Zhejiang Xinan Chemical Industrial Group v. Council, delivered on 17 June 2009; Case." Legal Issues of Economic Integration 37, Issue 2 (May 1, 2010): 163–76. http://dx.doi.org/10.54648/leie2010012.

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As one of the biggest users of anti-dumping actions, the EU has established a rather complicated regime in this area. Despite the conventional division between market and non-market economies (NME), it further develops a separated approach towards economies in transition. These special treatments under EU anti-dumping proceedings have been exhaustively explored in academia in terms of the investigation approaches and practice engaged by the European Commission. However, the importance of a systematic analysis on the jurisprudence of the European Court cannot be overestimated. It not only indicates the issue of admissibility and the chance of successful legal challenges by the private parties, more importantly, it may also signal the direction of policy development in the future.
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42

Bown, Chad P. "Trade Policy Flexibilities and Turkey: Tariffs, Anti-dumping, Safeguards and WTO Dispute Settlement." World Economy 37, no. 2 (December 5, 2013): 193–218. http://dx.doi.org/10.1111/twec.12114.

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43

Pauwels, Wilfried, and Linda Springael. "The welfare effects of a european anti-dumping duty and price-undertaking policy." Atlantic Economic Journal 30, no. 2 (June 2002): 121–35. http://dx.doi.org/10.1007/bf02299157.

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44

Nguyen, Ly, and Henry W. Kinnucan. "The US solar panel anti-dumping duties versus uniform tariff." Energy Policy 127 (April 2019): 523–32. http://dx.doi.org/10.1016/j.enpol.2018.11.048.

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45

Moulis, Daniel. "Anti-Circumvention of Anti-Dumping Measures: Law and Practice of Ten World Trade Organization Members – Australia." Global Trade and Customs Journal 11, Issue 11/12 (December 1, 2016): 479–86. http://dx.doi.org/10.54648/gtcj2016062.

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Laws dealing with practices that ‘get around’ tariffs imposed by World Trade Organization (WTO) Members on dumped or subsidized goods are well established in some Members but have only recently been introduced in Australia. The compliance of these laws with WTO norms is open to debate. The economic rationale for penalizing some kinds of commercial practice as circumvention may be similarly contested. This article outlines the Australian laws and accompanying investigation procedures, with available case studies, and poses questions about the need for them and about their legitimacy in policy terms.
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46

WANG, HUA, JUE WANG, and ZHONGXIAN FENG. "THE ECONOMIC EFFECTS OF ANTI-DUMPING AND ANTI-SUBSIDY POLICIES AMONG CHINA, THE U.S. AND THE EU: THE PHOTOVOLTAIC INDUSTRY." Singapore Economic Review 63, no. 03 (June 2018): 513–34. http://dx.doi.org/10.1142/s0217590817400136.

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Since the end of 2011, the U.S., the European Union (EU) and China have been searching for a trade remedy regarding each other’s photovoltaic (PV) industry. Based on the perspective of the value chain of Global Solar Energy PV industry, this paper examines related factors including the tax rate imposed on the PV industry, and uses the global simulation model (GSIM) to predict the trade impact and welfare effects generated from the “double-anti” policy (anti-dumping laws with countervailing duties). The results of the research showed that China has not yet formed a complete value chain of the PV industry that is internationally competitive. The economic effect of the “double-anti” policy on China as a result of the EU is more pronounced than that with the U.S. The “double-anti” policy will have a negative impact on China’s low carbon economy development. The authors conclude that the development of polycrystalline silicon in China needs to be supported by forcible policy measures and targeted measures are proposed.
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47

Stegemann, Klaus. "EC anti-dumping policy: Are price undertakings a legal substitute for illegal price fixing?" Weltwirtschaftliches Archiv 126, no. 2 (June 1990): 268–98. http://dx.doi.org/10.1007/bf02706360.

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48

Vandoren, P. "The Interface between Anti-dumping and Competition Law and Policy in the European Community." Legal Issues of Economic Integration 13, Issue 2 (November 1, 1986): 1–16. http://dx.doi.org/10.54648/leie1986005.

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49

Fu, Donghui. "EC Anti-Dumping Law and Individual Treatment Policy in Cases involving Imports from China." Journal of World Trade 31, Issue 1 (February 1, 1997): 73–105. http://dx.doi.org/10.54648/trad1997005.

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50

PRUSA, THOMAS J., and EDWIN VERMULST. "United States – Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand: a cat in the bag." World Trade Review 11, no. 2 (April 2012): 257–71. http://dx.doi.org/10.1017/s1474745612000018.

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AbstractThis paper analyzes the dispute between Thailand and the United States regarding the method of calculating the anti-dumping duty on polyethylene retail carrier bags from Thailand. In December 2006, after a series of WTO Appellate Body reports, the United States ceased zeroing in original investigations. The United States implemented the policy change prospectively, that is only for future cases. Consequently, the margins in this case remained unchanged because they had been calculated in 2004. Thailand challenged the United States' use of zeroing in the final determination. The US did not contest the claim. The Panel confirmed that zeroing was used and, following the long line of Appellate Body rulings, found the United States' practice inconsistent with Article 2.4.2 of the Anti-Dumping Agreement. After the Panel Report was adopted, the United States retroactively applied the policy change to the facts of this case and recalculated the margins without zeroing. The relative simplicity of the panel proceeding and the United States' willingness to amend the calculations following the adoption of the Panel Report may invite other WTO members to pursue a similar course of action in instances where their exporters have been subjected to US zeroing.
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