Currency Conversion in the Anti-Dumping Agreement

Currency Conversion in the Anti-Dumping Agreement
Author: Jong Bum Kim
Publisher:
Total Pages:
Release: 2017
Genre:
ISBN:

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The Anti-dumping Agreement (“Agreement”) provides that a product is considered as being dumped if it is exported to another country at less than its normal value, the comparable price of like product when destined for consumption in the exporting country. In order to calculate the dumping margin, an investigating authority compares the export price with the normal value. This price comparison usually involves the conversion of currency of either the export price or the normal value. Although the Agreement permits the conversion of currency when it is necessary for the price comparison, it does not provide sufficient guidelines to guard against potential distortion in the dumping margin calculation resulting from conversion. Unless the conversion is done with an appropriate exchange rate, an investigating authority's price comparison potentially results in a spurious estimate of dumping margin, in violation of the fair comparison requirement of Article 2.4 of the Agreement. In particular, the distortion in the dumping margin calculation is magnified when the exchange rate moves significantly. Therefore, the currency conversion clause of the Agreement needs to be modified to ensure a fair comparison.Section II of this article discusses the exchange rate conversion clause of the Agreement. Sections III and IV consider exchange rate conversion provisions of European Union (EU) and US anti-dumping laws and examine country practices. Section V analyses the potential distortion from exchange rate conversion.Finally, section VI concludes with some suggestions for the modification of the Agreement.

Dispute Settlement Reports 2001: Volume 4, Pages 1293-1776

Dispute Settlement Reports 2001: Volume 4, Pages 1293-1776
Author: World Trade Organization
Publisher: Cambridge University Press
Total Pages: 498
Release: 2004-04
Genre: Law
ISBN: 9780521829816

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The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2001.

EU Anti-Dumping and Other Trade Defence Instruments

EU Anti-Dumping and Other Trade Defence Instruments
Author: Van Bael & Bellis
Publisher: Kluwer Law International B.V.
Total Pages: 1133
Release: 2019-05-22
Genre: Law
ISBN: 9041199675

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The sixth edition of this definitive work, last revised in 2011, gives detailed attention to all legislative, regulatory and judicial developments that have arisen under European Union (EU) and World Trade Organization (WTO) law on trade defence instruments up to February 2019, including the amended 2018 EU anti-dumping regulation. As trade law practitioners and scholars have come to expect from the trade law team of the Brussels law firm Van Bael & Bellis, the book continues to provide comprehensive, up-to-date analysis and critical commentary on EU instruments dealing with anti-dumping, countervailing, safeguard and trade barrier measures. The emphasis throughout is on the practical application of the rules. The book covers every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; rules for the determination of permissible adjustments; clarification of the terms ‘significant distortions’ and ‘distortions on raw materials’; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if ‘Union interest’ calls for intervention; examining the 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 or countervailing measures; rules governing the standing of various interested parties before the European Courts; allocation and administration of quantitative quotas; and surveillance measures. As a detailed and practical commentary on the relevant aspects of the EU trade defence instruments as actually applied by the EU institutions in the light of WTO law, this book is the pre-eminent work in the field which remains without peer as a guide to EU trade defence law.

EU Anti-dumping and Other Trade Defence Instruments

EU Anti-dumping and Other Trade Defence Instruments
Author: Ivo Van Bael
Publisher: Kluwer Law International B.V.
Total Pages: 1396
Release: 2011-01-01
Genre: Law
ISBN: 9041131175

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The authors [of this fifth edition] from the firm "Van Bael & Bellis" cover every issue likely to arise in any trade defence matter, including all of the following and more : determining the dumping and injury margins ; determining the subsidy margin ; determining the causal link between dumping or subsidy and injury ; determining if 'Union interest calls for intervention ; differences between anti-dumping and anti-subsidy legislation ; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent circumvention of anti-dumping measures ; rules for the determination of permissible adjustments ; rules governing the standing of various interested parties before the European Courts ; rules and procedure applicable to non-market economy countries ; special rules on products originating in a developing country ; allocation and administration of quantitative quotas ; surveillance measures ; and whether and to what extent safeguard measures are subject to judicial review.

Basic Instruments and Selected Documents

Basic Instruments and Selected Documents
Author: General Agreement on Tariffs and Trade (Organization)
Publisher:
Total Pages: 336
Release: 1953
Genre: Foreign trade regulation
ISBN:

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Supplements 1-16,18 contain Decisions, resolutions, reports, etc. of the 7th-25th, 27th sessions respectively.

World Trade Organization Agreement on Anti-dumping

World Trade Organization Agreement on Anti-dumping
Author: K. D. Raju
Publisher: Kluwer Law International B.V.
Total Pages: 522
Release: 2008-01-01
Genre: Law
ISBN: 9041127801

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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.

Anti-dumping Laws and Practices of the New Users

Anti-dumping Laws and Practices of the New Users
Author: Junji Nakagawa
Publisher: Cameron May
Total Pages: 390
Release: 2007
Genre: Antidumping duties
ISBN: 1905017251

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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.