Do Developing Countries Benefit from Anti-Dumping Laws?

Do Developing Countries Benefit from Anti-Dumping Laws?
Author: Mario D. Tello
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

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This paper develops an international Dumping model of imperfect competition based upon the comparative advantage between (developed, DCs and developing, LDCs) countries in order to assess the Dumping GATT rules. The main results of this model indicate: on the first place, without trade impediments and a coordinated competition policy between countries, dumped products from foreign firms are beneficial (from the social welfare point of view) for the Dumping recipient LDC. These benefits arise from cheaper imports and more competition in the domestic market. However, these gains are accompanied by some losses due to the fact that part of the trade gains that would exist if the foreign and domestic market were perfectly competitive are transferred to the foreign firms profits (this is the so called rent-shifting effect). Second, as long as these losses exist, then an Anti-Dumping tariff could be more beneficial for the Dumping recipient country despite of the increase of prices in the domestic market. The tariff avoids that part of the gains from trade been transferred to the foreign firms by increasing national firms profits and tariff collection of the Government of the Dumping recipient country. Third, a welfare analysis nonetheless suggests that Anti-Dumping tariffs are the least convenient trade policy for the Dumping recipient country. First best policy still is free trade and a coordinated competition policy between countries. When this policy is no feasible, second best policies are a production subsidy to national firms who compete with imports in the domestic market or a joint production subsidy with an import tariff. These results claim for a reexamination of Anti-Dumping law of the GATT. On the one hand, this does not incorporate (industrial organization) features such as: market segmentation, market power and international competition. On the other hand, without these features some deficiencies are produced on the analysis of: i) the Dumping prices definition; ii) the Dumping margin; iii) the proof and injury tests; and iv) the level of the Anti-Dumping tariff and its permanency.

Antidumping Laws and Developing Countries

Antidumping Laws and Developing Countries
Author: Patrick A. Messerlin
Publisher: World Bank Publications
Total Pages: 42
Release: 1988
Genre: Barreras comerciales
ISBN:

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Antidumping laws can be a back door to protection, jeopardizing trade liberalization in developing countries.

The Anti-Dumping Agreement and Developing Countries

The Anti-Dumping Agreement and Developing Countries
Author: Aradhna Aggarwal
Publisher: Oxford University Press
Total Pages: 278
Release: 2006-10-20
Genre: Political Science
ISBN: 0199087873

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In the era of globalization, trade policy has become a key development tool and expanding exports a major policy objective for developing countries. However, pressures for protectionism are threatening to reverse the gains. The surge of anti-dumping practices in the 1990s in many countries have triggered an intense debate on the anti-dumping agreement and its implementation. This volume analyses the importance of anti-dumping from a developing country's perspective. The author investigates the use of anti-dumping in a comparative framework and reviews the genesis and evolution of the Agreement and its legal provisions. She further discusses the economic and non-economic justifications of anti-dumping use and empirically analyses the macro-economic factors motivating countries to use anti-dumping. Finally she examines the wide-ranging proposals to reform the WTO anti-dumping code. The analysis brings out a bias against developing countries and stresses the need for fundamental reform of current anti-dumping rules. The author also reflects on plausible approaches to refine existing provisions and explores the possibility of reform by including a Public Interest Test. She suggests updating the special and differential treatment provisions to remedy existing imbalances.

Adverse Effect of Antidumping Laws on Developing Countries

Adverse Effect of Antidumping Laws on Developing Countries
Author: Fotini Mastroianni
Publisher: GRIN Verlag
Total Pages: 59
Release: 2017-01-10
Genre: Business & Economics
ISBN: 3668377553

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Bachelor Thesis from the year 2010 in the subject Economics - International Economic Relations, , course: Economics, language: English, abstract: An unfair trade practice, dumping, occurs when a company sells its products abroad at prices lower than the price of the market in which they are produced, or even below cost. This mainly happens because export firms may have an excess capacity, and want to have a larger market share in a foreign country against domestic products. This practice is internationally considered as a practice of unfair competition. Therefore, anti-dumping measures are imposed. The anti-dumping duty is independent of import duties and functions additionally to the common tariff practices. Many times, however, it may be the case that anti-dumping measures are imposed on certain products without having them previously dumped. This is more than dangerous. The unfair imposition of anti-dumping measures aims to strengthen the local industry against imported goods, which worsens protectionism worldwide . Recently, the U.S. and China were engaged in announcements of additional mutual anti-dumping measures. Within a very short time, the U.S. imposed high temporary tariffs on Chinese aluminium products and steel as well as some types of paper. China responded by imposing tough antidumping tariffs on U.S. imports of chicken and nylon in retaliation. In general, the confirmation of the existence of this illegal practice is extremely difficult and requires extensive timely research. Furthermore, it should also be investigated whether the particular industry has been harmed. In the present study, the framework of international trade and the various measures such as tariffs and quotas will be presented to understand better the international economic environment. Dumping and antidumping measures will be examined both on the financial side but also on the legal side. Finally, the effect of antidumping measures to developing countries will be further studied.

Antidumping

Antidumping
Author: Reem Anwar Ahmed Raslan
Publisher: Kluwer Law International B.V.
Total Pages: 228
Release: 2009-01-01
Genre: Law
ISBN: 9041131280

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This work examines the use of antidumping laws as 'temporary adjustment' safety valves: measures to help developing domestic industries suddenly exposed to International competition cope with the new market conditions.

Anti-dumping and Countervailing Procedures

Anti-dumping and Countervailing Procedures
Author: Inge Nora Neufeld
Publisher: United Nations Publications
Total Pages: 44
Release: 2001
Genre: Business & Economics
ISBN:

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Analyzes antidumping and countervailing duty investigations, particularly as they impact developing countries. This study also scrutinizes WTO agreements and finds that many of the negative effects of antidumping and countervailing measures are not adequately addressed.

Circumvention and Anti-circumvention Measures

Circumvention and Anti-circumvention Measures
Author: Yanning Yu
Publisher: Kluwer Law International B.V.
Total Pages: 294
Release: 2008-01-01
Genre: Technology & Engineering
ISBN: 9041126864

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The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.

Anti-dumping and Countervailing Action

Anti-dumping and Countervailing Action
Author: Philip Bentley
Publisher: Edward Elgar Publishing
Total Pages: 233
Release: 2007-01-01
Genre: Law
ISBN: 1847206824

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''. . . a fine attempt to shed light on the legal rules that make antidumping and countervailing duty so controversial. Bentley, and experienced trade lawyer, and Silberston, a long-time professor of economics at Imperial College-London, team up to translate arcane and often incomprehensible legal rules into common sense language. Their book not a "how to" manual of how cases proceed, but rather a nontechnical review of many obscure but crucial concepts. The book''s appeal is considerably widened by their frequent discussion on whether the rules make economic sense. . . . the approach taken in the book enlightens policymakers, practitioners, and academics on the perverse nature of antidumping and countervailing duty laws. . . . a fine addition to the bookshelf of any scholar interested in studying trade agreements and administered protection.'' Thomas J. Prusa, Journal of Economic Literature ''Philip Bentley and Aubrey Silberston provide a balanced treatment of a complex area of trade law taking action against dumped or subsidized exports. They document in an accessible manner the many problems associated with current rules and practice and provide a practical set of recommendations to improve the administration of trade law in these areas.'' Bernard Hoekman, Development Research Group, The World Bank ''Written by a lawyer and an economist, both of whom have long experience and deep knowledge equally of theory and practice, this book offers a unique, objective and dispassionate analysis of anti-dumping and countervailing action from various aspects, not only what it is and how it is applied but also its problems and ambiguities not least in a globalised and interdependent world where it is easy to do as much damage to one''s own producers and consumers as to the apparent transgressor. Finally, some thoughts are offered as to what might be done to introduce greater rigour and discipline and to resolve the principal defects. A comprehensive guide to and review of this area of trade policy has long been needed; here it is. Trade policy practitioners, lawyers, students, and above all the negotiators should read it. Bentley and Silberston will be the standard work for some time to come.'' Anthony Hutton, formerly Director-General for Trade Policy in the Department of Trade and Industry, London, UK ''With their book Anti-Dumping and Countervailing Action Philip Bentley and Aubrey Silberston provide an eminent addition to the legal and economic literature on the subject of the appropriate use of anti-dumping and countervailing duties. Rather than offering a nuts and bolts how to book, the authors deliver a succinct and relatively non-technical overview of substantive concepts and problems inherent in the use of these commercial defence instruments that will appeal to experts and non-experts alike. While the book focuses on the WTO Anti-Dumping Agreement and its implementation in the EU and the United States, it offers valuable lessons for administrators and practitioners in other user countries also. One may not agree with all elements of their analysis I, for one, would certainly not agree with their conclusion that pre-Uruguay Round zeroing made legal and economic sense but their inter-disciplinary approach is thought-provoking and refreshing as well as timely in the middle of the EU reflection on the use of the anti-dumping instrument that EU Trade Commissioner Mandelson has launched.'' Edwin Vermulst, partner Vermulst, Verhaeghe & Graafsma, Brussels, Belgium; editor Journal of World Trade and Global Trade and Customs Journal; author of the WTO Anti-Dumping Agreement (OUP 2006) ''This book is an excellent study in depth of the practical problems that arise for regulatory authorities in seeking to apply the international rules, as laid down in the various WTO agreements, when requests for anti-dumping or countervailing measures have been received from industry. It offers not only an analysis of the difficult choices awaiting the practitioner but also a rigorous examination of the economic sense, if any, behind the practices that have evolved in recent years. On several occasions this sense is found to be wanting, and the authors make some thought provoking points and recommendations for change. Highly recommended for students and practitioners alike.'' Roderick Abbott, former deputy Director General at DG Trade in the EC Commission, and later deputy DG at the WTO This book, written by a lawyer and an economist both of whom have worked extensively in the field of international trade, offers a challenging and thought-provoking consideration of actions against dumping and export subsidies. Unlike many books in the field which simply set out the relevant international agreements and discuss their interpretation by various regulatory authorities, this book identifies numerous contradictions found in existing law and practice. Many of which, the authors argue, defy economic as well as legal logic. In light of their analysis, the authors propose a number of changes to current law and practice. Whilst they are under no illusion of the likelihood that such changes will occur in the relevant agreements in the near future, it is hoped that through compelling argument they can not only contribute to future debate, but also shape the way these issues are treated in practice. Providing a critical analysis of the commonly used trade measures against dumping and export subsidies, Anti-Dumping and Countervailing Action will be of international interest, especially to regulatory authorities, trade lawyers, trade economists and scholars and students in business school

Anti-Dumping Regulations and Practice in Nigeria

Anti-Dumping Regulations and Practice in Nigeria
Author: Violet Aigbokhaevbo
Publisher: African Books Collective
Total Pages: 252
Release: 2022-09-16
Genre: Law
ISBN: 9785972755

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This book is an attempt to examine the WTO/GATT anti-dumping regulations within the ambit of the peculiar developmental circumstances of developing countries with Nigeria in perspective. A combination of descriptive analysis and deductions are utilised with reference to the Nigerian experience, as a developing country seeking relevance in the global trading system where non-conforming states are regarded as pariahs. The non-availability of industries to cater for the needs of their populaces has rendered these countries viable global dumping ground for fake, substandard and adulterated products. The conclusion here that as far as developing countries are concerned, anti-dumping regulations as provided by GATT in Nigeria is akin to providing shoes for a man with no feet.