Circumvention and Anti-circumvention Measures

Circumvention and Anti-circumvention Measures
Title Circumvention and Anti-circumvention Measures PDF eBook
Author Yanning Yu
Publisher Kluwer Law International B.V.
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.

Guide to International Anti-Dumping Practice

Guide to International Anti-Dumping Practice
Title Guide to International Anti-Dumping Practice PDF eBook
Author Derk Bienen
Publisher Kluwer Law International B.V.
Pages 736
Release 2013-09-01
Genre Law
ISBN 904114692X

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This book is the first to bring together the actual practices and procedures in all the major users of anti-dumping. The countries surveyed include all the so-called ‘traditional’ users (Australia, Canada, the EU, New Zealand, South Africa, and the United States) as well as the leading ‘new’ users (Argentina, Brazil, China, India, Korea, Mexico, and Turkey). The book provides not only an overview of each of the systems considered but also a detailed reference to the way different jurisdictions have handled specific issues. In addition, the structure for each chapter is virtually identical, allowing for a ready comparative analysis of various topics. These topics include the following: ; applicable legislation, regulations, prescribed guidelines and procedures; decision-making process and time-line; the likelihood of an investigation leading to the imposition of measures; statistics 1995–2011 with details of actual investigations and duties imposed; threshold of injury and calculation of non-injurious price; establishment of causal link; verification reports, hearings, access to information, and other procedural issues; reviews and refunds; and anti-circumvention measures. An introductory chapter provides a comparative statistical analysis of the use of anti-dumping by the thirteen countries, highlighting key features of anti-dumping systems in a comparative way. The introduction also assesses the important impacts of China’s accession to the WTO in 2001 and of the economic and financial crisis of 2008–2009, discusses the treatment of non-market economies, and notes emerging tendencies in anti-dumping reform. This is an invaluable work on a key area in trade (and competition) law, written by a team of well-known experts. With its comprehensive and practical format, the book will be of great interest to practitioners dealing with anti-dumping cases, including trade law practitioners who may have to defend anti-dumping cases in different jurisdictions, attorneys in international trade law and competition law, government officials, academics, and researchers.

Trade Remedies in North America

Trade Remedies in North America
Title Trade Remedies in North America PDF eBook
Author Gregory Wells Bowman
Publisher Kluwer Law International B.V.
Pages 746
Release 2010-01-01
Genre Law
ISBN 9041128409

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and political underpinnings." --Book Jacket.

EU Anti-dumping and Other Trade Defence Instruments

EU Anti-dumping and Other Trade Defence Instruments
Title EU Anti-dumping and Other Trade Defence Instruments PDF eBook
Author Ivo Van Bael
Publisher Kluwer Law International B.V.
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.

The WTO Anti-Dumping Agreement

The WTO Anti-Dumping Agreement
Title The WTO Anti-Dumping Agreement PDF eBook
Author Philippe De Baere
Publisher Cambridge University Press
Pages 500
Release 2021-08-31
Genre Law
ISBN 9781108423519

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A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.

EU Anti-dumping Law and Practice

EU Anti-dumping Law and Practice
Title EU Anti-dumping Law and Practice PDF eBook
Author Edwin A. Vermulst
Publisher
Pages 753
Release 2010
Genre Antidumping duties
ISBN 9781847038906

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EU Anti-Dumping Law and Practiceprovides an overview of EU anti-dumping law and practice against the background of the international rules, notably the WTO Anti-Dumping Agreement. It takes an in-depth look at anti-dumping case law, examining how the principles of the law have worked in practice.

The WTO Anti-Dumping Agreement

The WTO Anti-Dumping Agreement
Title The WTO Anti-Dumping Agreement PDF eBook
Author Philippe De Baere
Publisher Cambridge University Press
Pages 921
Release 2021-09-02
Genre Law
ISBN 1108530389

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A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.