LSN: Anti-Dumping Laws (Topic)最新文献

'Two roads diverged in [soft]wood' - Targeted Dumping, Differential Pricing Methodology, and Zeroing: US-Canada Anti-dumping in Softwood Lumber “软木材的两条岔路”——目标倾销、差别定价方法和归零:美国和加拿大对软木材的反倾销

LSN: Anti-Dumping Laws (Topic) Pub Date : 2021-02-01 DOI: 10.2139/ssrn.3803320

Janet Whittaker, Eugene Beaulieu

{"title":"'Two roads diverged in [soft]wood' - Targeted Dumping, Differential Pricing Methodology, and Zeroing: US-Canada Anti-dumping in Softwood Lumber","authors":"Janet Whittaker, Eugene Beaulieu","doi":"10.2139/ssrn.3803320","DOIUrl":"https://doi.org/10.2139/ssrn.3803320","url":null,"abstract":"The United States and Canada have a long-standing series of disputes over softwood lumber that until now have focused on alleged subsidies and countervailing duties (CVDs). The United States changed things up this time around and the US Department of Commerce (USDOC) found dumping after applying the Differential Pricing Methodology to softwood lumber from Canada. The panel found that the USDOC erroneously aggregated export price differences when applying the DPM, but departed from the WTO Appellate Body’s previous ruling in US – Washing Machines regarding the use of zeroing and the inclusion of differential prices under Article 2.4.2 of the Anti-Dumping Agreement. To date, the United States and Canada have not been able to resolve the long-standing softwood lumber dispute, and this time the focus shifts from subsidies and countervailing duties to anti-dumping duties. It remains to be seen what happens in this specific dispute on appeal—if, and when, the WTO Appellate Body starts to function again. It will also be interesting to see whether this panel decision encourages parties to argue for, and future panels to permit departures from, Appellate Body rulings with which they disagree.","PeriodicalId":233492,"journal":{"name":"LSN: Anti-Dumping Laws (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128828643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Slamming the Door on Trade Policy Discretion? The WTO Appellate Body's Ruling on Market Distortions and Production Costs in EU—Biodiesel (Argentina) 关上贸易政策自由裁量权的大门?WTO上诉机构对欧盟生物柴油市场扭曲和生产成本的裁决(阿根廷)

LSN: Anti-Dumping Laws (Topic) Pub Date : 2017-12-01 DOI: 10.2139/ssrn.3155320

M. Crowley, Jennifer A. Hillman

{"title":"Slamming the Door on Trade Policy Discretion? The WTO Appellate Body's Ruling on Market Distortions and Production Costs in EU—Biodiesel (Argentina)","authors":"M. Crowley, Jennifer A. Hillman","doi":"10.2139/ssrn.3155320","DOIUrl":"https://doi.org/10.2139/ssrn.3155320","url":null,"abstract":"This 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 antidumping 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.","PeriodicalId":233492,"journal":{"name":"LSN: Anti-Dumping Laws (Topic)","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126662386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 11

Old Wine in a New Bottle: The EU's Response to the Expiry of Section 15(a)(ii) of China's WTO Protocol of Accession 新瓶装旧酒:欧盟对中国加入WTO议定书第15(a)(ii)条期满的回应

LSN: Anti-Dumping Laws (Topic) Pub Date : 2017-04-03 DOI: 10.2139/ssrn.2952015

Andrei Suse

{"title":"Old Wine in a New Bottle: The EU's Response to the Expiry of Section 15(a)(ii) of China's WTO Protocol of Accession","authors":"Andrei Suse","doi":"10.2139/ssrn.2952015","DOIUrl":"https://doi.org/10.2139/ssrn.2952015","url":null,"abstract":"Following the expiry, on 11 December 2016, of the second paragraph of section 15(a) of China’s Protocol of Accession to the WTO, importing WTO Members no longer find a legal basis in section 15 for using so-called non-market economy (NME) methodologies for determining the normal value of Chinese imports. Hence, investigating authorities must now rely exclusively on the provisions of the Anti-Dumping Agreement (ADA) when investigating imports from China. In December 2017, the European Union amended its basic Anti-Dumping Regulation in view of the expiry of section 15(a)(ii). Following the entry into force of the recently adopted amendments, the Regulation no longer explicitly discriminates between WTO Members by mandating NME treatment for certain countries, among which China. However, it still requires the European Commission to employ an NME-like methodology with regard to imports from any WTO Member, where it determined that it would not be ‘appropriate to use domestic prices and costs in the exporting country due to the existence in that country of significant distortions’. This article analyzes the compatibility of the new methodology with the provisions of the ADA in light of the reports of the Appellate Body and of the Panel in EU – Biodiesel. It is submitted that even though the recent amendments could possibly shield the Regulation from an ‘as such’ claim of WTO-inconsistency, the use of the new methodology is unlikely to be allowed by the ADA.","PeriodicalId":233492,"journal":{"name":"LSN: Anti-Dumping Laws (Topic)","volume":"250 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121133316","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

The Ethics of the U.S. Antidumping Laws and Policies 美国反倾销法律与政策的伦理问题

LSN: Anti-Dumping Laws (Topic) Pub Date : 2016-10-29 DOI: 10.2139/ssrn.2861273

Robert W. McGee

引用次数: 12

Anti-Dumping in Dispute Settlement: The Trade Predator’s Persistent Dilemma – National Tribunals, Square Shooters or a Minefield of Bias? 争端解决中的反倾销:贸易掠夺者的持久困境——国家法庭、广场射手还是偏见的雷区?

LSN: Anti-Dumping Laws (Topic) Pub Date : 2016-04-01 DOI: 10.2139/ssrn.2758146

Daniel Drache

{"title":"Anti-Dumping in Dispute Settlement: The Trade Predator’s Persistent Dilemma – National Tribunals, Square Shooters or a Minefield of Bias?","authors":"Daniel Drache","doi":"10.2139/ssrn.2758146","DOIUrl":"https://doi.org/10.2139/ssrn.2758146","url":null,"abstract":"The paper provides an empirical overview of anti-dumping measures from 1994-2011, anti-dumping initiatives north v. south and south-south and the targeting of China’s many export industries. The conclusion is that anti-dumping is often stigmatized by economists and trade lawyers as ‘rule rigging’, but governments continue to rely on this policy instrument to protect jobs and industries from abnormally cheap goods flooding the market. Trade centric ties between countries have tightened and states are more globalized than ever before. Deep integration has forced governments to manage their openness and as countries are in a race to compete, those who come out on top do better to have the state address the far-reaching imbalance of trade centric growth and the asymmetries in market prowess between countries. In the recent period China has been much more active in bringing antidumping suit against its competitors and major trading partners but it is by far and away more a target than a complainant. Member states will continue to bring disputes to the WTO in very small numbers. By contrast, anti-dumping and countervail measures and duties are an alternative dispute settlement mechanism and the organization of international trade has become more politicized. Countries will continue to file complaints with the WTO and launch investigations into predatory pricing practices before their national tribunals. Legally sanctioned protectionism has become a prominent feature of international trade at a time of intense globalization despite the expert advice of lawyers and economists to shut it down. Anti-dumping investigations before national tribunals have long been a right of governments to insulate their economies against highly volatile conditions in the international environment that distort the transactions of a world trading system.","PeriodicalId":233492,"journal":{"name":"LSN: Anti-Dumping Laws (Topic)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132694175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Electronic Silk Road: How the Web Binds the World in Commerce 电子丝绸之路:网络如何在商业中捆绑世界

LSN: Anti-Dumping Laws (Topic) Pub Date : 1900-01-01 DOI: 10.5860/choice.51-4691

Anupam Chander

引用次数: 8