This document provides an overview of anti-dumping measures under the WTO regime. It discusses the historical background of anti-dumping laws, including key agreements. It outlines the conditions for imposing anti-dumping duties, including determining dumping, injury, and the causal link. It explains the process for investigations and provides examples of disputes related to anti-dumping measures.
An anti-dumping duty is a protectionist tariff that a domestic government imposes on foreign imports that it believes are priced below fair market value. To protect local businesses and markets, many countries impose stiff duties on products they believe are being dumped in their national market.
An anti-dumping duty is a protectionist tariff that a domestic government imposes on foreign imports that it believes are priced below fair market value. To protect local businesses and markets, many countries impose stiff duties on products they believe are being dumped in their national market.
it is an usefull information and material for the students who is preparing their studies
it about WTO ,stucture,scope,trade agreements functions etc.,
it is an usefull information and material for the students who is preparing their studies
it about WTO ,stucture,scope,trade agreements functions etc.,
Dumping its impact and measures in indiaSadhana Gowda
Dumping reflects a distorted market where production is supported independently of demand leading to depressed international agricultural prices, dumping causes unfair competition for small farmers in rural areas of developing countries, where 70% of the world’s poor live. The main causes for continuing dumping in international markets are export subsidies and support payments to producers that allow production without controlling supply.
This research paper is an evaluation as to how far
the anti-dumping laws and rules enabled WTO to resolve
relevant trade disputes and to protect the interests of
developing countries. The paper primarily examines in a
legal and procedural paradigm, whether anti-dumping
measures provided in the WTO-DSB forum and
incorporated into respective foreign trade laws of countries
have been effective or merely costing the importing
countries, while countries that keep dumping do so with
impunity, because dumping is just condemned, not
prohibited. The Article VI of the General Agreement on
Trade and Tariffs (GATT) deals with Anti-dumping and
Countervailing Duties. Interpretation of the Article VI.1
would reveal that: ‘that dumping is an act by which
products of one country are introduced into the commerce
of another country at less than the normal value of the
products’. ‘In connection with the effect of Article VI on the
practice of dumping itself, in the Havana Meet in 1954-55, it
was agreed that contracting parties should, within the
framework of their legislation, refrain from encouraging
dumping, as defined in that paragraph, by private
commercial enterprises’. This lopsidedness in the GATT
regulations was not corrected in the WTO regulations. The
cost of anti-dumping investigations and substantiating the
same and all the associated consultative processes are time
consuming and not evenly poised on the two parties to the
dispute concerned. One instance is the unsustainable
practice of DSB constituting Panel with members drawn
from the country which initiated action. This goes against
the very root of natural justice. One of the principles of
natural justice and the related legal maxim is that, ‘No
person shall sit in judgment of his/her own cause’. Fairness
demands that the members should be drawn from a third
country. The structure of the panel should be three; one
each from developed and developing countries and the third
to be elected by majority of the parties. This structure is to
facilitate to decide by majority voting, in case where
consensus fails. In sum, the legal paradigm and the
procedural drags involved in anti-dumping measures, have
costed the developing import-intensive countries more while
countries that exported keep dumping, at will, because
dumping is just condemned, not prohibited.
A presentation discussing interplay with Patent Office proceedings, use of the pilot program, updates on domestic industry, and the latest on public interest. They also discussed best practices in preparing for ITC litigation.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
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These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
2. Historical Background
• Anti-dumping law was first introduced by Canada in 1903
• United States took initiative to introduce the anti-dumping duties in the Havana Charter as an exception to
tariff bindings
• In Kennedy Round (1967) – “Anti-dumping Code” came into existence. This was officially entitled
“Agreement on Implementation of Article VI of the GATT”
• This agreement has been further elaborated in Tokyo Round Code (1974) and Uruguay Round Code
(1986)
• Uruguay Round Code (1986) – Anti-dumping Agreement came into existence.
• Structure of Anti-dumping Agreement – 18 articles with two annexes
3. Anti Dumping Duties
• Article VI of GATT defines dumping as a practice “by which products of one country are
introduced into the commerce of another country at less than the normal value of the
products”.
• To check such issue – anti-dumping duties are imposed for protection of domestic industries.
• Conditions:
condition 1 # Dumping
condition 2 # Material injury or threatens to cause material injury
condition 3 # Causal link between dumping and material injury.
• Article VI of GATT and Anti-dumping Agreement are the part of the same treaty – WTO
Agreement.
• Anti-dumping Agreement – essential for the interpretation of Article VI of GATT
4. Determination of Dumping
4
# Condition 1
Essential components for determining dumping:
- export price is less than normal value
- in the ordinary course of trade: trade between independent buyer and seller – transaction
is at arms length
- for the like product when destined for consumption in the exporting country.
Article 2 of Agreement
5. Normal Value
• Article VI of GATT and Article 2 of Anti-dumping Agreement – three grounds for establishing
Normal value
• A. VI says “a product is to be considered as being introduced into the commerce of an
importing country at less than its normal value, if the price of product exported from one
country to another:
- price of like product sold in domestic market of exporting country; or
- price of like product, at which sold to any third country; or
- Constructed normal value: cost of production plus reasonable cost, profits
In general practice countries prefer first and third ground for determining Normal value.
6. Export Price
Refers to free on board (f.o.b) export price in the country of export.
Article 2, Anti-dumping Agreement – constructive export price
• If concerned authorities find export price unreliable, because of association between importer and
exporter, then
• Export price may be constructed on price at which imported products are first resold to an independent
buyer
Dumping margin
Normal value – Export Price = Dumping margin
7. Determination of Injury
7
# Condition 2
• Injury can be of three types:
- material injury to domestic industry
- threat to material injury to domestic industry
- material retardation in the establishment of domestic industry: this test is applied where industry is yet to
be established
• Article 3 of anti-dumping agreement + paragraph 6 of Article VI
8. • Article 3.4 of agreement – enumerates factors determining material injury:
- actual and potential decline in sale
- profits, market share, output
- productivity,
- return on investments, or utilization of capacity….
• Article 3.7 lists out the factors to determine threat to injury:
- significant increase in dumping,
- sufficient increase in the production of exporting country,
- imports entering at prices have a significant depressing effect on domestic prices,
- inventories of domestic industry
9. # Condition 3
Causal link between dumping and injury shall be examined by authorities on the basis of
relevant evidences
Article 3.5 enumerates the list of factors that expresses causal link between dumping and injury:
- Contraction in demand
- Trade restrictive practices
- Development of technology of domestic industry
- export performance and productivity of the domestic industry.
10. Investigation
Article 5 of Agreement
• Written application made by or on behalf of domestic industry
• Authorities examines accuracy and adequacy of evidence
• Period of investigation: one year not more than 18 months
• investigation terminated: dumping margin determined as de minimis:
- if the margin of dumping is less than 2% of the export price
- volume of dumped imports less than 3% of the total imports of the like article
- volume of dumped imports collectively from all such countries is less than 7% of the total
imports
11. Investigation process in India
• Anti dumping measures in India are administered by the Directorate General of Anti dumping
and Allied Duties (DGAD) functioning in the Dept. of Commerce in the Ministry of Commerce
and Industry and the same is headed by the "Designated Authority".
• Designated Authority - investigation and make recommendation to the Government
• Department of Commerce recommends the Anti-dumping duty, it is the Ministry of Finance,
which levies such duty.
• Section 9A, Customs Tariff Act, 1975
• Imposition of anti-dumping duty = 5years
12. • Application received by the Designated Authority is dealt with in the following manner:
A. Preliminary Screening: application scrutinized – sufficient evidence
B. Initiation: accuracy and adequacy of evidence
C. Access to Information: access to non-confidential evidence presented to interested parties
D. Preliminary Findings: within 60-70 days
E. Provisional Duty: not exceeding dumping margin – remain in force = upto 6 months
extendable to 9 months
F. Disclosure of information: Designated Authority will inform all interested parties of the
essential facts
G. Final Determination
H. Time-limit for Investigation Process: one year from the date of initiation - extended by the
Central Government by 6 months.
13. EC – BED LINEN
• Complainant: India
• Respondent: European Communities
• Measure at issue: Definitive anti-dumping duties imposed by the European Communities,
including the European Communities' zeroing method used in calculating the dumping
margin.
• Product at issue: Cotton-type bed linen imports from India.
• Appellate Body finding
that the practice of “zeroing”, as applied by the European Communities in this case in
establishing “the existence of margins of dumping”, was inconsistent with Art. 2.4.2. By “zeroing”
the “negative dumping margins”, the European Communities had failed to take fully into account
the entirety of the prices of some export transactions.
14. Byrd Amendment (Continued Dumping and Subsidy Offset Act of 2000)
• The amount collected from anti-dumping would be distributed to producers – U.S.
• But this could create inducement of producers – complainants (Australia, Brazil, Chile,
European Communities, India...)
• Appellate body findings:
that the requirement of Arts. 5.4 and 11.4 were fulfilled when a sufficient number (quantity) of
domestic producers have expressed support for the application and, contrary to the Panel's
analysis, the investigation authority is not required to examine the motives (quality) of domestic
producers that elect to support the investigation.
15. Anti-dumping measures
A. Provisional undertaking: voluntary undertaking from exporters – to revise its prices or
cease exports to area in the question – so that authorities are satisfied that the injurious
effect of the dumping is eliminated. A. 8 of Agreement
B. Provisional measures: interim measures to prevent injury being caused during the
investigation. This can take form of – provisional duty, security by cash deposit, etc. – A. 7
of Agreement.
C. Anti-dumping Duty: imposed not beyond dumping margin (A.9)
Injury > dumping margin = anti-dumping duty equal to dumping margin
Injury < dumping margin = anti-dumping duty equal to injury margin
16. GUATEMALA – CEMENT II
• Complainant - Mexico
• Respondent - Guatemala
• Measure at issue: Guatemala's anti-dumping investigation on certain imports.
• Product at issue: Grey Portland cement from Mexico.
• Panel findings:
- that Guatemala violated A. 5.3 (initiation of investigation – application) – that does not have
sufficient evidence of dumping, threat of injury and causal link (A. 5.8: initiation of investigation –
insufficient evidence)
- Regarding the confidential treatment given to the petitioner's submissions, the Panel found
an Art. 6.5 violation because there was no record of “good cause” shown by the petitioner and
the petitioner did not seem to have requested confidential treatment for the information.
17. Dispute Settlement
A. Review of Anti-dumping measures taken by members: Committee on Anti-Dumping Practices
(A. 16)
B. Consultations and the settlement of disputes under this Agreement: the Dispute Settlement
Understanding is applicable (A. 17)
C. Dispute Settlement:
Article 17.4, if the member that requested consultations has failed to achieve a mutually
agreed solution – the matter could be referred to Dispute Settlement Body