On-going Issues in the Anti-dumping Investigation

Since the beginning of trade agreements between rich and poor nations, many restrictions have been affected undeveloped countries because of them. In this sense, these impositions transcend the commerce among countries by introducing policies that may have a negative effect on the environment. Even those policies could be considered as a form of imperialism. To sign these agreements, undeveloped countries should modify their statements and processes in order to accomplish those “imposed” standards. One of them is labelling products to be sold inside a richer country. Therefore, it will be pertinent to discuss the implications of what it will call

This is where the “Public Interest” is strongly highlighted and categorically means the imposition of significant trade duties, and only possible under the conditions, whereby, the community interest is important. The “Public Interest” clause provided in WTO becomes effective, only if there is detailed operational definition provided to the term, and alongside there are serious factors that need clear depiction, analysis and complete understanding thereof.

Columbia Encyclopedia, (1993) defined dumping as the selling of goods at less than normal price, usually as exports in international trade. It may be done by a producer, a group of producers, or a nation. However, dumping is usually done to drive competitors off the market and secure a monopoly, and/or to hinder foreign competition. Nations, in an effort to counterbalance international dumping, often resorted to flexible tariffs. International trade through acute competition from foreign producers often leads to dumping infractions of law. A policy regarding dumping, depends on its effectiveness in maintaining separate domestic and foreign

When trading in an international market, a company must understand the ways, countries can interfere with trade. These trade barriers, according to Kishore Kulkarni’s book on International Economics, cause trade to “diverge from the comparative advantage pattern” (pg.266). David Ricardo’s comparative advantage “is an economic law that demonstrates the ways in which protectionism is unnecessary in free trade” (pg.145). This section will provide an in-depth look at the trade restriction known as a tariff.

The Russian Federation believes that the anti-dumping measure on some steel products has caused a decrease in profits from the steel or steel-based products as well as the questionable legality of the anti-dumping measures placed upon Russian and Chinese steel by the European Union. According to the Request for Consultations by the Russian Federation, “the European Union imposed definitive anti-dumping duties retroactively, even though the conditions for levying definitive anti-dumping duties retroactively set out in that provision, including the condition in Article 10.6(i) which the European Union chose to rely upon, were not met and/or not supported by sufficient evidence, either individually or taken together.” (WTO, 2017) and thus there was no evidence or reasoning for the European Union to establish the anti-dumping measures and in fact, the European Union was inconsistent with the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ("AD Agreement"). The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 was put into effect after the General Agreement on Tariffs and Trade was replaced with the World Trade Organization (WTO) and the WTO set up several policies regarding anti-dumping measures. The anti-dumping measures were a minor component of the larger trade agreement, formerly known

Too many questions have been asked if dumping implies unfair trade practices. Recently, disputes over dumping make it difficult to decide whether or not we should allow this activity to enter our country. Many of us are equally familiar that more foreign imports mean more jobs are being destroyed in American industries. Because of this particular reason, WTO and GATT members have worked together to see if there is a relationship between dumping and unjust trades. In their study, some have discovered that dumping benefits the economy and helps increase competitions among various industries in the U.S. However, there were also some others who took the opposite side by arguing that dumping is an

These ‘measures of equivalent effect’(MEQRs) result in imports being reduced just as if there was in fact an explicit limit. First the MEQR produces its import reducing effects by a more or less indirect path. That can make causation difficult to establish. ECJ has dealt with this by drawing broad-brush distinctions of convenience . Second problem is to decide whether article 34 is about combating rules with a protectionist effect, or about deregulating economic activity.These are measures which cannot be easily captured by the Cassis definition of a product rule or the Keck definition of a selling

Under MEQR, there are three landmark cases need to be illustrated. Firstly, the case of Dassonville demonstrated that all trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra [Union] trade are to be considered as measures having an effect equivalent to quantitative restrictions. For the phrase of hindering directly or indirectly, on the facts, it is submitted that it is hindered indirectly which means that the goods was not banned fully to be imported into the country. UK did not totally ban the sweets and it still can be imported into the country as long as ‘Konfekt’ rename the sweets as the name of the sweets might be mistaken it as ‘Health Boost’ which contains medicinal proprieties but in real, it was not. Furthermore, whether it is actually or potentially, it is arguably that it is potentially as Konfekt can expect the loss if their goods are banned because they need to relabeling the products. Lastly, for the intra [Union], it can be defined as the country that imports the goods is in member states. UK is under EU so the requirement of intra [Union] is satisfied. Hence, case of Dassonville can be applied.

Unfortunately, there are huge disparities of the national laws on trade marks of the Member States which resulted in an adverse impact on the internal market. Therefore, “the creation on a unitary trade mark system in the Community was a logical development in the creation of a Common Market”.

A number of disciplines are alike to Anti-Dumping Agreement. Countervailing duties must be charged after the importing nation has led a detailed

Sophisticated entry requirements illustrate how cumbersome it is to participate and earn some benefits. Furthermore, promotional campaigns seem to mention that fair trade is naturally inequitable and any item that does not bear its trademark confirms indecent trading. Conversely, it is unquestionably wrong since it fails to comprehend that other trading relationships benefit consumers. Producers, workers, and farmers more than fair trade and sometimes cost friendly compared to fair trade. Mutual respect and upholding the interests of all the stakeholders creates and strengthens long-term conventional trading relationships.

Part II : Protectionism Last year the rapid economic growth in China accompanied by an “open door “ policy on the part of the regime, can be viewed in Western nations as a source of major investment and trading opportunities. However, China 's size and its political complexion can also be interpreted as a potential threat. This fear of China leads to the path of protectionist atmosphere. After a introduction about protectionism, the section II will show that Anti-dumping measure is a protectionist measure. Then, section III will present some theoretical models in favor of free trade. Section IV will examine most common fears about China. Section V will sum up with the necessity of using trade as “economic development aid”. I. Introduction:

A country is said to be “dumping” a product if it exports its goods at a predatory price i.e. a value much lower than original production costs, somewhere below the price charged in the domestic market and is considered illegal. An anti-dumping duty is a protectionist tariff imposed by the domestic government on foreign imports that it believes are priced below the fair market value.

fell victim to a shift in WTO Member composition and behavior that makes members increasingly hesitant to make concessions in the WTO where the MFN clause means that a concession to relatively small players like Chile or Australia is automatically extended to China and

Until now, there are nine disputes in GATT/WTO related environment or health protection concerning Article XX . In particular, six panel proceedings under GATT including US – Canadian Tuna , Canada – Salmon and Herring , Thailand – Cigarettes , US – Tuna (Mexico) , US – Tuna (EEC) and US -Automobiles were completed, however, of the six reports, the last three cases were not adopted by GATT Contracting Parties until WTO Dispute Settlement took over and completed these proceedings since 1995 . The three completed disputes under WTO are US – Gasoline , US – Shrimp and EC – Asbestos .