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After joining in the World Trade Organization (WTO), the Taiwan¡¦s steel import tariff has been comprehensively reduced to almost nil customs duties (duty-free) since the year 2004. As a result of overwhelming importation of steel products and continuous investment in enhancing and enlarging output capabilities made by local steel manufacturers, the domestic steel markets are showing a tendency to a surplus status of supply over demand. However, due to the increasingly strong demand of steel materials made by the China mainland in the recent years, it has been not only greatly helped put off the execution of the world-wide scattered anti-dumping trade remedy assistance measures since the year 2000, but also benefited the domestic major steel manufacturers adjusting and improving their market structure and profit advantages in time. This enables the local steel producers to gradually enlarge their export quantity and aggressively expand their steel output on China mainland in the meantime. While the steel industries are boomingly developing, the international steel prices are rising and the steel market bargains are boosting, I am firmly confident that only the steel enterprises are able to concentrate their attention on what the anti-dumping measures formulated by WTO are stated, and to take appropriate dealing actions in the meantime, the competitive edge will be able to be elevated by the domestic steel producers. Therefore, to immediately setup information system on the forecast of dumping prediction and the knowledge of anti-dumping measures is a prerequisite to facilitate enhancing the enterprise¡¦s competitive edge and superiority. The results of this research are made into two fields on the application of a dumping prediction about the coated/galvanized plate steel products. i.e. (1) In line with the WTO regulations and the US anti-dumping law, I have made various collection concerning the information of law articles, dumping items, documents as well as miscellaneous information and have combined them into one consolidated concept to construct an up-dated dumping pre-warning alarm system. (2) Further study was made on the pre-warning subject concerning price negotiations and price finalizations of the S company¡¦s marketing department between the phases of order reception and goods issue. The result I discovered is that it is critically important for the enterprise to systematically pin down and appropriately structure its sales prices in advance and timely notice the pre-warning alarm measures in linking with the marketing model team before the entrepreneur is facing an international anti-dumping complaint or accusation in this regard.

Dissertação (mestrado) - Universidade Federal de Santa Catarina, Centro de Ciências Jurídicas. Programa de Pós-Graduação em Direito / Made available in DSpace on 2012-10-19T14:34:52Z (GMT). No. of bitstreams: 0Bitstream added on 2014-09-26T01:42:07Z : No. of bitstreams: 1 182795.pdf: 4295118 bytes, checksum: c0fd08e02e6f883960e12a8b1bf3dc94 (MD5) / O estudo tem como eixo principal a representação do conceito de dumping e de subsídios, como fatos jurídico-econômico distintos, assim como o estudo da legislação antidumping e de medidas compensatórias, como assuntos tutelados no âmbito do comércio internacional, a partir da OMC. Parte-se da análise destas normas, a partir dos estudos dos acordos constitutivos originários (AARU e ASMC). Após investiga-se como referidos assuntos vêm implementados na ordem jurídica nacional brasileira.

This mini-dissertation critically analyse the use of anti-dumping regulations between South Africa, the European Union and China. South Africa, the European Union and China are all members of the World Trade Organisation. Dumping is legally defined in terms of Article VI of the General Agreements Act on Tariffs and Trade as “a product that is exported from one country to another at a price less than a price at which like goods are sold from domestic consumption in the exporting country”. The only way to protect a country from dumping is to use their universal, legal instruments set out by the World Trade Organisation, namely the most commonly used trade remedy, anti-dumping, countervailing and subsidies and lastly safeguards. On the 14th of November 2003, South Africa promulgated their anti-dumping regulations that had a broader overview regarding dumping than the previous legislation on this matter. Although there had been several opportunities to properly legislate anti-dumping substance and procedures, the existing South African legislation including the International Administration Act, still does not conform to the requirements and standards of the World Trade Organisation. In the early 20th Century, a number of European countries came together and formulated an Anti-dumping Agreement and was also known as the European Union. The European Union is seen as one of the biggest trade actors in the world. In 1994 the European anti-dumping laws were laid down. Regarding to non-market economies, the European legislation did not have a lot of change during the last decade. The European Union conforms to the requirements and standards set out by the World Trade Organisation. On 25 March 1997 the state council of the People’s Republic of China promulgated anti-dumping and countervailing regulations. At this point in time, China is undergoing an economic transformation, but before China plays an important part in the World Trade Organisation, it must learn to use the World Trade Organisation and integrate the World Trade Organisation laws that are directly related to China by looking at the international trade’s advantages and disadvantages. China is under severe dumping and anti-dumping status quo, which is directly paired with the development of China's anti-dumping legislation where new demands are being brought forward. South Africa’s relationship regarding China, lead to a Memorandum of Understanding in December 1999 where the regional trade protocol was signed between the two countries in terms of textiles, that South Africa won’t impose any duties against China until December 2013, but antidumping duties can be imposed on any other country. South Africa and the European Union have not yet created such a relationship of that between South Africa and China, but South Africa and the European Union, both signed the Trade Development and Co-operation Agreement. This was the first bi-lateral framework agreement between South Africa and the European Union. The final ratification occurred in 2004 and was revised in March 2007. The international trade war against China and the European Union has been won by China, because the WTO recently came to the conclusion that the European Union’s trade policies against China were discriminatory. It should be mentioned that these three countries will play an important role in the development and implementation of international trade relations and regulations and by their collusion, it could only improve the visions of international trade. / Dissertation (LLM)--University of Pretoria, 2011. / Mercantile Law / unrestricted

Doctor Legum - LLD / Anti-dumping measures, safeguards and countervailing measures are trade remedies within the context of the World Trade Organisation (WTO). More specifically, the imposition of anti-dumping measures is a remedial measure, which may be evoked when dumped imports cause or threaten to cause injury to the domestic market. Article VI of the General Agreement on Tariffs and Trade (GATT) defines dumping as a situation where products of one country are introduced into the commerce of another country at less than the normal value of the products, and causes or threatens material injury to an established industry in the territory of a contracting party or materially retards the establishment of a domestic industry. In such a situation, the WTO allows countries to take action, if there is a causal link between injury to the domestic market and dumping. Zimbabwe has been a Member of the GATT since July 1948 and subsequently it became a Member of the WTO in March 1995. It also has anti-dumping legislation since 2002 namely Competition (Anti-Dumping and Countervailing Duty) (Investigation) Regulations, 2002 (Statutory Instrument 266 of 2002). Despite this, dumping remains a challenge in Zimbabwe. Different stakeholders in Zimbabwe have lobbied for anti-dumping laws to be strengthened and applied, to protect the domestic industry from dumped imports. Regardless of the lobbying, the Competition and Tariff Commission (CTC) which is the institution that deals with unfair trade practises in Zimbabwe, has to date not conducted any investigation in dumping. This study ascertains what the shortfalls in Statutory Instrument 266 of 2002 are, and the measures to be taken, to develop a sound framework that paves way for effective anti-dumping regime in Zimbabwe. The study highlights the need for an overhaul in Zimbabwe’s anti-dumping system. This study also engages in a discussion of anti-dumping laws in the European Union (EU) and South Africa, both whom have developed anti-dumping systems, which Zimbabwe can learn from. In addition, EU used to be Zimbabwe’s largest trading partner, but has since been replaced by South Africa.

<p>EU and China are important trade partners to each other; trade relationship is one of their crucial bilateral relationships. Within EU-China trade relationship, the dumping and anti-dumping issues play an important role. When EU commission initiates anti-dumping investigation, Chinese producers always have different responses. This study mainly focuses on the reasons behind Chinese producers’ various responses facing EU anti-dumping investigations. By digging out the real reasons behind Chinese producers’ various responses, this study is expected to make some contribution to the dumping and anti-dumping discussion between China and EU in academic level and to make some contribution to the policy adjusting of both sides in political lever.</p><p>Some hypotheses drawing from a Chinese lawyer Tao Jingzhou’s claim in an interview are tested in this study. These hypotheses listed some possible factors affecting Chinese producers’ responses. There are many anti-dumping cases between China and EU, CFL-i (Integrated electronic compact fluorescent lamps) case initiated in April 2000 was chosen as a research object for case study in this research. When it comes to theory, Hirschman’s theory of exit and voice is used as the basic theory structure of this study. His followers especially Barry and Birch refined Hirschman’s model into exit-voice-silence. This model is implemented in this study as a theory approach.</p><p>By interviewing some key people in the Chinese producers involving in CFL-i case and comparing the interview results with hypotheses, come conclusions are coming out:</p><p>First, in the case study level, Chinese producers’ choice of options is in a dynamic process. With the change of situation, a certain producer can choose different option in different period of time. While this study verified the variables influencing the choice of Chinese producers mentioned by Tao Jingzhou in the hypotheses such as degree of depending on EU market, sufficient of funds, supports from local government, financial system, ownership of the company and the diversity of products, it found several other variables which also affect the decision making of Chinese producers such as nationalism, previous success experience.</p><p>Second, when it comes to political level, for Chinese side, Chinese government especially local government should be more supportive when their enterprises are facing anti-dumping investigation from EU. In EU’s part, according to what has been discussed in the case study, currently it is not the time for EU to take China as a market economy treatment. However, its harsh criteria for applying for MET and individual treatment would get continuous severe critical from Chinese producers and government, which will negatively affect its trade relationship with China. For both sides, bilateral negotiations on anti-dumping duty or undertakings would be good for the long-run interests of both sides.</p>

Abstract Taiwan has won the good name of ¡§the Kingdom of Fasteners¡¨ for years. With the dedication by the whole industry the exporting volume of fasteners products kept significantly growing every year in Taiwan and the production scale has become the leading position worldwide as well. However, due to the unlimited investment along with large expansion of production capacity made in the past decade, the market situation tends to be oversupplied. Price war emerges whenever business gets slow, as a result, the exporting price keeps dropping year by year and Taiwan is likely to be the target of foreign anti-dumping suits. As a matter of fact, Taiwan fastener industry has encountered several anti-dumping suits before. Among all the cases, the European anti-dumping suit on import of stainless steel fasteners has resulted in a considerable impact to the industry that the exporting volume of fasteners products has significantly decreased since 1988 and many companies were forced to seek for other markets, downscale their operation or even move the factories to overseas. The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 exercises multilateral agreement to sanction the dumping activities based on non-discrimination principle and adopts necessary measure to restrict the dumping activities. As a result, to avoid any negative impact caused by the free trade and protect the benefit of local industries, every country is allowed to bring the anti-dumping law into their trading policy. However, we noted from the evolution of the trading policy that the mechanism of protection measure has been shift from tariff barrier to be non-tariff barrier, and from non-tariff barrier to the abuse or misuse of WTO regulation, the discretion of the administration has even become one of the mechanisms. This paper is intended to emphasize the impact to the free trade by anti-dumping measure and the impropriety of the European anti-dumping system. This paper includes six chapters: Chapter 1 - General introduction; Chapter 2 ¡V The development of Taiwan fasteners industry; Chapter 3 ¡V The illustration of the European anti-dumping system and suit case; Chapter 4 ¡V The initial and definitive determinations of suit case; Chapter 5 ¡V The disputes of legal procedure and substance; Chapter 6 ¡V Conclusion and suggestion.

Anti-dumping duties, safeguards and countervailing duties are collectively, within the context of the WTO, referred to as „trade remedies.‟ More specifically, the imposition of anti-dumping duties is a remedial measure for dealing with imports that cause or threatens to cause injury to local producers. Under the WTO framework, Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on the Implementation of the General Agreement on Tariffs and Trade 1994 provides the rules for applying anti-dumping duties by member countries. Nigeria has been a member of the WTO since 1995 and can only apply anti-dumping duties provided it adheres to the rules governing anti-dumping. The purpose of this study is to ascertain whether the proposed Anti-dumping and Countervailing Bill, 2010 is consistent with WTO jurisprudence on anti-dumping. This study also highlights landmark developments in South Africa‟s anti-dumping system with a view to providing direction to Nigeria in order for its proposed national legislation on anti-dumping to be WTO compliant. / Dissertation (LLM)--University of Pretoria, 2014 / gm2015 / Centre for Human Rights / LLM / Unrestricted

Depuis l'adoption de sa première législation antidumping en 1989, la Turquie est entrée dans le groupe des pays qui sont les utilisateurs les plus fréquents des mesures antidumping. Pourtant, le dispositif antidumping du pays a besoin d'une réforme importante. L'Accord antidumping de l'OMC a force de loi en droit turc. De plus, il y a une législation antidumping nationale qui est composée d'une loi, d'un décret et d'un règlement. Toutefois, il n'y a aucune exigence juridique d'avoir une loi ou un décret dans la législation antidumping. Ainsi, nous proposons d'abroger la Loi et le Décret antidumping et de limiter la base juridique des procédures antidumping au Règlement antidumping. Ceci donnera aux autorités une flexibilité par rapport à la réalisation des amendements dont il y aura besoin à l'avenir, et éliminera le grand nombre de chevauchements qu'il y a dans la Législation actuelle. Cette dernière contient des dispositions incompatibles avec l'Accord antidumping, celles-ci doivent être modifiées. Il y a également des aspects où les règles écrites sont compatibles avec l'Accord antidumping, mais où la pratique des autorités ne suit pas ces règles. Ce genre de pratique ne doit pas être répété. Nous estimons que la place et la structure de l'autorité turque en matière d'antidumping sont loin d'être idéales et ne répondent pas aux besoins des industries nationales. A notre avis, il faut soit organiser cette autorité comme un organisme gouvernemental indépendant soit la sortir du Ministère de l'économie et l'attacher à l'Autorité de la concurrence soit l'organiser, avec les autres départements du Ministère s'occupant des mesures correctives commerciales, comme une nouvelle direction générale au Ministère. La révision judiciaire des constatations de l'autorité d'enquête n'est pas efficace en Turquie. Il faut établir un tribunal spécialisé pour cette révision et donner, aux juges fonctionnant dans ce tribunal, la formation nécessaire pour assurer une révision judiciaire efficace. / Since the adoption of its first anti-dumping legislation in 1989, Turkey made its way into the list of countries that are the most active users of anti-dumping measures. However, the country's anti­dumping system needs a comprehensive reform. The WTO Anti-Dumping Agreement has the force of law under Turkish law. Further, there is national anti-dumping legislation consisting of a law, a decree and a regulation. Yet, there is no legal requirement that necessitates the inclusion of a law or decree in the anti-dumping legislation. Therefore, we propose to repeal the Anti-Dumping Law and Decree and to limit the legal basis for anti-dumping proceedings to the Anti-Dumping Regulation. This will provide the authorities with the flexibility to make the amendments that will be needed in future, and will eliminate the man y instances of overlap among the three elements of the current legislation. The current legislation contains certain provisions that are inconsistent with the Anti­Dumping Agreement and they need to be modified. There are also aspects where the written rules are compatible with WTO principles but the authorities' practice does not follow such rules. This type o1 practice should not be repeated. We argue that the place and structure of the Turkish anti-dumping authority is far from ideal and does not respond to the needs of national industries. In our view, the authority should be detached from the Ministry of Economy and organized as an independent government agency, or should be attached to the Competition Authority, or should be reorganized, together with other departments that also deal with trade remedies, as a new directorate general within the Ministry of Economy. Judicial review of the determinations of the investigating authority is not effective. We propose to establish a specialized court for this review and to provide the judges who will serve in this court with the necessary training in order to ensure effective judicial review.