<p>This essay analyse the anti-dumping policy of the European Union, with specific focus on the anti-dumping tariff imposed on imports of ertain footwear from the People’s Republic of China from 1997 to 2002.</p><p>Even though free trade is expected from the members of the World Trade Organization (WTO) there are certain exceptions. One is when there is a suspicion that goods are being dumped in a foreign market, i.e. the exporter sells the product at a lower price in the foreign market than in its home market. Article VI in GATT regulates this together with the Anti-dumping Agreement.</p><p>In 1997 EU imposed an anti-dumping measure on certain footwear imported from the People’s Republic of China. This measure was in effect until 2002 (the maximum time for an anti-dumping tariff is five years). We expect to see a decrease of footwear exports from the People’s Republic of China to the European Union during this period.</p><p>By using a log-linear regression analysis we can see that the EU imports of Chinese footwear did indeed decrease from its trend otherwise during 1997 to 2002. Since the industry overall increased its sales during the same period, we draw the conclusion that the tariff was the reason for the decreased imports.</p>

The GATT Anti-Dumping Code provides that anti-dumping proceedings may be concluded without the imposition of duties if the exporters of the dumped product offer undertakings which the authorities of the importing country consider acceptable. Undertakings are, in essence, formal commitments by exporters under anti-dumping investigation to abstain from dumping or to ensure that their exports will not injure the domestic producers of the product concerned. In accordance with the GATT rules, he anti-dumping laws of the European Community and the United States contain provisions allowing the anti-dumping authorities to accept price undertakings. In practice, however, the use of undertakings in the two jurisdictions has been considerably different. This thesis analyzes and compares the law and practice of the European Community and the United States with regard to price undertakings.

Although the WTO anti-dumping rules have been created to reconcile and monitor domestic anti-dumping measures, different jurisdictions still have tremendous variations in their domestic anti-dumping legislation and interpretations. Such differences may suggest opportunities for further innovations, especially for countries where the anti-dumping legislation is under-developed, such as China. Through a comparative study of the domestic anti-dumping legislation among the United States, the European Community, and China, problems and opportunities for the innovation of China's anti-dumping law will be found.

Thesis (doctoral)--Rijksuniversiteit Groningen, 1992. / Cover title: Liberal trade and Japan : the incompatibility issue in electronics. Includes Curriculum Vitae (p. 303). Includes bibliographical references (p. [289]-302).

Tese (Doutorado) - Universidade de São Paulo, Faculdade de Direito. / Made available in DSpace on 2012-10-18T17:25:45Z (GMT). No. of bitstreams: 0

Dumping, no sentido técnico-jurídico do termo, vem a ser, segundo definição encontrada no próprio Acordo Antidumping, da OMC Organização Mundial do Comércio (artigo VI, GATT 1994), a exportação de um produto por valor inferior ao preço que ele normalmente seria vendido no mercado exportador. Como se pode vislumbrar a partir desta definição, é uma prática que ocorre em razão de uma operação de comércio internacional. O processo de investigação do dumping, que poderá resultar na adoção de direitos antidumping, normalmente é complexo, sendo um dos mais instigantes e atuais temas relacionados ao direito econômico internacional e ao direito do comércio internacional. A aplicação de direitos antidumping, ao mesmo tempo que deve buscar a anulação dos efeitos danosos causados pela prática do dumping, deve ser utilizada de forma comedida pelo país lesado, ou seja, não podem tais direitos significar uma barreira injusta ao livre comércio, sob pena de restar violado e desvirtuado um dos principais fins do sistema OMC, qual seja, a busca de um comércio internacional livre, isto é, isento de quaisquer espécies de barreiras, sejam elas tarifárias, ou não tarifárias. Por derradeiro, cabe dizer ainda, que esta dissertação de Mestrado será dividida em duas partes: a primeira, na qual se abordará os principais aspectos relacionados ao dumping e aos direitos antidumping; e, a segunda, onde será analisado o caso WT/DS141/R Comunidades Européias vs. Índia Direitos antidumping sobre importações de roupa de cama. / Dumping, in its technical-judicial meaning, is the exportation of a product at a price lower than the one at which it usually would be sold in the exporting market, as defined by the WTO World Trade Organization Anti-Dumping Agreement itself (Article VI, GATT 1994). As we can see, based on this definition, dumping is a practice that necessarily occurs as the result of an international trade operation. The dumping investigation process, which may lead to anti-dumping duties, is often complex, and it is one of the most provocative and present subjects related to the International Economic Law and to the International Trade Law. The application of anti-dumping duties, while one must seek to nullify the damaging effects caused by dumping imports, on the other hand, one can not forget that the anti-dumping duties must be reasonably utilized by the injured country, that means, such duties can not lead to an unfair barrier to the free trade, otherwise one the WTO systems main goals, which is the search for free international trade exempt from any kind of barrier, be they tariff or non-tariff barriers, may be violated and disparaged. Finally, this thesis for the Master Degree at USP, will be divided in two parts: the first one will discuss the main aspects of dumping and the anti-dumping duties; and the second one, where the author will analyse, in a deep approach, a specific case decided in the scope of the dispute settlement body (DSB), where the occurrence of dumping and the application of anti-dumping duties was discussed (WT/DS141/R European Communities vs Índia cotton-type bed linen).

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

No description available.

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.

Thesis (Ph. D.)--Boston College, 1992. / Includes bibliographical references (leaves 239-242).