Dumping and Subsidies

Name: Dumping and Subsidies | The Law and Procedures Governing the Imposition of Anti-dumping and Countervailing Duties in the European Community
Brand: Kluwer Law International
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The Law and Procedures Governing the Imposition of Anti-dumping and Countervailing Duties in the European Community

Clive Stanbrook Philip Bentley(Autor*in)

Kluwer Law International (Verlag)

Erschienen am 1. Dezember 1995

460 Seiten

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Beschreibung

This book now in its third edition, is written for lawyers, trade associations and marketing managers it is one of the first to deal with the new regulations on dumping and subsidies which were adopted to implement the European Community's obligations under the Uruguay Round's 1994 Anti-Dumping Agreement and the 1994 Subsidies and Countervailing Measures Agreement It places the highly complex subject of dumping and subsidies in its WTO and EC contexts before taking the reader through a legal and arithmetical analysis of the technicalities involved
The book has been completely revised and expanded since published In 1983 - it provides many more worked examples, and draws on the much enlarged case-law of the European Court of Justice to illustrate the discussion, With more than ten years' additional experience since the last edition the authors provide a stimulating analysis of the turning points in Community antidumping law revocation of undertakings non-cooperation, five-year sunset reviews, screwdriver assembly anti-absorption measures, newcomer reviews, and now, with the new regulations currency conversions detailed rules on sampling methods de minimis rules on Injury, procedural deadlines consumer interests and a new approach to circumvention
"This book represents a major contribution towards greater understanding of what is, for lawyers and international business. an area of vital interest it is a thoroughly comprehensive and lucid presentation of a difficult subject and will be valuable for students and practitioners alike However, it also makes accessible to non professionals a subject that often appears opaque and Impenetrable Its authors who have vast experience In the subject, have brought a refreshingly practical approach to its presentation in this regard the vital elements in an anti-dumping adjudication are set out and analysed In the text in a manner that is readily comprehensible, and the book will be of enduring importance and relevance" (From the preface by Peter Sutherland)

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Inhalt

Cover
Half Title Page
Title Page
Copyright Page
Dedication
Table of Contents
Foreword
Preface
Chapter 1: Introduction
1.1 HISTORICAL DEVELOPMENT OF MULTILATERAL RULES ON DUMPING
1.2 HISTORICAL DEVELOPMENT OF MULTILATERAL RULES ON SUBSIDIES
1.3 THE JUSTIFICATION FOR THE CONTROL OF DUMPING AND SUBSIDISATION
1.4 PROSPECTS FOR FUTURE REFINEMENT
Chapter 2: The Community Framework
2.1 INSTITUTIONS WHICH ADMINISTER THE LEGISLATIVE FRAMEWORK
2.1.1 Council
2.1.2 The Commission
2.1.3 The European Court of Justice
2.2 HISTORICAL DEVELOPMENTS OF ANTI-DUMPING AND COUNTERVAILING INSTRUMENTS
2.2.1 The anti-dumping and countervailing instruments
2.3 OTHER COMMUNITY INSTRUMENTS OF COMMERCIAL DEFENCE
2.3.1 Trade Barriers Regulation
2.3.2 Surveillance and safeguard measures
2.3.3 Agricultural products
2.3.4 Dumping complaint submitted by a third country
2.3.5 Unfair pricing practices in the maritime sector
2.4 COMMUNITY REGULATION OF TRADE BETWEEN MEMBER STATES
2.4.1 Intra-Community Trade-Competition rules
2.4.2 Intra-Community Trade-State aid rules
Chapter 3: Dumping
3.1 NORMAL VALUE
3.1.1 Domestic price as normal value in a market economy country
3.1.2 Alternative normal values in a market economy country-Export sales to third countries
3.1.3 Alternative normal values in a market economy country-Constructed value
3.1.4 Normal value of exports from non-market economy countries
3.2 EXPORT PRICE
3.2.1 The price actually paid or payable
3.2.2 The constructed price
3.2.3 Constructing export prices
3.3 COMPARING THE EXPORT PRICE WITH THE NORMAL VALUE
3.3.1 Differences in physical characteristics
3.3.2 Differences in import charges and indirect taxes
3.3.3 Discounts, rebates and quantities
3.3.4 Differences in levels of trade
3.3.5 Differences in transport, insurance, handling, loading and ancillary costs
3.3.6 Differences in packing costs
3.3.7 Differences in credit
3.3.8 Differences in after sales costs
3.3.9 Differences in commissions
3.3.10 Currency conversions
3.3.11 Calculation of the adjustment transaction to transaction or on an average basis
3.3.12 The Community Authorities' obligation to make adjustments
3.4 DUMPING MARGIN AND DUMPING DUTIES
3.4.1 The (unit) transaction dumping margin
3.4.2 The weighted average dumping margin
3.4.3 Prospective determination of duties
3.4.4 Sampling techniques
3.5 CIRCUMVENTION OF ANTI-DUMPING DUTIES-CHANGES IN PATTERN OF TRADE
3.5.1 Start-up or a substantial increase in production and origin of the parts
3.5.2 The proportion of the parts
3.5.3 Undermining of the remedial effects of the duty and evidence of dumping
Chapter 4: Subsidies
4.1 BASIC PRINCIPLE
4.2 DEFINITION OF A SUBSIDY
4.2.1 Financial contribution by government or any public body
4.2.2 Any form of income or price support
4.2.3 Conferment of a benefit
4.3 SPECIFICITY
4.4 EXPORT SUBSIDIES
4.4.1 Export subsidies arising out of direct taxation
4.4.2 Export subsidies arising out of indirect taxation and import charges
4.4.3 Export subsidies arising out of export credits and export credit guarantees
4.5 NON-COUNTERVAILABLE SUBSIDIES
4.5.1 Assistance for research activities
4.5.2 Assistance for disadvantaged regions
4.5.3 Assistance to promote adaptation of existing facilities to new environmental requirements.
4.5.4 Agricultural subsidies
4.6 CALCULATION OF A SUBSIDY
4.6.1 Allocation per unit
4.6.2 Allocation over time
4.6.3 Offsets
4.7 COUNTERVAILING ACTION
4.8 NON-MARKET ECONOMY COUNTRIES
4.9 CIRCUMVENTION OF COUNTERVAILING DUTIES
Chapter 5: Injury
5.1 THE COMMUNITY INDUSTRY
5.1.1 The "like product
5.1.2 A major proportion
5.1.3 Community producers who are related to exporters/importers or are importers of the product
5.1.4 Regional injury
5.1.5 Narrowest group or range of products principle
5.1.6 Captive market
5.2 EVIDENCE OF INJURY
5.2.1 Definition of injury
5.2.2 Actual material injury
5.2.3 Cumulation of dumped or subsidised imports
5.2.4 The volume of dumped or subsidised imports and their effect on prices
5.2.5 The consequent impact of dumped or subsidised imports on the Community industry
5.2.6 Threat of material injury
5.2.7 Material retardation
5.3 CAUSATION
5.3.1 Volume and prices of imports which are not sold at dumped or subsidised prices
5.3.2 Contraction in demand or changes in the pattern of consumption
5.3.3 Trade restrictive practices
5.3.4 Developments in technology and productivity
5.3.5 Export performance of the Community industry
5.3.6 Other factors
5.4 THE LESSER DUTY RULE
5.4.1 Calculation of undercutting and underselling
5.4.2 Competitive comparability of the product
5.4.3 Issues affecting threshold levels
Chapter 6: Community Interest
6.1 INTRODUCTION
6.2 THE SCOPE OF THE COMMUNITY INTEREST TEST
6.2.1 Eliminating the trade distorting effects of injurious dumping and restoring effective competitive conditions
6.3 INTERESTS OF THE COMMUNITY INDUSTRY
6.4 INTERESTS OF THE COMMUNITY USERS/PROCESSORS
6.5 IMPORTERS AND DISTRIBUTORS
6.6 INTERESTS OF CONSUMERS
6.7 THE INTEREST IN PRESERVING COMPETITION ON THE COMMUNITY MARKET
6.8 EMPLOYMENT
6.9 CERTAINTY FOR INVESTORS
6.10 SPECIAL CONSIDERATIONS OF EXTERNAL ECONOMIC POLICY
Chapter 7: Procedure
7.1 THE ADVISORY COMMITTEE
7.2 COMPLAINTS
7.3 INITIATION OF PROCEEDINGS
7.4 THE INVESTIGATION
7.4.1 Time limits
7.4.2 Obtaining information from interested parties and Member States
7.4.3 Verification of information
7.4.4 Findings based on the information available when parties do not co-operate
7.5 RIGHTS OF PARTIES IN AN INVESTIGATION
7.5.1 Inspection of files
7.5.2 Hearings
7.5.3 Disclosure of the results of the investigation
7.6 CONFIDENTIALITY
7.7 ACCEPTANCE OF UNDERTAKINGS
7.8 ANTI-DUMPING AND COUNTERVAILING DUTIES
7.8.1 General
7.8.2 Provisional duties
7.8.3 Definitive duties
7.8.4 Registration of imports
7.8.5 Suspension of measures
7.9 CONCLUSION OF THE INVESTIGATION OR THE PROCEEDING
7.9.1 Conclusion of the investigation
7.9.2 Conclusion of the proceeding
7.10 OTHER INVESTIGATIONS DURING THE COURSE OF THE PROCEEDING
Chapter 8: Refunds and Reviews
8.1 REFUNDS OF DUTIES
8.1.1 The applicant
8.1.2 The form of application for a refund
8.1.3 The content of the application
8.1.4 Associated importer
8.1.5 Anti-abuse provisions
8.1.6. Duration of refund procedures
8.1.7 Refund of countervailing duties
8.2 REVIEW PROCEDURES
8.2.1 Interim review
8.2.2 Newcomer review
8.2.3 Five year or "expiry" review
8.2.4 Absorption of duties
8.2.5 Reviews of countervailing duties
Chapter 9: Judicial Review
9.1 THE ACTION FOR REVIEW AND ANNULMENT-EC
9.1.1 Admissibility
9.1.2 The grounds of review
9.1.3 The remedy
9.2 THE ACTION FOR REVIEW AND ANNULMENT-ECSC
9.2.1 Admissibility
9.2.2 Grounds of review
9.2.3 The remedy
9.3 REFERENCE FOR A PRELIMINARY RULING ON VALIDITY
9.3.1 Article 177 EC
9.3.2 Article 41 ECSC
9.4 ACTION FOR DAMAGES
9.4.1 Article 215 EC
9.4.2 Article 40 ECSC
9.5 INTERVENTION
9.6 APPLICATION FOR SUSPENSION OF ANTI-DUMPING OR COUNTERVAILING MEASURES
9.6.1 Prima facie case
9.6.2 Urgency
9.6.3 Balance of convenience
Appendices
Appendix 1 OUTLINE ANTI-DUMPING COMPLAINT
Appendix 2 General Agreement on Tariffs and Trade
ARTICLE VI Anti-dumping and countervailing measures
ARTICLE XVI Subsidies
ARTICLE XIX Emergency Action on Imports of Particular Products
ARTICLE XXIII Nullification or Impairment
Appendix 3 AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
Appendix 4 COUNCIL REGULATION (EC) No 384/96
Appendix 5 AGREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES
Appendix 6 COUNCIL REGULATION (EC) No 3284/94
Appendix 7 Anti-dumping investigations initiated in which definitive measures have not yet been adopted
Definitive anti-dumping measures in force
Anti-dumping measures which have terminated for one reason or another
Appendix 8 Anti-dumping investigations initiated in which definitive measures have not yet been adopted
Definitive anti-dumping measures in force
Anti-dumping measures which have terminated for one reason or another
Appendix 9 Countervailing measures in force as at 31 March 1996
Appendix 10 List of Court cases involving anti-dumping matters
Appendix 11 Commission notice concerning the reimbursement of anti-dumping duties
Index
Back Cover

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