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Medidas antidumping: devido processo legal à luz das regras da OMC; Antidumping duties: due process of law according to WTO rules

Kramer, Cynthia
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 03/09/2012 PT
Relevância na Pesquisa
37.29%
Apesar de o fluxo de comércio afetado por medidas antidumping não chegar nem a 1% do comércio global, aproximadamente 20% das disputas na OMC são sobre antidumping. A OMC é um órgão intergovernamental e seu sistema de solução de controvérsias tem por objetivo analisar se as medidas adotadas por seus Membros estão em conformidade com os compromissos assumidos nos acordos abrangidos. O Acordo Antidumping da OMC (ADA) estabelece os procedimentos investigatórios a serem seguidos por seus Membros para combater o dumping que comprovadamente causa dano à indústria doméstica. O objetivo é evitar que sejam adotadas medidas em circunstâncias descabidas, com o mero intuito protecionista de criar barreiras ao comércio. O dumping é uma prática do setor privado e não dos governos. Portanto, não é o dumping que é questionado perante a OMC, e sim a obediência pela autoridade investigadora dos procedimentos investigatórios estabelecidos no ADA. Tanto os órgãos da Administração Pública como a OMC exercem uma função fundamental para que o devido processo legal seja observado em matéria antidumping. A função legislativa é criar as normas que regularão o procedimento, a função executiva é aplicar/monitorar o procedimento...

Conclude Doha : It Matters!

Hoekman, Bernard; Martin, Will; Mattoo, Aaditya
Fonte: Banco Mundial Publicador: Banco Mundial
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36.96%
The Doha Round must be concluded not because it will produce dramatic liberalization but because it will create greater security of market access. Its conclusion would strengthen, symbolically and substantively, the WTO s valuable role in restraining protectionism in the current downturn. What is on the table would constrain the scope for tariff protection in all goods, ban agricultural export subsidies in the industrial countries and sharply reduce the scope for distorting domestic support - by 70 per cent in the EU and 60 per cent in the US. Average farm tariffs that exporters face would fall to 12 per cent (from 14.5 per cent) and the tariffs on exports of manufactures to less than 2.5 per cent (from about 3 per cent). There are also environmental benefits to be captured, in particular disciplining the use of subsidies that encourage over-fishing and lowering tariffs on technologies that can help mitigate global warming. An agreement to facilitate trade by cutting red tape will further expand trade opportunities. Greater market access for the least-developed countries will result from the "duty free and quota free" proposal and their ability to take advantage of new opportunities will be enhanced by the Doha-related "aid for trade" initiative. Finally...

Trade Remedies and Non-Market Economies : Economic Implications of the First US Countervailing Duty Case on China

Zhao, Longyue; Wang, Yan
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Relevância na Pesquisa
57.23%
In 2007, the United States Department of Commerce altered a 23-year old policy of not applying the countervailing duty law to non-market economies, and initiated eight countervailing and antidumping duty investigations on Chinese imports. The change brings heated debate on trade remedy policies and issues of non-market economies. This study focuses on the first countervailing duty case on imported coated free sheet paper from China and analyzes the implications of this test case for United States-China bilateral trade, and industrial policies in transitioning market economies. The paper also provides a brief review of the economics of subsidies, World Trade Organization rules on subsides and countervailing measures, and United States countervailing duty laws applied to non-market economies. While recently acceded countries should review their domestic development policies from the perspective of economic efficiency and comply with the World Trade Organization rules, it is also important to further clarify the issues of non-market economies under the multilateral trading system...

Antidumping and Market Competition : Implications for Emerging Economies

Bown, Chad P.; McCulloch, Rachel
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
Relevância na Pesquisa
47.05%
While the original justification of the antidumping laws in the industrial economies was to protect domestic consumers against predation by foreign suppliers, by the early 1990s the laws and their use had evolved so much that the opposite concern arose. Rather than attacking anti-competitive behavior, dumping complaints by domestic firms were being used to facilitate collusion among suppliers and enforce cartel arrangements. This paper examines the predation and anti-competitiveness issues from the perspective of the "new users" of antidumping -- the major emerging economies for which antidumping is now a major tool in the trade policy arsenal. The paper examines these concerns in light of important ways in which the world economy and international trading system have been changing since the early 1990s, including more firms and more countries participating in international trade, but also more extensive links among suppliers and consumers through multinational firm activity and vertical specialization.

The Effects of NAFTA on Antidumping and Countervailing Duty Activity

Blonigen, Bruce A.
Fonte: Published by Oxford University Press on behalf of the World Bank Publicador: Published by Oxford University Press on behalf of the World Bank
Tipo: Artigo de Revista Científica
EN_US
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Treatment of unfair trade laws has become an important topic in negotiations on preferential trading areas. Recent preferential trading areas involving the United States (U.S.), one of the most significant users of these laws, have established special bi-national dispute settlement panels to arbitrate disagreements. Using a panel database of U.S. antidumping and countervailing duty activity from 1980 through 2000, the article examines whether the use of dispute settlement panels has reduced such activity between the United States and its North American Free Trade Agreement (NAFTA) partners. The analysis finds little evidence for any effect, calling into question the effectiveness of dispute settlement panels in reducing unfair trade law activity.

Antidumping as Safeguard Policy

Finger, J. Michael; Ng, Francis; Wangchuk, Sonam
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
Relevância na Pesquisa
47.03%
Antidumping is by far the most prevalent instrument applied by countries to impose new import restrictions. In the 1980s antidumping was used mainly by a handful of industrial countries. More recently developing countries have used it increasingly often. Since the World Trade Organization (WTO) Agreements went into effect in 1995, developing countries have initiated 559 antidumping cases, developed countries 463 (through June 2000). Per dollar of imports ten developing countries have initiated at least five times as many antidumping cases as the United States. Even so, the WTO community continues to take up antidumping as if it were a specialized instrument. In reality, present WTO rules allow it to be applied in any instance of politically troubling imports. The authors argue that, as a "pressure valve" to help maintain an open trade policy, antidumping has serious weaknesses: Its technical strictures do not distinguish between instances that advance rather than harm the national economic interest. And its politics of branding foreigners as unfair strengthens rather than mutes pressures against liberalization.

Essays on Administrative Protection and Trade Deflection

Avsar, Veysel
Fonte: FIU Digital Commons Publicador: FIU Digital Commons
Tipo: Artigo de Revista Científica Formato: application/pdf
Relevância na Pesquisa
37.18%
This dissertation analyzes the trading effects and the politics of antidumping. The first essay empirically examines the influence of partisanship on antidumping. I show that an increase in the leftist orientation of the government makes labor intensive industries less likely to file an antidumping petition. I also demonstrate that the increase in the leftist orientation of the government is associated with an increase in the likelihood of an affirmative antidumping outcome for the petitions of labor intensive industries. The second essay investigates the effect of past exporting relationships of the firms, whose products are targeted by antidumping duties, on their export flows to alternative markets. My estimations show that facing an antidumping duty on a product leads to a 18% increase in the exports of the firm for that product to the alternative countries where the firms previously exported the same product and a 8% increase to the countries where the firms exported another product. On the contrary, I fail to find a significant effect of antidumping duties on the exports of the particular product to third countries to which the firm did not export before. Further, I show that a firm’s probability to start exporting the duty imposed product in a different destination increases by 8-10% if the firm already exported another product to that destination. However...

Emerging Economies and the Emergence of South-South Protectionism

Bown, Chad P.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH; EN_US
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36.9%
Do exports resume when import-restricting temporary trade barriers such as antidumping are finally removed? To establish the importance of this question for emerging economies, this paper uses newly available data from the World Bank's Temporary Trade Barriers Database to update a number of inter-temporal indicators of import protection along three dimensions: additional time coverage through 2011, additional policy-imposing country coverage, and a more comprehensive depiction of impacted trading partner coverage. It then turns to the emerging economy exporters affected by temporary trade barriers and highlights the economic significance of frequently bilateral import restrictions imposed by other emerging economies, i.e., South-South protectionism. Finally, it then investigates empirically whether country-level exports resume when the previously imposed -- but temporary -- import protection is finally removed. China's exporters respond quickly and aggressively to the market access opening embodied in the removal of such import restrictions. This differs markedly from the slow and tepid export response of other emerging economies...

Safeguards and Antidumping in Latin American Trade Liberalization : Fighting Fire with Fire; Salvaguardias y antidumping en la liberalizacion comercial de America Latina : combatiendo el fuego con fuego

Finger, J. Michael; Nogués, Julio J.
Fonte: Washington, DC: World Bank and Palgrave Macmillan Publicador: Washington, DC: World Bank and Palgrave Macmillan
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
ENGLISH; EN_US
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This book is a report on success-success in trade liberalization and in the removal of trade barriers so as to integrate Latin American economies into the international economy. More particularly, this book is about how several Latin American governments created and managed safeguards and antidumping mechanisms as part of this liberalization. The core of this book is a set of studies describing how seven Latin American countries-Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, and Peru-have used these trade instruments. Each country study was conducted by analysts from that country. Many of the analysts were high government officials during their country's liberalization, so they have hands-on experience with the construction and the management of these instruments.

China in the World Trade Organization : Antidumping and Safeguards

Messerlin, Patrick A.
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Tipo: Publications & Research :: Journal Article; Publications & Research
ENGLISH; EN_US
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China finds itself in a unique situation on antidumping and safeguard issues. It is by far the main target of antidumping measures, but (so far) one of the smallest users of such measures. China's World Trade Organization (WTO) accession protocol includes stringent antidumping and safeguard provisions that its trading partners may use against its exports. The article examines three related concerns: how quickly large developing economies can become intensive users of antidumping measures, an evolution raising concerns about China's recent antidumping enforcement; how China could minimize its exposure to foreign antidumping cases, a recipe for both improving trade outcomes and for China's taking a leading role in reforming WTO antidumping; and the opportunities that the Doha round of trade negotiations offer to China for negotiating stricter disciplines both on WTO contingent protection and on the use by China's trading partners of the special provisions included in China's accession protocol.

Trade Policy Reform and Poverty Alleviation

Hoekman, Bernard; Michalopoulos, Constantine; Schiff, Maurice; Tarr, David
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH; EN_US
Relevância na Pesquisa
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In this paper, developed as part of the World Bank's Poverty Reduction Strategy Sourcebook, the authors examine how to implement trade liberalization as part of a strategy for alleviating poverty in developing countries. They discuss trade policy instruments, institutions, complementary policies, sector issues, adjustment policies, and safety nets in an integrated approach to trade policy as a tool for poverty alleviation. The authors examine the patterns or models of trade policy that have been successful in alleviating poverty. They discuss the role of tariffs, nontariff barriers, contingent protection (such as safeguards and antidumping), special import regimes (such as duty drawback), export taxes, export subsidies, and trade-related institutions (such as standards, marketing, export finance, customs clearance, and regional trade arrangements). The authors also discuss policies that complement successful trade reform, including macroeconomic stability, a competitive exchange rate, flexible labor markets...

Antidumping, Retaliation Threats, and Export Prices

Avsar, Veysel
Fonte: Oxford University Press on behalf of the World Bank Publicador: Oxford University Press on behalf of the World Bank
Tipo: Journal Article; Publications & Research :: Journal Article
EN_US
Relevância na Pesquisa
36.68%
Utilizing four-dimensional (firm-product-destination-year) Brazilian firm-level export data, we show that antidumping (AD) duties result in a significant and dramatic increase in the unit values of the products that firms export to duty-imposing countries. Furthermore, we examine the effect of potential (retaliatory) AD duties on the unit price of the firms' shipments. Our findings suggest that AD activities in Brazil lead Brazilian exporting firms to increase their unit export prices for the named industries' products to decrease the dumping margin and avoid the threat of retaliation by the target countries.

Antidumping, Retaliation Threats, and Export Prices

Avsar, Veysel
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH; EN_US
Relevância na Pesquisa
37.18%
Utilizing four-dimensional (firm-product-destination-year) Brazilian firm-level export data, the paper shows that antidumping (AD) duties result in a significant and dramatic increase in the unit values of the products that firms export to duty-imposing countries. Furthermore, it examines the effect of potential (retaliatory) AD duties on the unit price of the firms' shipments. The findings suggest that AD activities in Brazil lead Brazilian exporting firms to increase their unit export prices for the named industries' products to decrease the dumping margin and avoid the threat of retaliation by the target countries.

Trade Policy Flexibilities and Turkey : Tariffs, Antidumping, Safeguards, and WTO Dispute Settlement

Bown, Chad P.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH; EN_US
Relevância na Pesquisa
36.93%
Trade policy commitments to lower import tariffs and to maintain tariffs at low levels entail short and long-run political-economic costs and benefits. Empirical work examining the relationship between such commitments and the exercise of trade policy flexibilities is still relatively nascent, especially for emerging economies. This paper provides a rich, empirically-based assessment of ways that Turkey exercised trade policy flexibilities during the global economic crisis of 2008-11. First, and despite multilateral and customs union commitments that might limit changes to applied tariffs, Turkey made changes to both its applied Most Favored Nation and preferential tariffs that cumulatively affect nearly 9 percent of manufacturing imports and 10 percent of import product lines. Second, Turkey's cumulative application of temporary trade barrier (TTB) policies -- antidumping, safeguards and countervailing duties -- are estimated to impact by 2011 an additional 4 percent of imports and 6 percent of product lines. Other surprising results on Turkey's use of flexibilities include: extending the duration of previously imposed antidumping and safeguards beyond expected removal dates...

Taking Stock of Antidumping, Safeguards, and Countervailing Duties, 1990-2009

Bown, Chad P.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH; EN_US
Relevância na Pesquisa
37.1%
This paper examines the evolving, cross-country use of antidumping, safeguard, and countervailing duty policies -- temporary trade barriers (TTBs) -- over the period 1990-2009. The author constructs two new measures of imported products subject to the combined use of these TTBs before applying these measures to new data drawn from the World Bank's Temporary Trade Barriers Database. The research establishes a number of facts regarding trends in historical use to benchmark against policy activity during the global economic crisis of 2008-2009. The 2008-2009 economic shock mostly accentuates patterns and trends already visible in the pre-crisis data: e.g., while the major users of such policies overall combined to increase the product lines subject to TTBs by 25 percent during the crisis, this was driven almost entirely by developing economies which increased their product coverage by 40 percent. On the export side, a previously unidentified feature of the data is that a much larger share of China's exports to other developing economies is subject to foreign-imposed antidumping than its exports to developed economies. The evidence confirms this feature is shared by a number of other major developing economy exporters...

Self-Enforcing Trade Agreements : Evidence from Time-Varying Trade Policy

Bown, Chad P.; Crowley, Meredith A.
Fonte: Banco Mundial Publicador: Banco Mundial
Tipo: Publications & Research :: Policy Research Working Paper
ENGLISH
Relevância na Pesquisa
37.01%
This paper estimates a model of a government making trade policy adjustments under a self-enforcing trade agreement in the presence of economic shocks. The empirical model is motivated by the formal theories of cooperative trade agreements. The authors find evidence that United States' use of its antidumping policy during 1997-2006 is consistent with increases in time-varying "cooperative" tariffs, where the likelihood of antidumping is increasing in the size of unexpected import surges, decreasing in the volatility of imports, and decreasing in the elasticities of import demand and export supply. The analysis finds additional support for the theory that some US antidumping use is consistent with cooperative behavior through a second empirical examination of how trading partners responded to these new US tariffs. Even after controlling for factors such as the expected cost and benefit to filing a WTO dispute or engaging in antidumping retaliation, the analysis find that trading partners are less likely to challenge such "cooperative" US antidumping tariffs that were imposed under terms-of-trade pressure suggested by the theory.

Safeguards and Antidumping in Latin American Trade Liberalization

Finger, J. Michael; Nogues, Julio J.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH
Relevância na Pesquisa
47.31%
The binding of tariff rates and adoption of the General Agreement on Tariffs and Trade/World Trade Organization-sanctioned safeguards and antidumping mechanisms provided the basis to remove a multitude of instruments of protection in the Latin American countries discussed in this paper. At the same time, they helped in maintaining centralized control over the management of pressures for protection in agencies with economy-wide accountabilities. The World Trade Organization's procedural requirements (for example, to follow published criteria, or participation by interested parties) helped leaders to change the culture of decision-making from one based on relationships to one based on objective criteria. However, when Latin American governments attempted to introduce economic sense - such as base price comparisons on an economically sensible measure of long-run international price rather than the more generous constructed cost concept that is the core of WTO rules - protection-seekers used the rules against them. They pointed out that World Trade Organization rules do not require the use of such criteria...

U.S. Antidumping : Much Ado About Zeroing

Bown, Chad P.; Prusa, Thomas J.
Fonte: Banco Mundial Publicador: Banco Mundial
Tipo: Publications & Research :: Policy Research Working Paper
ENGLISH
Relevância na Pesquisa
46.93%
The United States use of "zeroing" in its antidumping procedures has become a political flash point threatening some legitimacy of the WTO's dispute settlement system. This paper provides a positive analysis of the zeroing issue, explains how it has evolved and who is likely to be affected by it. The authors use economic theory to identify how export price volatility accentuates the impact of zeroing on the size of U.S. antidumping tariffs and review the WTO caseload over zeroing. They describe the impact that the U.S.'s retrospective system for assessing antidumping margins has on zeroing and the political economy implications as the U.S. struggles to generate policy reform. The authors survey existing evidence of the impact of the zeroing on dumping margins and contribute their own evidence to suggest that zeroing is just as likely to impact the size of U.S. antidumping duties applied on developing country exports as developed economy exports. Thus while developed economies have filed the vast majority of WTO disputes against the U.S. over zeroing...

The Pattern of Antidumping and Other Types of Contingent Protection

Bown, Chad P.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
ENGLISH
Relevância na Pesquisa
36.87%
Many of the major economies in the multilateral, rules-based trading system find themselves in a situation in which their applied tariff rates are quite close to the tariff binding levels that form their legal commitments at the World Trade Organization (WTO). This implies that they cannot simply raise applied tariff rates to respond to domestic industry demands for additional trade barriers to protect them from imports. One of the fundamental and potentially WTO-legal ways in which national governments can respond to domestic industry calls for additional protection from imports is by resorting to trade 'remedy' policy instruments such as antidumping, safeguards, and countervailing duty (anti-subsidy) policies. This note, which describes newly collected data made available through the World Bank-sponsored global antidumping database, reports on the combined use of such policies, comprehensively collected across the major WTO member economies.

U.S.-China Solar Trade War: Economic and Political Implications of the 2012 and 2014 Antidumping Disputes

Darby, Marta
Fonte: Universidade Duke Publicador: Universidade Duke
Tipo: Masters' project
Publicado em 08/12/2014
Relevância na Pesquisa
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Following the 2011 flood of Chinese solar photovoltaic (PV) panels, SolarWorld and a conglomerate of six unnamed U.S. solar cell and module manufacturers filed a lawsuit in October 2011 against Chinese producers alleging that they were receiving unfair government subsidies and were selling their products into the U.S. market for less than fair market value. The artificially low-priced solar products, SolarWorld explained, would materially harm the U.S. solar manufacturing industry, an industry that already was struggling. By mid-2012, the U.S. Department of Commerce (USDOC) and U.S. International Trade Commission (USITC) had imposed preliminary duties ranging from 31% to 250% on Chinese solar cells and the modules that contained them; ultimately, the agencies affirmed these duties in November 2012. The dispute divided the U.S. solar industry. Manufacturers argued that the duties were necessary to protect U.S. manufacturing, jobs, and fair competition. Meanwhile, U.S. installers claimed that the duties would put the brakes on the installation sector and the many jobs it promised. Still others surmised that the duties would have little effect. After all, Chinese producers had an easy out: thanks to the solar cell loophole, they could simply produce modules with foreign solar cells and ship them into the U.S. market duty free. This analysis explores how the antidumping dispute may have shaped the U.S. import market and the U.S. industry...