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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
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47.25%
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...

The Global Resort to Antidumping, Safeguards, and other Trade Remedies amidst the Economic Crisis

Bown, Chad P.
Fonte: Banco Mundial Publicador: Banco Mundial
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This paper examines newly available data from the World Bank-sponsored Global Antidumping Database tracking the worldwide use of trade remedies such as antidumping, countervailing duties, global safeguards and China-specific safeguards during the current economic crisis. The data indicate a marked increase in WTO members combined resort to these instruments beginning in 2008 that continued into the first quarter 2009. The use of these import-restricting instruments is increasingly affecting "South-South" trade, i.e., developing country importers initiating and imposing new protectionist measures primarily affecting developing country exporters, with a special emphasis on exports from China. However, the collective value of imports in 2007 for the major (G-20) economies that has subsequently come under attack by the use of import-restricting trade remedies during the period of 2008 to early 2009 is likely less than $29 billion, or less than 0.45 per cent of these economies total imports, though there is substantial variation across countries. While the level of trade affected thus far may be small for most of these economies...

Antidumping and Safeguard Mechanisms : The Brazilian Experience, 1988-2003

Kume, Honorio; Piani, Guida
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
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57.32%
The authors focus on the evaluation of the antidumping regime from 1988 through 2003. During these years the Brazilian economy had to cope with several periods of macroeconomic instability and overvaluation of the domestic currency, particularly from 1990-92 and 1994-98. As a result, from 1992 through 1998, import volumes increased significantly. Although during these years, the demand for antidumping protection was growing, the number of investigations concluded with an affirmative determination was only 52 percent. The authors explain that the institutional framework in charge of administering the antidumping regime was subject to several reforms. Along this process, the Ministry of Development, Industry, and Trade saw its role strengthened. This ministry has a more protectionist bias than the Ministry of Finance that, during the initial years of the liberalization program, played a prominent role in decisions regarding antidumping investigations and measures. The authors conclude that in comparison with other countries that are important users of the antidumping mechanism, the Brazilian experience reveals two interesting features: 1) A relatively small rate of final positive determinations. 2) A tradition of applying antidumping duties in amounts that on average have been quite lower than the full dumping margins.

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
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47.3%
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.

Is Protectionism on the Rise? Assessing National Trade Policies during the Crisis of 2008

Kee, Hiau Looi; Neagu, Cristina; Nicita, Alessandro
Fonte: MIT Press Publicador: MIT Press
Tipo: Artigo de Revista Científica
EN_US
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This paper quantifies trade policy changes and the associated trade impacts for about 100 countries between 2008 and 2009. Results show that there has been no widespread increase in protectionism. Only a few countries, including Russia, Argentina, Turkey, and China, have increased tariffs on major imported products. The United States and the EU, by contrast, rely mainly on antidumping duties to shield domestic industries. Overall, while the rise in tariffs and antidumping duties may have jointly caused global trade to drop by US$43 billion, it explains less than 2% of the collapse in world trade during the crisis period.

Antidumping as Safeguard Policy

Finger, J. Michael; Ng, Francis; Wangchuk, Sonam
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
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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.

Antidumping and strategic industrial policy : tit-for-tat trade remedies and the China – x-ray equipment dispute

MOORE, Michael O.; WU, Mark
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
EN
Relevância na Pesquisa
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This article examines the relationship between antidumping duties and strategic industrial policy. We argue that the dynamic between the two instruments is more complex and elaborate than that offered by the conventional account. We use the recent China – X-Ray Equipment dispute as a case study to show that linkage between the two instruments may not be the consequence of a government-led policy but instead a result of firm-driven responses to an industrial policy. This in turn may lead to antidumping tit-for-tat behavior between WTO members. We also analyze how WTO litigation serves as a means to alter the payoff and discuss the implications and unresolved questions that remain following the China – X-Ray Equipment ruling by the WTO.

Revisiting procedure and precedent in the WTO : an analysis of "US : countervailing and anti-dumping measures (China)"

BESHKAR, Mostafa; CHILTON, Adam S.
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
EN
Relevância na Pesquisa
46.79%
After not applying countervailing duty (CVD) law against non-market economies (NMEs) for two decades, the United State opened a CVD investigation against China in 2006. After extensive litigation, a U.S. appeals court ruled that it was illegal to apply CVD law to NMEs. While that ruling was being appealed, the U.S. Congress passed legislation stipulating that the application of CVD law to NMEs starting in 2006 was legal. China challenged this legislation at the WTO. The dispute resulted in a ruling that left open the possibility that the legislation violated the GATT, as well as a finding that the United States must investigate its application of countervailing and antidumping duties against China. This dispute has implications for a number of current WTO debates including: whether Appellate Body rulings create binding precedent, whether the Appellate Body should have authority to remand cases, and what information should be required in panel requests.

Application of Safeguards and Anti-Dumping Duties in Colombia

Reina, Mauricio; Zuluaga, Sandra
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH
Relevância na Pesquisa
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Colombia's experience in the use of safeguards and antidumping duties differs from international trends. On the one hand, the number of investigations conducted is substantially lower than that recorded in most of the hemisphere's large and medium-size countries. On the other hand, while there is a growing international trend of more frequent use of antidumping as opposed to safeguards, in Colombia the safeguard process has been the more used policy instrument. Although several large and medium-size firms are familiar with the application of safeguards and antidumping duties, there is still a relative unfamiliarity regarding the instruments in most of the private sector. The institutional arrangements related to the investigations and the decisionmaking processes have proven to be stable and sound. The trade liberalization process in the country has created awareness of the importance of preserving the competitiveness of production chains to strengthen their insertion in international markets, which has restrained the authorities from restricting access to intermediate goods and raw materials. The evaluation of the Colombian experience also raises concerns about the potential discretional use of these instruments. The relatively intense use of safeguards and antidumping measures in some specific periods and sectors...

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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47.08%
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.

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
47.35%
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
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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
47.16%
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...

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
47.38%
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
47.3%
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...

Antidumping Mechanisms and Safeguards in Peru

Webb, Richard; Camminati, Josefina; Thorne, Raúl León
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH
Relevância na Pesquisa
57.18%
Peru's experience in the application of antidumping and safeguard measures is characterized by a radical change in the philosophy and procedures of trade at the beginning of the 1990s, and by an increasing use of these mechanisms. Trade liberalization was accompanied by the liberalization of foreign currency transactions and of financial and labor markets. Also, the internal revenue administration was modernized, institutions for regulation and competition defense were created, and state enterprises were transferred to private owners or concessionaires. New laws and institutions were created to regulate markets, including INDECOPI, a novel government agency charged with antimonopoly regulation and consumer defense, and which houses the Antidumping and Subsidies Commission. This highly autonomous and technical Commission became the central player in the implementation of WTO rules and procedures for fair trade. Since the reform was launched, a total of 81 trade protection cases have been presented, of which 57 were followed by a dumping investigation. The application of antidumping duties was approved for 29 of the cases investigated. Only two cases of safeguard investigations were recorded, one of which (Chinese textile clothing articles) is still in the negotiation phase. This paper reviews that case experience in detail...

Antidumping and Safeguard Measures in the Political Economy of Liberalization : The Mexican Case

de la Torre, Luz Elena Reyes; González, Jorge G.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH
Relevância na Pesquisa
47.02%
Mexico's creation and use of safeguard and antidumping processes to advance its liberalization illustrate three key points: (1) The country was able to use the instruments without losing political control. In a period of crisis that threatened congressional approval of critical steps in the liberalization-brought on by currency overvaluation and recession, along with unexpected demands from the United States in the North American Free Trade Agreement negotiations-the government applied a number of trade defense measures. Once the problems were addressed with adequate instruments the number of measures dropped drastically. The instruments had not been captured by protection-seeking interests; (2) The country adopted a liberalization-accepting measure of international norms. An important innovation that Mexico made operational was the use within World Trade Organization (WTO) rules of prevailing international prices as the measure of competition that industry was expected to meet. The WTO rules would also have allowed the use of other standards-as in traditional antidumping-using countries-that impose less discipline. Moreover, the Mexican standard was consistent with the government-industry understanding that though Mexican industry would be protected against extraordinary circumstances it would be expected to face up to international competition; (3) Political judgment and political courage are essential. While mastery of the technical elements of a safeguard or antidumping investigation is mandatory...

U.S. Contingent Protection against Honey Imports : Development Aspects and the Doha Round

Nogues, Julio J.
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
47.35%
On December 10, 2001 the U.S. Department of Commerce (DOC) imposed steep antidumping duties against honey imports from Argentina and China ranging from 32.6 percent to 183.8 percent, and a countervailing duty against Argentina of 5.9 percent. A previous antidumping investigation in 1995 ended with a suspension "agreement" that curtailed U.S. imports from China by around 30 percent. Millions of beekeepers around the world, most of them poor, make a living from honey production, and a free and competitive world market would help raise their standards of living. Nevertheless, the sequential pattern of increasing and widening protectionism followed by the United States, the world's top importer, to include successful exporters under the effects of its contingent protection measures sends a clear message that other countries should think twice before investing in expanding honey exports to the United States. In addition to looking into the trade effects of these contingent protection measures, the author concludes that under the regulatory arrangements of the DOC...