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WTO – Law 6. Trade Remedies. Trade Remedies. History AD Law. US Cartel Law Price Discrimination Predatory Pricing GATT Law Price Discrimination from abroad Reduction : only with material injury AD Law Price Discrimination International Aspect Material Injury Sources - PowerPoint PPT Presentation
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Trade Remedies
WTO – Law 6
Trade Remedies
D u m p ing S u b sid ies S a feg ua rds
T ra d e R e m e d ies
US Cartel LawPrice DiscriminationPredatory Pricing
GATT LawPrice Discrimination from abroadReduction: only with material injury
AD LawPrice Discrimination International AspectMaterial Injury
SourcesArt. VI and XVI GATTAntidumping Agreement (AD) of the WTO
History AD Law
DumpingMaterial InjuryCausationAD Investigation and determination
Antidumping Measures: Prerequisites
Normal Value – Export Price = Dumping margin
Dumping
If positive: Dumping
Price in the domestic market (= home market method)Sale in the ordinary course of tradeOf like productsDestined for consumption in the exporting countryComparable Price of the like products
If not in the ordinary course of tradePrice in third countries (= third country method)Price constructed by adding costs (= constructed cost
method)
Normal Value (2 ADA)
Ordinary Export PriceSale in the ordinary course of tradeOf like productsDestined for consumption in the exporting countryComparable Price of the like products
If not in the ordinary course of tradeConstructed export price
Export Price (2 ADA)
Independant partners of a sales transactionExceptions
Affiliated companies (arms length transactions)Low volume or absence of tradeSales below costNon-market economies
Ordinary course of trade
Normal value vs. Export PriceComparison methods
Weighted average of both pricesTransaction-to-transaction comparison of both pricesMixed method (2.4.2)
Weighted average normal valueTo individual export prices
Price comparison
Article 5 (initiation and subsequent investigation) Article 6 (rights of the parties)Article 12 (requirements to decisions of the
authorities) Article 13 (opening of a judicial review)Recommendation Concerning the Periods of Data
Collection for Anti-Dumping Investigation (G/ADP/6 v. 29.10.98): normally between 6 and 12 months
Antidumping Investigation
Definitive AD duties (art. 9)Provisional Measures (art. 7)Accepting Price undertakings (art. 8)
AD Measures
SourcesArt. VI and XVI GATTSCMA of the WTO
Subsidies Law
Financial Contribution of a StateOr import or price supportSpecificityConferring a benefit
Subsidy
Status of Subsidies
Prohibited SubsidiesExport SubsidiesImport Substitution Subsidies
Actionable SubsidiesAll other specific subsidies
Non-actionable SubsidiesNon-specific subsidiesResearchRegionsEnvironment
Not prohibitedSpecificAdverse effects
Material InjuryOr threat of material injuryOr material retardation of the establishment of an industry
Nullification or impairment of benefits under GATTSerious prejudice or threat thereof
To the domestic industry of another member
Actionable Subsidies
Prohibited SubsidiesDSU procedure with special rules (4 SCMA)
Actionable SubsidiesTrack 1 – DSU procedure with special rules (7 SCMA)Track 2 – National Countervailing Duties procedures
Non-actionable SubsidiesConsultationsAuthorized Remedies (9 SCMA)
Remedies
Provisional measures after preliminary findings
Voluntary undertakingsDefinitive CVDs after definitive findings
Results
Unforeseen developmentsEffect of the obligations under GATTImported productsIn the importing or a requesting other member stateIn increased quantities
Absolute or relativeCausing or threatening serious injuryTo a domestic industryOf like or directly competitive products
Requirements of Safeguards (XIX GATT)
Necessity to prevent or remedy injury
Suspension of the obligation in whole or in part
Withdrawal or modification of concessions
Safeguards
Duty to maintain level of concessionsNegotiations
Agreement on compensationUnilateral suspension after 30 daysCountermeasures as compensation
Waiting period 3 yearsIf safeguard results from and absolute increase in importsAnd is in conformity with SCMA
Compensation (8)
Parallelism
Member states may be excluded from safeguardsIf they have not been considered when calculating serious
injury
Customs Union
Direct or indirect safeguardsLimits
NecessaryMost suitableExpressly justified
Exclusivity (11)Surveillance
Safeguard Measures
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