Antidumping and Subsidies Commission · 2019. 5. 30. · ANTI-DUMPING AND SUBSIDIES COMMISSION Centre of Excellence International Rules on Trade Remedies, Rules of Origin and Dispute

Antidumping and Subsidies Commission

Centre of Excellence

Course Syllabus

PROGRAMME: International Trade Law and Practice SUBJECTS: International Rules on Trade Remedies, Rules of Origin and Dispute Settlement 1.0 COURSE DESCRIPTION The course is designed to give participants expert knowledge of the rules under the World Trade Organization (WTO) in the essential areas of Trade Remedies, Rules of Origin and Dispute Settlement. It will provide a practitioner’s approach in the interpretation and application of these rules. Producers and their advisers including attorneys-at-law, economists and forensic accountants will be equipped with the necessary know-how to participate in trade remedies investigations. The course will enable practitioners and business persons to be active also in matters affecting businesses in relation to Rules of Origin and Dispute Settlement under the WTO. The course provides an overview of the legal structure and operation of the WTO, by focusing primarily on the legal texts and principles governing international trade between Members. This will include a robust understanding of the basic principles of Most Favoured Nation and National Treatment. Exceptions to the basic principles are introduced, an important one of which is Trade Remedies. This section explores the WTO rules on Trade Remedies, the corresponding legislative and administrative framework in Jamaica and the investigation process from the filing of complaints by industry to the determinations of the Anti-dumping and Subsidies Commission and imposition of duties. Participants will be exposed to illustrations of evidence required for trade remedies investigations and the methodologies used in the evaluation of the evidence. Focus will be placed on practical demonstration of antidumping, calculation of dumping margins, assessment of injury and causation. Subsidies and the calculation of per unit benefits will be examined to arrive at the levels of countervailing duties. The special case of Safeguards and the analysis of increased imports will be examined and illustrated. The course will provide practical exposure to the Rules of Origin in preferential trade agreements and the internal workings of the WTO Dispute Settlement Understanding and system, including procedures and enforcement.

ANTI-DUMPING AND SUBSIDIES COMMISSION Centre of Excellence International Rules on Trade Remedies, Rules of Origin and Dispute Settlement Course Syllabus

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2.0 CRITICAL LEARNING OUTCOMES/COMPETENCIES Upon the successful completion of the elements of the course “International Trade Rules: Trade Remedies, Rules of Origin and Dispute Settlement”, participants should have developed:

knowledge of the basic principles of the WTO;

competence in researching WTO law;

a critical awareness of the relevant provisions of the General Agreement on Tariffs and Trade (GATT) and the specialized WTO Agreements on Trade Remedies, Rules of Origin and Dispute Settlement:

o Agreement on the Interpretation of GATT Article VI (the Anti-dumping Agreement); o Agreement on Subsidies and Countervailing Measures Agreement (SCM Agreement);

and o Agreement on Safeguards. o Agreement on Rules of Origin o Understanding on Rules and Procedures Governing the Settlement of Disputes

the ability to advise how these particular parts of WTO law apply to fact situations;

the capacity to assess the reliability of sources and interpret relevant information on legal, economic and financial issues associated with trade remedies;

greater capacity for the application of trade remedies methodologies to solve problems;

an introduction to rules of origin and an understanding of their relevance to international trade; and

an understanding of the WTO dispute settlement system, its concepts, procedures and enforcement mechanisms.


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3.0 COURSE CONTENT MODULE 1: BASIC WTO PRINCIPLES AND EXCEPTIONS Learning Outcomes/Competencies

Upon completion of this module participants should be able to:

describe the objectives, functions and structure of the World Trade Organization explain the Basic Principles in the World Trade Organization distinguish between the Exceptions explain the role and functions of the Anti-dumping and Subsidies Commission

CONTENT

1.1 The World Trade Organization 1.1.1 Background 1.1.2 Objectives 1.1.3 Functions 1.1.4 Structure 1.2 Basic Principles in the World Trade Organization 1.2.1 Most-Favoured Nation 1.2.2 National Treatment 1.3 Exceptions 1.3.1 General 1.3.2 Specific Historical Preferences 1.3.3 Frontier Traffic 1.3.4 Security 1.3.5 Balance of Payments 1.3.6 Waivers 1.3.7 Regional Integration 1.3.8 Trade Remedies 1.4 The Anti-dumping and Subsidies Commission

1.4.1 Jamaica’s Trade Remedies Authority 1.4.2 Objectives

1.4.3 Functions 1.4.4 Structure


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Prescribed Readings:

1. Anti-dumping and Subsidies Commission (2014), Basic WTO Principles and Exceptions, Module 1, Presentation, Centre of Excellence

Additional Readings:

2. Training and Technical Cooperation (2010), Trade Remedies and the WTO, Modules 1 & 2, available at: http://ecampus.wto.org/admin/files/Course_246/CourseContents/TR-R2-E-Print.pdf

3. World Trade Organization, Understanding the WTO: The Organization, available at:

http://www.wto.org/english/thewto_e/whatis_e/tif_e/org1_e.htm MODULE 2: WTO RULES AND DOMESTIC IMPLEMENTATION - 3 hours Learning Outcomes/Competencies


demonstrate an understanding of the provisions of the Anti-dumping Agreement, the Agreement on Subsidies and Countervailing Measures and Agreement on Safeguards

explain the main elements of the Customs Duties (Dumping and Subsidies) Act, 1999 and companion Regulations

describe the procedural requirements of an anti-dumping investigation distinguish between the investigations done by the Anti-dumping and Subsidies Commission

CONTENT 2.1 Multilateral Legal Framework

2.1.1 The Anti-dumping Agreement 2.1.2 The Subsidies and Countervailing Measures Agreement

2.1.3 The Agreement on Safeguards 2.2 Domestic Legislative Framework

2.2.1 Customs Duties (Dumping and Subsidies) Act, 1999 2.2.2 Customs Duties (Dumping and Subsidies) (Determination of Fair Market Price,

Material Injury and Margin of Dumping) Regulations, 2000


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2.3 The Investigatory Process - Procedural Requirements and Timelines 2.3.1 Pre-Initiation

2.3.1.1 Properly Documented Complaint 2.3.1.2 Standing of the Domestic Industry 2.3.1.3 Like Goods Analysis 2.3.1.4 Evidence of Dumping, 2.3.1.5 Evidence of Injury 2.3.1.6 Causation

2.3.2 Initiation 2.3.3 Preliminary Determination and Application of Provisional Duties 2.3.4 Final Determination and Application of Definitive Duties

2.3.5 Notification Prescribed Readings

1. Anti-dumping and Subsidies Commission (2014), Basic WTO Principles and Exceptions, Module 2, Presentation, Centre of Excellence

2. Introduction to the Anti-dumping and Subsidies Commission, available at: http://jadsc.gov.jm/

3. World Trade Organization, Understanding the WTO: The Agreements, available at: http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm8_e.htm

MODULE 3: DUMPING AND ANTI-DUMPING MEASURES Learning Outcomes/Competencies


define dumping appraise the information and evidence received on dumping and injury demonstrate how dumping margins are calculated illustrate injury using the fifteen prescribed factors assess whether a causal link exists between injury and dumping.


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CONTENT

3.1 Definition of Dumping 3.2 Dumping Margin 3.1.1 Export Price 3.1.2 Normal Value 3.1.3 Fair Comparison of Normal Value and Export Price 3.1.4 Margin

3.1.4.1 De Minimis 3.2 Injury Analysis 3.2.1 Like Product 3.2.2 Domestic Industry 3.2.3 Injury Factors 3.3 Casual Link 3.3.1 Attribution 3.3.2 Non-attribution 3.4 Special and Differential Treatment for Developing Countries

3.5 Case Studies: Antidumping Investigations by the Commission


1. Anti-dumping and Subsidies Commission (2014), Dumping and Anti-Dumping Measures, Module 3, Presentation, Centre of Excellence

2. Training and Technical Cooperation (2010), Trade Remedies and the WTO, Module 4, available at: http://ecampus.wto.org/admin/files/Course_246/CourseContents/TR-R2-E-Print.pdf


3. World Trade Organization, Anti-Dumping: Technical Information, available at: http://www.wto.org/english/tratop_e/adp_e/adp_info_e.htm

4. World Trade Organization, WTO Analytical Index: Supplement Covering New Developments in

WTO Law and Practice October 2011 – August 2013, available at: http://www.wto.org/english/res_e/booksp_e/analytic_index_e/ai_new_dev_e.pdf


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5. Czako, Judith; Human, Johann & Miranda, Jorge (2003), Handbook of Anti-Dumping Investigations, World Trade Organization Press

MODULE 4: SUBSIDIES AND COUNTERVAILING MEASURES Learning Outcomes/Competencies


define subsidies describe the elements of a subsidy distinguish between an actionable and a prohibited subsidy evaluate the information and evidence received on subsidies and injury demonstrate ad valorem calculations of subsidies show injury using the fifteen prescribed factors assess whether a causal link exists between injury and subsidies.

CONTENT

4.1 Subsidies 4.1.1 Elements

4.1.1.1 Financial Contribution 4.1.1.2 Government/Public Body 4.1.1.3 Benefit 4.1.1.4 Specificity

4.2 Types of Subsidies 4.2.1 Prohibited 4.2.2 Actionable 4.2.2.1 Injury (same as dumping) 4.2.2.2 Nullification or Impairment of Benefits 4.2.2.3 Serious Prejudice

4.3 Subsidy per Unit 4.3.1 Subsidy 4.3.2 Selling Price 4.3.3 Ad Valorem

4.3.3.1 De Minimis


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4.5 Casual Link 4.5.1 Attribution 4.5.2 Non-attribution 4.6 Special and Differential Treatment for Developing Countries 4.7 Case Study: Summary Report on Subsidies in Trinidad & Tobago


1. Anti-dumping and Subsidies Commission (2014), Subsidies and Countervailing Measures, Module 4, Presentation, Centre of Excellence



3. World Trade Organization, Subsidies and Countervailing Measures: Overview, available at: http://www.wto.org/english/tratop_e/scm_e/subs_e.htm

4. World Trade Organization, WTO Analytical Index: Supplement Covering New Developments in

WTO Law and Practice October 2011 – August 2013, available at: http://www.wto.org/english/res_e/booksp_e/analytic_index_e/ai_new_dev_e.pdf

MODULE 5: SAFEGUARD MEASURES Learning Outcomes/Competencies


explain safeguard measures distinguish between general and sector specific safeguards. compute changes in the volume and value of imports determine injury and establish connection to increase(s) in imports

CONTENT

5.1 Safeguard Measures 5.2 Sector Specific Safeguard Measures


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5.2.1 Increased Imports 5.2.2 Serious Injury 5.2.3 Causal Link

5.3 Special and Differential Treatment for Developing Countries


1. Anti-dumping and Subsidies Commission (2014), Safeguard Measures, Module 5, Presentation, Centre of Excellence



3. World Trade Organization, Safeguard Measures: Technical Information, available at: http://www.wto.org/english/tratop_e/safeg_e/safeg_info_e.htm

4. World Trade Organization, WTO Analytical Index: Supplement Covering New Developments in WTO Law and Practice October 2011 – August 2013, available at: http://www.wto.org/english/res_e/booksp_e/analytic_index_e/ai_new_dev_e.pdf

MODULE 6: DISPUTE SETTLEMENT Learning Outcomes/Competencies


understand the history, law and practice of Dispute Settlement become familiar with the functions, objectives and key features of Dispute Settlement Describe the various stages of the Dispute Settlement process and the relationship between them

CONTENT

6.1 Dispute Settlement 6.1.1 The Dispute Settlement Understanding

6.1.2 Functions, Objectives and Key Features 6.1.3 Participants in the Dispute Settlement System


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6.1.4 Substantive Scope of the Dispute Settlement System

6.2 Access to WTO Dispute Settlement 6.2.1 Causes of Action 6.2.2 Involvement of Non-State Actor 6.3 Stages: WTO Dispute Settlement Case

6.3.1 Consultation 6.3.2 Panel Stage 6.3.2.1 Adoption of Panel Report 6.3.3 Appellate Review

6.3.3.1 Adoption of Report by the Dispute Settlement Body 6.3.4 Implementation or Non-Implementation 6.4 Special and Differential Treatment for Developing Countries Prescribed Readings:

1. Anti-dumping and Subsidies Commission (2014), Dispute Settlement, Module 6, Presentation, Centre of Excellence

2. World Trade Organization, Understanding the WTO: Settling Disputes, available at:

http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm


3. World Trade Organization, Dispute Settlement System Training Module, http://www.wto.org/english/tratop_e/dispu_e/disp_settlement_cbt_e/signin_e.htm

MODULE 7: INTRODUCTION TO RULES OF ORIGIN Learning Outcomes/Competencies


explain the elements of an origin regime outline the purpose and impact of Rules of Origin demonstrate an understanding of how the country of origin of a good is determined


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CONTENT

7.1 Rules of Origin 7.2 Elements of an Origin Regime 7.3 Purpose and Impact of Rules of Origin 7.4 Non-Preferential and Preferential Rules of Origin

7.5 Introduction to Methods Used to Determine Origin of a Good


1. Anti-dumping and Subsidies Commission (2014), Rules of Origin, Module 7, Presentation, Centre of Excellence

2. World Trade Organization, Technical Information on Rules of Origin, available at:

http://www.wto.org/english/tratop_e/roi_e/roi_info_e.htm

4.0 INSTRUCTIONAL/LEARNING APPROACHES

Presentations Group Discussions

5.0 SYLLABUS DEVELOPER

Technical Staff of the Anti-dumping and Subsidies Commission

Documents

Antidumping and Subsidies Commission · 2019. 5. 30. · ANTI-DUMPING AND SUBSIDIES COMMISSION Centre of Excellence International Rules on Trade Remedies, Rules of Origin and Dispute