Anti-dumping and Anti-subsidy: Claims, Measures and Stance

Course Contents, Concepts and Issues

Part 1: Trade and The Global Economy

Ø The Role of International Trade in Economic Development, Sustainability and Growth;

Ø Openness and Productivity;

Ø The World Trade Agreement (WTA) 1994;

Ø The Establishment of the World Trade Organization (WTO);

Ø Agreement Establishing the World Trade Organization;

Ø Article I - Establishment of the Organization;

Ø Article II - Scope of the World Trade Organisation (WTO); Ø Article III - Functions of the World Trade Organisation (WTO); Ø Article IV - Structure of the World Trade Organisation (WTO); Ø Article V - Relations with Other Organizations; Ø Article VI - The Secretariat; Ø Article VII - Budget and Contributions; Ø Article VIII - Status of the World Trade Organisation (WTO); Ø Article IX - Decision-Making; Ø Article X – Amendments; Ø Article XI - Original Membership; Ø Article XII – Accession; Ø Article XIII - Non-Application of Multilateral Trade Agreements between Particular Members; Ø Article XIV - Acceptance, Entry into Force and Deposit; Ø Article XV – Withdrawal; Ø Article XVI - Miscellaneous Provisions; Ø The Uruguay Round Protocol GATT 1994;

Ø Understanding the General Agreement on Tariffs and Trade (GATT);

Ø GATT's Relationship to Environmental Policy;

Ø World Trade Organisation (WTO) Agreement on Agriculture;

Ø World Trade Organisation (WTO) Agreement On Sanitary and Photo Sanitary Measures;

Ø World Trade Organisation (WTO) Agreement on Textiles and Clothing;

Ø World Trade Organisation (WTO) Agreement on Technical Barriers to Trade;

Ø World Trade Organisation (WTO) Agreement on Trade-Related Investment;

Ø World Trade Organisation (WTO) Agreement on Pre-Shipment Inspection;

Ø World Trade Organisation (WTO) Agreement on Rules of Origin;

Ø World Trade Organisation (WTO) Agreement on Import Licensing Procedures;

Ø World Trade Organisation (WTO) Agreement on Subsidies and Countervailing Measures;

Ø World Trade Organisation (WTO) Agreement on Government Procurement.

Part 2: Dumping Determination and Anti-Dumping Duty

Ø Defining “Dumping”;

Ø Determination for Calculation of Normal Value:

· Domestic Price:

Like Product;

Sales in the ordinary Course of Trade;

Insufficient Volume of Sales;

· Third Country Exports;

· Constructed Normal Value.

Ø Criterion for Imposing Anti-Dumping Measures;

Ø Calculation of Dumping Margin;

Ø Material Injury;

Ø Factors to be Considered in Making Determinations of Material Injury;

Ø Casual Link between the Material Injury and the Dumped Import;

Ø Investigation to Determine Imposition of Anti-Dumping Measure;

Ø Circumstances when Investigation will be Terminated;

Ø Imposition and Collection of Anti-Dumping Duties.

Part 3: Anti-Dumping Case: India vs. Mexico for the Importation of Acrylic Fibre

Ø Subject;

Ø Product Involve and Scope of Investigation;

Ø The Parties;

Ø Standing;

Ø India’s Claim:

· Like Goods;

· Dumping and Dumping Margin;

· Injury and Causal Link.

Ø Final Findings of the Ministry of Commerce of New Delhi:

· Product under Consideration;

· Like Articles;

· Dumping;

· Injury and Causal Link.

Ø Final Findings;

Ø Amount of Imposable Anti-Dumping Duty.

Part 4: Actionable Forms of Dumping and Its Effect

Ø Actionable Forms of Dumping:

· Predatory Dumping;

· Cyclical Dumping;

· Market Expansion Dumping;

· State-Trading Dumping;

· Strategic Dumping.

Ø Effects of Dumping on Original and Transhipment Countries and Domestic Countries;

Ø The Patriotism Instance: The British Flag Scenario;

Ø Europe and the World Trade Directorate;

Ø European Commission’s Investigation of Allegations of Injury to The EU Steel Industry, Caused by Subsidised Imports from India and Korea;

Ø Analysis the EU Findings:

· Were Other Imports To Blame?

· Does The Domestic Industry Suffer From Over Capacity?

Ø The UK Trade and Investment White Paper, ‘Making Globalisation a Force for Good’;

Ø Analytical Support for the Trade and Investment White Paper;

Ø The UK’s Response to the EU Commission’s Concern on the Anti-Subsidy.

Part 5: Anti-Subsidy (Countervailing) Determination and Countervailing Duties

Ø Defining ‘Subsidy’;

Ø Why Are Certain Subsidies Unfair?;

Ø Anti-Subsidy or Countervailing Duties;

Ø Forms and Rationalisation of Subsidies:

· Prohibited Subsidies;

· Actionable Subsidies.

Ø Remedies for Prohibited Subsidies;

Ø Serious Prejudice;

Ø Remedies for Actionable Subsidies;

Ø Non-Actionable Subsidies;

Ø Determination of Injury;

Ø Causal Link;

Ø Calculation on the Amount of Countervailable Subsidies;

Ø Imposition and Collection of Countervailing Duties;

Ø Duration and Review of Countervailing Duties and Undertakings

Ø Exemptions for Countervailing Duties

Part 6: Some Anti-Dumping Conclusions

Ø The Tendency of All Countries to Take Action to Protect the Interest of Their National Economies;

Ø The Necessitation of the Use of Subsidies and/or External Competition That Might Result In Dumping;

Ø Why the Same Countries That Are Against Dumping Are Themselves Engaged In Dumping;

Ø Credence in the UK’s Stance on Subsidy and Dumping – As Positive Factors of Globalisation;

Ø The World Is One Large Community, With Separate Economic ‘Pockets’;

Ø The Need for a Balance in Dumping – Antidumping Stance.

Part 7: Services and Off-shoring: The Impact of Increasing International Competition in Services

Ø What is the General Agreement on Trade in Services (GATS)?;

Ø The Aim of the General Agreement on Trade in Services (GATS);

Ø How Does General Agreement on Trade in Services (GATS) Work;

Ø Which Countries Participate;

Ø What Services are Covered;

Ø What Kind of Rule Does GATS Include;

Ø GATS and WTO;

Ø The Cancun WTO Ministerial Declaration;

Ø How GATS Is Viewed By the European Commission;

Ø GATS as an Instrument to Benefit Business";

Ø The Main Points of Critique of GATS;

Ø Are Developing Countries Marginalized By GATS?;

Ø GATS and National Security;

Ø International Infiltration and National Border Protection;

Ø The Case of Dubai Ports Authority and P&O Ferry.

Part 8: Anti-Dumping Remedy, The Sunset Review and Beyond

Ø Devising Effective Anti-Dumping Remedies;

Ø Focusing on WTO Provisions and Requirements;

Ø Data Recording Relevant to Countervailing Measures;

Ø Disseminating Information to Industrialists and Other Relevant Parties, Relevant to ADA and Their Role in Countervailing Measures Suspension and Sunset Review;

Ø Conducting a Sunset Review;

Ø Beyond The Sunset Review;

Ø What after Countervailing Measure Suspension;

Ø Formulating Anti-Dumping Policy and Strategy, Within the ADA.