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Dissertations / Theses on the topic 'Antidumping duties'
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Osseiran, Marwan Hani. "Rethinking antidumping laws." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33057.
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This thesis evaluates the arguments for replacing antidumping laws with competition laws or, alternatively, for recasting antidumping laws in the pattern of competition laws.The work discusses the objectives and criteria used in antidumping and antitrust cases. It highlights the harmful and chilling effects of antidumping sanctions. It is a study of whether antidumping laws should be replaced by either supra national (Competition laws) or harmonised domestic antitrust regimes, which penalise international predatory pricing without at the same time penalising non-predatory international price discrimination.
It is suggested that progressive reforms of antidumping rules should become an agenda item of all future WTO Rounds and should focus on reconciling antidumping rules with antitrust treatment of predatory pricing practices.
The progressive inclusion of antitrust criteria into WTO antidumping laws should be made a condition for progress in future WTO negotiations.
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Cornelis, Joris. "The EU's anti-dumping policy towards China a discriminatory policy and unfair methodology? /." Click to view the E-thesis via HKUTO, 2005. http://sunzi.lib.hku.hk/hkuto/record/B3655084X.
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Duc, Nguyen Minh. "The catfish antidumping in perfect and imperfect competition and the role of aquaculture in farmers' happiness." Auburn, Ala., 2007. http://repo.lib.auburn.edu/07M%20Dissertations/NGUYEN_DUC_34.pdf.
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Brown, Andrew C. "How to respond to antidumping duties? Korea, United States, and the rest of the world /." Connect to this title online, 2005. http://hdl.handle.net/1811/336.
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Thesis (Honors)--Ohio State University, 2005.Title from first page of PDF file. Document formattted into pages: contains, 52 p.; also includes graphics. Includes bibliographical references (p. 32-33). Available online via Ohio State University's Knowledge Bank.
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Wang, Xi. "Importance of community interest in EU anti-dumping legislation and practice :lesson for China." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3525639.
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Li, Lei. "Community interest in the European antidumping law." Thesis, University of Macau, 2006. http://umaclib3.umac.mo/record=b1637074.
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Sağlam, Aziz İbrahim. "Three essays on international trade strategic trade policies, intra-industry trade, and income convergence /." Morgantown, W. Va. : [West Virginia University Libraries], 2006. https://eidr.wvu.edu/etd/documentdata.eTD?documentid=4602.
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Lu, Lu. "Anti-dumping actions against China : a comparison of European Community and Indian laws and policies." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b1951584.
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Cornelis, Joris. "The EU's anti-dumping policy towards China: adiscriminatory policy and unfair methodology?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2005. http://hub.hku.hk/bib/B3655084X.
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Kumru, Utku. "Essays on multinational firms strategic trade policy, exporting, and productivity /." Connect to Electronic Thesis (CONTENTdm), 2008. http://worldcat.org/oclc/454163224/viewonline.
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Al, Mdagho Almokhtar. "La notion de dommage causé par le dumping selon les accords de l'OMC." Thesis, Tours, 2014. http://www.theses.fr/2014TOUR1004/document.
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L’objet de cette recherche est d’examiner, selon les règles et la jurisprudence de l’OMC, la définition et le contenu du dommage causé par le dumping à une branche de production de l’industrie nationale. Cela nécessite, d’une part, d’établir les éléments qui entrent en ligne de compte dans le calcul du dommage ainsi que dans la détermination de l’existence de ce dommage, et d’autre part, d’identifier un lien de causalité entre le dommage subi et le dumping. Une fois ces éléments établis, les Membres de l’OMC sont autorisés à recourir à des mesures antidumping dont l’objectif est de neutraliser les effets dommageables du dumping et de rétablir l’équilibre dans le marché local. Par conséquent, dans le souci d’éviter que des mesures abusives soient mises en place, les mesures et leur modalité d’application sont prescrites par les règles de l’OMC. Elles sont au nombre de trois, à savoir les droits antidumping provisoires, les droits définitifs et l’engagement de prixThe purpose of this research is to examine, in accordance with WTO rules and case law, the definition and the content of the injury caused to one part of the domestic industry by dumping. This requires the need to establish the elements to be taken into account when determining then calculating the injury, and to identify a causal link between the injury suffered by the domestic industry and dumping. Once these elements have been established, WTO members are allowed to use anti-Dumping measures aimed at cancelling out the damaging effects of dumping and restoring balance in the local market. Therefore, with the view to avoiding abusive measures to be put in place, WTO rules prescribe three measures which are provisional anti-Dumping duties, definitive duties and price undertaking, as well as their conditions for application
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Zhang, Hong. "The study of EU's anti-dumping decision against China steel industry." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3953525.
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Laporta, José Luis. "The standard of review under the North American Free Trade Agreement Chapter 19, a comparative study with particular emphasis on the law of Mexico." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64287.pdf.
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戴祥. "WTO 反傾銷程序及其證據規則研究." Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1879856.
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DeVault, James M. "The efficacy of antidumping duties." 1990. http://catalog.hathitrust.org/api/volumes/oclc/22576473.html.
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Thesis (Ph. D.)--University of Wisconsin--Madison, 1990.Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 146-149).
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Crowley, Meredith A. "Essays on antidumping duties, countervailing duties and safeguard tariffs." 2001. http://www.library.wisc.edu/databases/connect/dissertations.html.
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Lu, Hui-ling, and 陸惠玲. "The Optimum Antidumping Duties of Product Differentiation." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/04860377180125251223.
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碩士國立中正大學
國際經濟研究所
86
This paper uses a duopoly model to dumping problem, especially when the for- ign and domestic firm produce different quality product. We want to knon:(1)When domestic courtry faces foreign firm''s dumping , the domestic goverment sho-uld have a tax? (2)When the difference of quality becomes bigger,the domestic goverment should have a higher tax? We find:(1) Whatever the domestic product is high or low quality,the domesticgoverment should have a tax when we face a dumping.(2) When the difference of qu-ality becomes bigger,the domestic goverment should have a larger tax. But the domestic goverment should a higher tax when the domestic product is low qalitythan high qality.
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周育生. "The optimum antidumping duties of product differentiation." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/75759924104968838060.
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碩士國立政治大學
行政管理碩士學程
93
The mercantilist emphasis on expanding exports while restricting imports, coupled with the expansion of productivity seen following the industrial revolution, led to the proliferation of dumping trade practices around the world. “Dumping” has been a formally-recognized and widespread phenomenon in global trade since the 1970s. Against this, national governments have also been quick to implement countervailing laws and legislation. Anti-dumping legislation has been at the fore of international trade discussions since the General Agreement on Trade and Tariffs (GATT) was established. This paper addresses the issue of how countervailing duties may be most effectively assessed in situations where a national product that is not completely substitutable by import competitors suffers sustained competition from imports dumped on the market. To achieve this objective, our research examines the effects on competition that result from the manufacturer of the national product adopting, respectively, Cournot volume and Bertrand pricing strategies. The result shows that, when a volume strategy is adopted, home government imposition of countervailing duties will be able to maximize social benefit when either domestic and imported (dumped) products share a similar substitutability ratio or the substitutability ratio of the domestic product is greater than that of the imported competition. When a pricing strategy is adopted, the government is, conversely, not in a position to impose a countervailing duty that will maximize social benefit.
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Nguyen, Dang –. Khoa, and 阮登科. "How U.S. Antidumping Duties Affect Revealed Comparative Advantages of Shrimp Exporting Countries?" Thesis, 2016. http://ndltd.ncl.edu.tw/handle/11962622328511751573.
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碩士國立中興大學
國際農學碩士學位學程
104
The main aim of this study attempts to explore the status of trade comparativeness among each seven shrimp exporting countries (Vietnam, China, Thailand, Ecuador, India, Indonesia and Mexico) with the U.S. Furthermore, this study is to investigate how the U.S. antidumping petitions impact the bilateral revealed comparative advantage indexes (RCA) among each seven shrimp exporting countries with the U.S. In addition, the other purpose of this study is to capture whether other factors influence the RCA. The other factors are in terms of price, exchange rate, U.S. income per capita, shrimp disease and seasonality. In order to achieve the goals, the procedure of computational approach is developed into two steps. The first one is to calculate the bilateral comparative advantage index (RCA) between each seven major shrimp exporting countries and the U.S. Next, the second step is an econometric approach that the panel data model is employed in order to investigate how the U.S. antidumping policy and other market factors affect the bilateral comparative advantage status. All observation data is in month basis and range from Jan 2003 to Dec 2014. The computed result from step one shows that the seven shrimp exporting countries strongly possess superior competitiveness against the U.S. within shrimp market inside the U.S. According to the panel data model, the empirical results indicate that the RCA indexes are significantly negatively influenced by shrimp prices and positive impact by U.S. income per capita. Moreover, regarding seasonality effects, the RCA is negatively affected when shrimp traded in quarter 2 and 3 (Q2 and Q3) in comparison to that in quarter 1 and 4 (Q1 and Q4). On the contrary, the EMS (Early Mortality Syndrome) shrimp disease, domestic U.S. shrimp quantity and exchange rate have no significance impacts on the RCA indexes. Furthermore, the U. S antidumping laws have no significance impacts on the RCA indexes. In terms of policy implications, the U.S. had better to encourage research and development activities in order to reduce production cost of shrimp instead of the antidumping actions. The shrimp exporting countries should maintain the comparative advantage and diversify into new markets.
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黃孟瑩. "An analysis the economic effects of imposing antidumping duties of towel industry." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/79197866835239672347.
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Oh, Sang myon. "Essays on dumping and the effects of antidumping laws." Phd thesis, 1994. http://hdl.handle.net/1885/128761.
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The dissertation addresses various issues related to dumping and antidumping laws
(ADL). It consists of five independent essays including one chapter of literature survey.
Chapter 2 provides a literature survey on dumping and the effects of ADL. We analyse
the results of previous studies and illustrate that excessive AD actions, rather than
dumping itself, cause problems in international trade. We argue that such trade-chilling
practices should be constrained through changes in the current AD system and
international cooperation on AD matters. In chapter 3, we examine the effects of ADL
on firm reaction. We illustrate various potential outcomes including the cases where the
exporter specialises in a more profitable market and when the exporter relocates its
export facility to the export market. In a two-period context we analyse the factors that
affect the degree of reactions of frrms under ADL. We argue that the popular argument
for a strict AD measure which generates tariff revenues may become less convincing in a
two-period model. We also address the problems associated with the loose injury
criteria in ADL. We show that, when the injury criteria are seen to be manipulable by
firms, firms may exhibit perverse reactions to create future protection. In chapter 4 we
analyse the effect of ADL in an industry with a learning-by-doing effect. Interestingly,
while ADL is detrimental to the social welfare of the ADL-enforcing country when
below-cost dumping occurs, it may be welfare-improving when below-cost dumping
does not occur. This is so because ADL changes the rule of competition between frrms.
But, such gains under ADL may be dissipated by the 'normal profit' provision in ADL.
By introducing uncertainty into the model, we show that uncertainty rather than unfair
trade practices by the foreign country (closed market) may have caused the soft entry of
the foreign firm into the home market. In addition to the problems arising from the
asymmetric application of competition rule under ADL, this result casts doubts on the
legitimacy of the US trade policy on semi-conductor trade with Japan. In chapter 5, we
address the problems associated with the frequently observed AD actions by domestic
input producers. It is well known that the imposition of AD duties on imported inputs will generate conflict with national interest because final good producers will lose
competitiveness due to the higher input price. Using the results of vertical equilibrium in
successive oligopolistic markets, we analyse the strategic aspect of the threat of vertical
integration in detennining AD actions by input producers. It turns out that the possibility
of vertical integration working as a deterrent to AD actions is limited to cases where the
market share of imports and/or the AD tariff rates are low. However the social cost of
AD actions arising from the imposition of AD duties may be reduced through an
increase in the number of vertically integrated firms if the cost of vertical integration is
not too high. Therefore, there exists conflict between ADL and antitrust laws when
vertical integration becomes difficult due to the high cost of vertical integration (strict
antitrust laws). Finally, in chapter 6, we ask why ADL is preferred to free trade as a
trade policy among countries. The nature of the political support function (whether the
government is impartial or extreme protectionist) and/or the size of transportation cost
are the critical factors which detennine the choice of trade policy of governments. Our
results suggest that, given the prevalence of AD actions across industries regardless of
the size of transportation cost, political pressure by industries seems to be the driving
force which detennines the choice of trade policy. Surprisingly, countries are always
made better off by an AD war due to the reduction of waste (transportation cost). Also,
we find that the cooperative Nash equilibrium AD duty rates are always lower than the
non-cooperative Nash equilibrium AD duty rates. This result suggests that countries can
improve social welfare through negotiations on AD matters.
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Marshall, Kevin Scott. "Administered protection the political economy of U.S. countervailing duty and antidumping regulation /." 1993. http://catalog.hathitrust.org/api/volumes/oclc/33094079.html.
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KALIBINUER, Keyimu. "EFFECT AND EFFICIENCY OF UNILATERAL POLICY ON TRADE: ANTIDUMPING AND COUNTERVAILING DUTIES AGAINST CHINA’S SUBSIDIZED EXPORTS." Thesis, 2013. http://hdl.handle.net/2237/18209.
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Laporta, José Luis. "The standard of review under the North American Free Trade Agreement Chapter 19 a comparative study with particular emphasis on the law of Mexico /." 1999. http://catalog.hathitrust.org/api/volumes/oclc/51929973.html.
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"The Application of Anti-dumping and Countervailing Measures in Australia." University of Technology, Sydney. Faculty of Law, 1996. http://hdl.handle.net/2100/267.
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The application of anti-dumping and countervailing measures has always been controversial, particularly, as they do not address the issue of the level of local value added in the production process. Are these measures simply industry assistance measures under another guise, or are they to protect the 'fair trade' framework to further the opportunity for free trade? All the indications are that these measures reflect the former option. However, the global political climate as represented through the GATT and now the WTO Agreements is to tolerate the imposition of both anti-dumping and countervailing measures provided they are applied according to the provisions of the Agreements. It is becoming increasingly more difficult for any nation state to abolish the right of their 'guest' industries to obtain anti-dumping or countervailing relief, given the economic power of multinational industries operating within their boundaries. The practical issue is for each nation state to use these measures in a way which is of least detriment to their economy. Gruen in 1986 reviewed the application of the then Customs Tariff (Anti-Dumping) Act 1975, and found that there needed to be a tightening-up of the injury test applied to anti-dumping cases. It is recommended that Gruen's tougher injury standards be implemented forthwith. He also recommended a continuing role for the Industry Commission as the appeal body for a review of the facts, and for there to be a continuing assessment of the effects of the measures imposed. The government, however, created an Anti-Dumping Authority attached to the then Department of Industry Technology and Commerce (DITAC), whose member and officers came from that department. The principal function of this body was to review the preliminary decisions of Customs, and to recommend the imposition of duties or acceptance of an undertaking to the Minister. There was no provision for an independent review of facts. One of the results of the increased complexity of the existing process and consequently the law, is a large increase in litigation before the Federal Court. There is a need to simplify the administrative structure and the provisions of the domestic law. The latter should be accomplished by the incorporation of the provisions of the WTO Agreements directly into domestic law. The espoused policy objectives of the government have not been met. The application of anti-dumping and countervailing measures favour import competing industries, and are against countries from which imports are growing. Korea and China have been singled out, with these countries showing the highest incidence of import weighted of anti-dumping measures. They also happen to be countries with which Australia has a trade surplus, a policy factor which is neglected by the administering authorities. There is a need to redress this imbalance. Predation identified by the government as a reason for taking anti-dumping action, has been shown not to be a reason for the application of anti-dumping duties in Australia. As a small country, Australia should take advantage of the use of the WTO dispute settlement process in settling anti-dumping and countervailing disputes. Consultations should commence at the earliest possible stage in inquiries, with the view to the settlement of the dispute by trade negotiation so that the outcome can be beneficial to both parties. This may, for example, allow for the specialisation in production between the two Members. WTO dispute settlement is seen as a positive approach to dispute settlement, whereas the use of the domestic courts tends to elevate the dispute between the parties. The Department of Foreign Affairs and Trade needs to take a leadership role in settling all anti-dumping and countervailing actions through the WTO dispute settlement process, with a view to a positive outcome for both Members. Placing an anti-dumping import tax on intermediate products entering Australia is counter-productive, as it increases the cost of inputs to downstream users. Temporary relief should be given by way of production subsidy, if the matter cannot be resolved through WTO trade consultations.
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Sibanda, Omphemetse Stephen. "South African anti-dumping law and practice : a juridical and comparative analysis of procedural and substantive issues / Omphemetse Stephen Sibanda." Thesis, 2011. http://hdl.handle.net/10394/15814.
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This thesis addresses issues of anti-dumping law and practice from a critical
and juridical analysis position. In particular, the thesis seeks to determine
whether the South African anti-dumping regime is compliant with the anti-dumping
regime of the World Trade Organization (hereafter WTO), and to
consider possible solutions for addressing instances where the South African
law is not WTO compatible. The thesis departs from the hypothesis that the
WTO merely requires functional equivalence of the implementation of national
legislation on anti-dumping, and not the verbatim adoption of WTO
jurisprudence and relevant provisions of the Agreement on the Implementation
of Article VI of the General Agreement on Tariffs and Trade of 1994 (hereafter
URAA), into the legislation of State Parties. Some of the provisions of the URAA
are not completely clear, and are cast in convoluted and complicated technical
jargon, leaving loopholes that may be justifiably exploited by State Parties.
The study in this thesis was achieved through the critical analysis of legislation
and relevant legal documents, case law and contemporary literature. The
primary research paradigm used in this study is interpretive and analytical,
which is the same as qualitative research methodology. The legal comparative
research method, with a historical component, also played an important role in
this study.
The literature study undertaken and the critical analyses made of the South
African anti-dumping regime show mixed findings. The South African antidumping
regime was found to have both positive aspects and problematic
aspects when compared with WTO regulations. Some of the critical areas of the
South African anti-dumping regime are WTO compatible whilst others are not.
In some areas the South African anti-dumping regime has adopted functionally
equivalent provisions to the provisions of the WTO law. However, the practice of
the International Trade Administration Commission (ITAC) is sometimes fraught
with inconsistencies. The compatibility of the South African anti-dumping
system with the WTO regime came close to being examined by the WTO on 1
April 1999 in the dispute of South Africa - Anti-dumping
Duties on the Import of Certain Pharmaceutical Products from India based on
allegations that the method for calculating normal value used by the ITAC was
found to be inconsistent with the URAA. Similarly, the conformity of the
procedures and findings of the International Trade and Administration Act
(ITAA) in anti-dumping cases came under attack in the cases of Algorax v The
International Trade Administration Commission and others, and Scaw v The
International Trade Administration Commission and others, respectively.
Finally, the thesis ends with recommendations in response to the challenges
identified and key submissions made throughout the analysis. Key
recommendations include the broadening of the concept of interested parties to
include registered trade unions and trade union federations; introducing an
explicit and mandatory "public Interests" provision to ensure that South Africa's
anti-dumping administration is free from political trappings in the form of the
involvement of the Minister of Trade and Industry; introducing the new section
31 bis of the ADR in order to allow the initiation of anti-dumping petitions by a
registered trade union or trade union federation; providing procedural guidelines
for self-initiation of anti-dumping petitions by the ITAC; increasing transparency
in anti-dumping proceedings and enquires; setting realistic time-lines for all anti-dumping
processes and ensuring compliance with the same; improving the
institutional and functional capacity of the ITAC; amending section 18.3 of the
ADR to allow search and seizure operations pursuant to the provisions of the
Criminal Procedure Act 51 of 1977 and the Customs Act; having a clear
provision on verification visits confidentiality and a clear provision on producer
knowledge; introducing a clear provision in the ADR dealing explicitly with
zeroing pursuant to Article 2.4.3 (ii) of URAA; and the introduction of duty refund
procedures.
It is hoped that the recommendations made in this thesis, which are in the form
of suggested legislative interventions required to upgrade certain areas of South
African anti-dumping law and practice to be fully WTO compliant, will influence
the introduction of suitably crafted anti-dumping legislation in South Africa. It is
further hoped that the thesis will become an invaluable source of information for
practitioners and students, and a critical source on the best practice for the
imposition and implementation of anti-dumping measures. Moreover, the thesis
will add to the body of academic writing on South African anti-dumping law.Thesis (PhD.(Law) North-Wets University, Mafikeng Campus, 2011
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GIANNAKOPOULOS, Themistoklis K. "Rights and obligations of private parties in antitrust, merger, anti-dumping anti-subsidies and state aid cases." Doctoral thesis, 2000. http://hdl.handle.net/1814/4637.
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Defence date: 11 September 2000Examining board: Claus-Dieter Ehlermann (supervisor) ; Bruno De Witte ; Joseph Gilchrist ; Jacques Ziller
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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Hanauer, Luz Helena. "The interpretation and application of GATT's article XXIII to anti-dumping law and practice." Thesis, 2016. http://hdl.handle.net/10539/20478.
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Thesis (Ph.D.)--University of the Witwatersrand, Faculty of Commerce, Law and Management, School of LawThe research is divided in seven sections where the problem of the interpretation and applicability of Art XXIII GATT to the Laws and Practices under the Anti-Dumping Agreement is examined. Chapter I identifies the problems, raises the research question and gives an overview of the current state of the matters under observation. In Chapter II the general theory of interpretation is studied and subsequently applied to Art XXIII specifically, taking into account the meaning, scope, historical evolution and current interpretations of Art XXIII. Chapter III revises the theory of coherent interpretation of Art XXIII in connection with the Anti-Dumping Agreement specifically. The constitutional structure and principles of the WTO are questioned, dissected and supported to decant a handful of fundamental principles which shall inform the rest of the interpretation applied in the research. This chapter takes the interpretation from an abstract perspective to a material view of a coherent interpretation of both Art. XXIII and the Anti-Dumping Agreement. Chapter IV revises the facts, laws and practices of Anti-Dumping being used as a protectionist measure in disguise both using procedural and substantial arguments which are illustrated in the laws and practices of seven countries. The findings in Chapter IV lead to Chapter V which questions the legitimacy and validity of considering the possible applicability of Art XXIII to the anti-Dumping Agreement as it is currently implemented by the WTO membership. Those reflections lead to the consideration and mention of Competition as a public good in international trade in Chapter VI, which is a key element for the final findings of this research. The conclusion of this research is inclined to suggest that in order to keep the legal system of the WTO functional, a stronger economic constitutional approach that allows for the application of art XXIII in situations subversive to the principles of free trade is necessary. The adaptation of a theory of an economic constitution is proposed.
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Trask, Brandon Marshall. "Exchanging Approaches: Evaluating Methods to Counter Chinese Currency Undervaluation." Thesis, 2013. http://hdl.handle.net/1807/42959.
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I evaluate four possible approaches the United States may take to address China's practice of undervaluing the renminbi: 1) a challenge under Article XV of the GATT and the associated IMF provisions; 2) countervailing duties; 3) antidumping measures; and 4) safeguard measures. I conclude that the first three approaches are unlikely to succeed; there are a number of legal and political obstacles to the pursuit of these remedies. While the current WTO safeguards regime is likely insufficient, a new safeguards regime can--and should--be developed. I review and critique Dani Rodrik's proposal for a new safeguards regime and set out my own basic blueprint for a significantly expanded safeguards regime, emphasizing that flexibility in the realm of international trade law would help to secure overall stability in international trade itself. In order to be effective shock absorbers, safeguards must become far more flexible.