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Recognition and regulation of anti-dumping measures under GATT/WTO

By: Contributor(s):
Publication details: Lucknow Eastern Book Co. 2004Description: 494p xviiISBN:
  • 9788170128161
Subject(s): DDC classification:
  • 341.754300 RAI
Contents:
Table Of Contents: TABLE OF CASES Introduction Anti-dumping : A conceptual analysis 1 Why do firms dump 2 Are Anti-dumping measures opposed to competitive market economy 6 Object of the present study 12 I. Determination of dumping I. Export price should be less than normal value 14 1. Normal value 15 2. Export price 39 3. Comparison 42 Currency conversion 65 II. Ordinary course of trade 71 III. Like product 83. Suggestions for future 87 II. Determination of injury I. Injury 96 1. Positive evidence and objective examination 2. Volume of dumped imports 115 3. Effect of the dumped imports on prices 118 4. Consequential impact of dumped imports on domestic industry 125 II. Injury caused by dumped imports 148 III. Injury caused to the domestic industry 173 Threat of material injury 187 Material retardation in the establishment of industry 197 III. Investigation I. Initiation of investigation 202 1.Written application by or on behalf of the domestic industry 205 2. Evidence and information to be provided in the application 215 3. Examination of adequacy and accuracy of the information by authorities 227 4. Notification to the government of exporting member 240 5. Application to be rejected if injury is negligible 247 II. Conduct of investigation 247 1. Notice of initiation 247 2. Collection of information and evidence by the authorities 253 3. Verification of information 276 4. Duty to disclose and the condition of confidentiality 281 5. Confidential information 292 6. Sampling in case of large numbers 297 7. Period of investigation 307 8. Defence of interests 310 Conclusion of investigation Withdrawal of applications and termination of investigation 318 Public notices 321 1. Public notice of preliminary or final determination, etc. 3211 2. Public notice of conclusion or suspension of an investigation 321 IV. Remedies I. Price undertakings not to dump 323 II. Provisional measures 329 III. Anti-dumping duties 333 1. Residual duty 337 2. Non-discrimination in imposing duties 338 3. Rule regarding retroactivity 338 4. Prospective and retrospective assessment 349 5. Public notice 350 6. Burden of anti-dumping duty 7. Anti-circumvention duties 350 V. Revocation and review of the Anti-dumping duty I. Provision for review and revocation before the Uruguay Round Code 335 II. Provision regarding review and revocation under the Uruguay Round Code 357 III. Review of provisional measures 369 IV. Review of price undertakings VI. Dispute settlement The WTO and Anti-dumping actions of members 372 I. Review of Anti-dumping measures taken by members 372 II. Consultations and mutually agreed solution 373 III. Dispute settlement 375 IV. Arbitration 390 VII. Anti-dumping and developing countries VIII. Conclusion Annexures A I. Article VI of GATT 1994: Anti-dumping and countervailing duties 427 II. 1967 Anti-dumping Code: Agreement on Implementation of Article VI of the GATT 430 III. 1979 Anti-dumping Code: Agreement on Implementation of Article VI of the GATT 442 IV. 1994 Anti-dumping Agreement: Agreement on Implementation of Article VI of the GATT 459 SUBJECT INDEX
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Table Of Contents:
TABLE OF CASES
Introduction

Anti-dumping : A conceptual analysis 1
Why do firms dump 2
Are Anti-dumping measures opposed to competitive
market economy 6
Object of the present study 12
I. Determination of dumping
I. Export price should be less than normal value 14
1. Normal value 15
2. Export price 39
3. Comparison 42
Currency conversion 65
II. Ordinary course of trade 71
III. Like product 83.
Suggestions for future 87
II. Determination of injury
I. Injury 96
1. Positive evidence and objective examination
2. Volume of dumped imports 115
3. Effect of the dumped imports on prices 118
4. Consequential impact of dumped imports
on domestic industry 125
II. Injury caused by dumped imports 148
III. Injury caused to the domestic industry 173
Threat of material injury 187
Material retardation in the establishment of industry 197
III. Investigation
I. Initiation of investigation 202
1.Written application by or on behalf of the
domestic industry 205
2. Evidence and information to be provided in
the application 215
3. Examination of adequacy and accuracy
of the information by authorities 227
4. Notification to the government of exporting member 240
5. Application to be rejected if injury is negligible 247
II. Conduct of investigation 247
1. Notice of initiation 247
2. Collection of information and evidence
by the authorities 253
3. Verification of information 276
4. Duty to disclose and the condition of confidentiality 281
5. Confidential information 292
6. Sampling in case of large numbers 297
7. Period of investigation 307
8. Defence of interests 310
Conclusion of investigation
Withdrawal of applications and termination
of investigation 318
Public notices 321
1. Public notice of preliminary or final
determination, etc. 3211
2. Public notice of conclusion or suspension
of an investigation 321
IV. Remedies
I. Price undertakings not to dump 323
II. Provisional measures 329
III. Anti-dumping duties 333
1. Residual duty 337
2. Non-discrimination in imposing duties 338
3. Rule regarding retroactivity 338
4. Prospective and retrospective assessment 349
5. Public notice 350
6. Burden of anti-dumping duty
7. Anti-circumvention duties 350
V. Revocation and review of the Anti-dumping duty
I. Provision for review and revocation before
the Uruguay Round Code 335
II. Provision regarding review and revocation
under the Uruguay Round Code 357
III. Review of provisional measures 369
IV. Review of price undertakings
VI. Dispute settlement
The WTO and Anti-dumping actions of members 372
I. Review of Anti-dumping measures taken by members 372
II. Consultations and mutually agreed solution 373
III. Dispute settlement 375
IV. Arbitration 390
VII. Anti-dumping and developing countries
VIII. Conclusion
Annexures A
I. Article VI of GATT 1994: Anti-dumping
and countervailing duties 427
II. 1967 Anti-dumping Code: Agreement on
Implementation of Article VI of the GATT 430
III. 1979 Anti-dumping Code: Agreement on
Implementation of Article VI of the GATT 442
IV. 1994 Anti-dumping Agreement: Agreement on
Implementation of Article VI of the GATT 459
SUBJECT INDEX