Introduction The significance of the WTO for anti-dumping Anti-Dumping in the global context The impact of new users The relationship between national legislation and the WTO agreement How to use the Global Anti-Dumping Manual Globalisation of anti-dumping Main trends in global anti-dumping activity Who are the main users and targets? ‘Success rates’ of anti-dumping investigations Sectors most affect by anti-dumping Substance of the WTO anti-dumping agreement Summary of the main requirements of the WTO AD agreement. Panel & Appellate Body reports interpreting the agreement Dumping Concept and definition of dumping Elements of the dumping calculation Normal Value The importance of cost of production Situations where domestic prices may not be used Related sales No domestic sales Insufficient domestic sales - 5% test Sales not in the ordinary course of trade Particular market situation Alternative methods of determining normal value Non-market economies or economies in transition Export price Definition Level of export price (delivered, CIF, FOB or ex works) Related sales Constructed export price Export prices for non-market economies Comparison and adjustments Fair comparison Average export price or transaction by transaction? Zeroing Allowances and adjustments Currency conversions Burden of proof for obtaining adjustments Negligible dumping margin Practical examples of dumping calculations Summary table of rules on establishing normal value Injury Concepts of injury Like product Determination of injury Cumulation Volume of dumped imports Effect on prices Impact on domestic industry What is the domestic industry for the purpose of the injury analysis? Threat of injury and material retardation Negligible injury A margin of injury? Causal link Causal link between dumped imports and injury Non-attribution of injury caused by other factors Public interest Procedural aspects of the WTO anti-dumping agreement Panel & Appellate Body reports interpreting the procedural aspects of the agreement Institutions Complaint and initiation Questionnaire and verification Confidentiality Transparency Time limits Provisional and definitive duties The lesser duty rule Issues that can arise during the period of anti-dumping measures Absorption Circumvention Suspension Refunds Reviews Newcomers Interim reviews Expiry reviews (sunset) Challenging anti-dumping measures WTO dispute settlement Judicial review in national courts Standard of review and the feasibility of challenging complex calculations Anti-Dumping and Complaining Industries/Petitioners When do industries make dumping complaints? The requirements of an AD complaint Major proportion of industry Companies excluded from making a complaint Product definition is crucial How do you establish dumping? How do you establish injury and causal link? A three stage strategy for making anti-dumping complaints. What is the role of the complainant during the investigation? Anti-Dumping & Exporters How to avoid accusations of unfair pricing The basic concept of dumping Practical strategies to avoid dumping Strategies to identify the risk of being involved in an anti-dumping investigation. What happens during an investigation and how can exporters best defend their interests? Complaint and initiation Questionnaire and verification Is it obligatory to complete a questionnaire? Provisional and definitive measures Issues following the imposition of anti-dumping measures. Anti-Dumping & Investigating Authorities Setting up an anti-dumping unit One institution (e.g EU) or two (e.g. US)? Checking consistency of legislation with WTO rules Providing information on law, practice and procedures. Complaint process When do complaints contain ‘sufficient evidence’? Initiation Deciding on an investigation period What information should be provided during investigations? Verification Provisional and definitive anti-dumping measures Issues that can arise during the period of anti-dumping measures. Substance – Dumping Can anti-dumping authorities still use zeroing? Substance – Injury & Causal Link. Optional elements Public interest test? Lesser duty rule Anti-Dumping & Importers, Users, Retailers & Consumers WTO recognition of importing/consuming interests Role of importers in the investigation? What impact can users, retailers and consumers have on AD investigations? The politics of anti-dumping Public interest tests Please note that these are only indicative issues that will be covered by the book. When completed, the book will contain all of the above and more
Introduction The significance of the WTO for anti-dumping Anti-Dumping in the global context The impact of new users The relationship between national legislation and the WTO agreement How to use the Global Anti-Dumping Manual Globalisation of anti-dumping Main trends in global anti-dumping activity Who are the main users and targets? ‘Success rates’ of anti-dumping investigations Sectors most affect by anti-dumping Substance of the WTO anti-dumping agreement Summary of the main requirements of the WTO AD agreement. Panel & Appellate Body reports interpreting the agreement Dumping
Injury
Causal link
Public interest Procedural aspects of the WTO anti-dumping agreement Panel & Appellate Body reports interpreting the procedural aspects of the agreement Institutions Complaint and initiation Questionnaire and verification Confidentiality Transparency Time limits Provisional and definitive duties The lesser duty rule Issues that can arise during the period of anti-dumping measures
Reviews
Challenging anti-dumping measures WTO dispute settlement Judicial review in national courts Standard of review and the feasibility of challenging complex calculations Anti-Dumping and Complaining Industries/Petitioners When do industries make dumping complaints? The requirements of an AD complaint Major proportion of industry Companies excluded from making a complaint Product definition is crucial How do you establish dumping? How do you establish injury and causal link? A three stage strategy for making anti-dumping complaints. What is the role of the complainant during the investigation? Anti-Dumping & Exporters How to avoid accusations of unfair pricing The basic concept of dumping Practical strategies to avoid dumping Strategies to identify the risk of being involved in an anti-dumping investigation. What happens during an investigation and how can exporters best defend their interests? Complaint and initiation Questionnaire and verification Is it obligatory to complete a questionnaire? Provisional and definitive measures Issues following the imposition of anti-dumping measures. Anti-Dumping & Investigating Authorities Setting up an anti-dumping unit One institution (e.g EU) or two (e.g. US)? Checking consistency of legislation with WTO rules Providing information on law, practice and procedures. Complaint process When do complaints contain ‘sufficient evidence’? Initiation Deciding on an investigation period What information should be provided during investigations? Verification Provisional and definitive anti-dumping measures Issues that can arise during the period of anti-dumping measures. Substance – Dumping Can anti-dumping authorities still use zeroing? Substance – Injury & Causal Link. Optional elements
Anti-Dumping & Importers, Users, Retailers & Consumers WTO recognition of importing/consuming interests Role of importers in the investigation? What impact can users, retailers and consumers have on AD investigations? The politics of anti-dumping Public interest tests Please note that these are only indicative issues that will be covered by the book. When completed, the book will contain all of the above and more
