Anti-dumping, subsidies, safeguards
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World Tariff Profiles 2014
World Tariff Profiles 2014 provides a unique collection of data on tariffs imposed by WTO members and other countries. It is jointly published by the WTO the International Trade Centre (ITC) and the UN Conference on Trade and Development (UNCTAD).The first part of the publication provides summary tables showing the average tariffs imposed by individual countries. The second part provides a more detailed table for each country listing the tariffs it imposes on imports (by product group) as well as the tariffs it faces for exports to major trading partners. The profiles show the maximum tariff rates that are legally “bound” in the WTO and the rates that countries actually apply. This edition of World Trade Profiles has anti-dumping measures as its special topic and includes a compilation of frequently asked questions.
Argentina - Measures Affecting the Importation of Goods
On 21 August 2012 Japan requested consultations with Argentina concerning certain measures imposed by Argentina on the importation of goods. Japan challenges: (i) the requirement to present for approval of a non-automatic import licence: Declaración Jurada Anticipada de Importación (DJAI); (ii) non-automatic licences required in the form of Certificados de Importación (CIs) for the importation of certain goods; (iii) requirements imposed on importers to undertake certain trade-restrictive commitments; and (iv) the alleged systematic delay in granting import approval or refusal to grant such approval or the grant of import approval subject to importers undertaking to comply with certain allegedly trade-restrictive commitments.
United States - Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India
On 12 April 2012 India requested consultations with the United States with regard to the imposition of countervailing duties by the United States on certain hot rolled carbon steel flat products from India (“subject goods”).
United States - Countervailing Duty Measures on Certain Products from China
On 25 May 2012 China requested consultations with the United States concerning the imposition of countervailing duty measures by the United States on certain products from China. China challenges various aspects of certain identified countervailing duty investigations including their opening conduct and the preliminary and final determinations that led to the imposition of countervailing duties. China also challenges the “rebuttable presumption” allegedly established and applied by the US Department of Commerce that majority government ownership is sufficient to treat an enterprise as a “public body”.
United States - Countervailing and Anti-Dumping Measures on Certain Products from China
On 17 September 2012 China requested consultations with the United States concerning the following measures: (i) a new piece of legislation (Public Law 112-99) that explicitly allows for the application of countervailing measures to non-market economy countries; (ii) countervailing duty determinations or actions made or performed by US authorities between 20 November 2006 and 13 March 2012 in respect of Chinese products; (iii) anti-dumping measures associated with the concerned countervailing duty measures as well as the combined effect of these anti-dumping measures and the parallel countervailing duty measures; and (iv) the United States’ failure to provide the US Department of Commerce (USDOC) with legal authority to identify and avoid the double remedies in respect of investigations or reviews initiated on or between 20 November 2006 and 13 March 2012.
United States - Countervailing and Anti-Dumping Measures on Certain Products from China
On 17 September 2012 China requested consultations with the United States concerning the following measures: (i) a new piece of legislation (Public Law 112-99) that explicitly allows for the application of countervailing measures to non-market economy countries; (ii) countervailing duty determinations or actions made or performed by US authorities between 20 November 2006 and 13 March 2012 in respect of Chinese products; (iii) anti-dumping measures associated with the concerned countervailing duty measures as well as the combined effect of these anti-dumping measures and the parallel countervailing duty measures; and (iv) the United States’ failure to provide the US Department of Commerce (USDOC) with legal authority to identify and avoid the double remedies in respect of investigations or reviews initiated on or between 20 November 2006 and 13 March 2012.
Mapping of Safeguard Provisions in Regional Trade Agreements
This study surveys safeguard provisions on trade in goods in 232 regional trade agreements (RTAs) notified to the GATT/WTO up to 31 December 2012. In particular it identifies those RTAs that modify the conditions applicable to the RTA partner (either substantively or procedurally) in the event that a global safeguard is invoked. In the case of bilateral (or intra-RTA safeguards) the study analyses provisions governing injury assessment causation conditions for the invocation of a measure and the types of measures that may be employed. We use the yardstick of GATT Article XIX and the WTO Safeguards Agreement to determine whether the provisions applicable to bilateral safeguard measures are more or less stringent than the corresponding multilateral rules. The study also includes an inventory of infant industry balance of payments and special safeguards applicable to agricultural products found in RTAs. We demonstrate through various examples that safeguard provisions have become more prescriptive in recent years though little homogeneity in their design is found even for a given country. In the case of global safeguards roughly a quarter of RTAs provide for the possible exclusion of the RTA partner subject to certain criteria thus discriminating against non-parties. In the case of bilateral safeguards some RTAs use looser language to define the trigger mechanism to invoke a safeguard and to determine injury standards thus potentially offering greater scope to use such measures. We found wide variety in the types of bilateral safeguard measures that are permitted in RTAs. A number of more recent RTAs tighten the conditions for application of a bilateral safeguard through limiting the duration of the safeguard measure allowing the use of tariff-based measures only and binding the use of the measure to the transition period. Other RTAs specify neither the length of the bilateral safeguard measure nor the conditions for its reapplication thus providing greater scope to impose such measures than in the multilateral context.
China - Anti-Dumping and Countervailing Duty Measures on Broiler Products from the United States
On 20 September 2011 the United States requested consultations with China concerning China's measures imposing anti-dumping and countervailing duties on broiler products from the United States.
Canada - Certain Measures Affecting the Renewable Energy Generation Sector. Measures Relating to the Feed-In Tariff Program
On 11 August 2011 the European Union requested consultations with Canada regarding Canada's measures relating to domestic content requirements in the feed-in tariff program (the “FIT Program”).
China - Definitive Anti-Dumping Duties on X-Ray Security Inspection Equipment from the European Union
On 25 July 2011 the European Union requested consultations with China concerning the imposition of definitive anti-dumping duties on x-ray security inspection equipment from the European Union pursuant to China's Ministry of Commerce Notice No. 1(2011) including its Annex. The European Union claims that the measure is inconsistent with various provisions of the Anti–Dumping Agreement related to the process of the anti-dumping investigation (including failure to provide access to relevant information and insufficient explanation of the basis for the determinations) as well as the anti–dumping determination at issue (absence of objective examination of the effect of the dumped imports on prices in the domestic market and absence of objective determination of causality). The European Union considers that the measure is inconsistent with Articles 2.4 3.1 3.2 3.4 3.5 6.1 6.2. 6.4 6.5 6.9 12.2.2 of the Anti-Dumping Agreement and Articles VI:1 and VI:6(a) of the GATT 1994.
Canada - Certain Measures Affecting the Renewable Energy Generation Sector. Measures Relating to the Feed-In Tariff Program
On 11 August 2011 the European Union requested consultations with Canada regarding Canada's measures relating to domestic content requirements in the feed-in tariff program (the “FIT Program”).
Antidumping Regional Regimes and the Multilateral Trading System
As of November 2010 more than 300 regional trade agreements (RTAs) were in force. Approximately two-thirds of them had been notified to the WTO. Each of these RTAs had implicitly or explicitly established a regional legal framework for the application of intra-regional and sometimes extra-regional antidumping actions. This study focuses on intra-regional antidumping regimes and has been built around the analysis of antidumping provisions in 192 RTAs. This Working Paper first recalls the main constitutive elements of the multilateral and regional legal frameworks a pre-requisite to consider if these rules and disciplines are competing with or are complementary to multilateral disciplines. Based on an analysis of these 192 RTAs the Paper identifies two Categories of regional antidumping regimes and assesses their relationships with the multilateral rules. Particular attention is paid to antidumping regimes in RTAs which appear to "diverge" from the WTO disciplines. The Paper concludes that most regional antidumping regimes do not fundamentally change the Parties' rights to take antidumping measures as compared with the multilateral regime. There appears to be no evidence that regional antidumping regimes increase RTA partners' rights to take antidumping actions at the intra-RTA level and only a minority of regimes contains disciplines which diverge from multilateral rules though most of those do not result in fundamental changes in the antidumping patterns of the RTA Parties. The Paper notes however that deep integration among a few RTAs has been decisive in bringing about a substantial change in the antidumping patterns of the RTA Parties concerned. It finds that legal consolidation at the regional level of a current practice of not using antidumping as a trade policy tool is restricted to a limited number of Parties. A few others seem to have used RTAs to restrict the possibility of using anti-dumping between RTA partners as compared to multilateral rules. The Paper finally suggests that the proliferation of regional transparency mechanisms related to antidumping may potentially undermine the oversight role of the multilateral trading system if "information diversion" materializes.
China - Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States
On 15 September 2010 the United States requested consultations with China with respect to measures imposing countervailing duties and anti-dumping duties on grain oriented flat-rolled electrical steel (“GOES”) from the United States as set forth in Ministry of Commerce of the People's Republic of China (“MOFCOM”) Notice No. 21 [2010] including its annexes. The subsidy that China determined to confer a benefit are the “Buy America” provisions of the American Recovery and Reinvestment Act of 2009 and also State government procurement laws. The United States alleged that China appears to be acting inconsistently with its obligations under: - Articles 10 11.2 11.3 12.3 12.4.1 12.7 12.8 15.1 15.2 15.5 19 22.2(iii) 22.3 and 22.5 of the SCM Agreement - Articles 1 3.1 3.2 3.5 6.9 and 12.2 of the Anti-Dumping Agreement; and - Article VI of the GATT 1994.
China - Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States
On 15 September 2010 the United States requested consultations with China with respect to measures imposing countervailing duties and anti-dumping duties on grain oriented flat-rolled electrical steel (“GOES”) from the United States as set forth in Ministry of Commerce of the People's Republic of China (“MOFCOM”) Notice No. 21 [2010] including its annexes. The subsidy that China determined to confer a benefit are the “Buy America” provisions of the American Recovery and Reinvestment Act of 2009 and also State government procurement laws. The United States alleged that China appears to be acting inconsistently with its obligations under: - Articles 10 11.2 11.3 12.3 12.4.1 12.7 12.8 15.1 15.2 15.5 19 22.2(iii) 22.3 and 22.5 of the SCM Agreement - Articles 1 3.1 3.2 3.5 6.9 and 12.2 of the Anti-Dumping Agreement; and - Article VI of the GATT 1994.
United States - Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from China
On 28 February 2011 China requested consultations with the United States regarding the latter's anti-dumping measures on certain frozen warmwater shrimp from China. China alleged that the US Department of Commerce's (“USDOC”) use of zeroing in the original investigation and several administrative reviews to calculate dumping margins for the subject imports is inconsistent with the United States' obligations under Article VI:1 and VI:2 of the GATT 1994 and Articles 1 2.1 2.4 2.4.2 5.8 9.2 9.3 and 9.4 of the Anti-Dumping Agreement. China further asserted that the USDOC's reliance in the sunset review on the dumping margins calculated in the original investigation and administrative reviews is inconsistent with the United States' obligations under Article 11.3 of the Anti-Dumping Agreement.
United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint)
On 27 June 2005 the European Communities requested consultations with the United States concerning prohibited and actionable subsidies provided to US producers of large civil aircraft. (See also dispute DS317). The European Communities considers that the measures cited in its request for consultations are inconsistent with: - Articles 3.1(a) 3.1(b) 3.2 5(a) 5(c) 6.3(a) 6.3(b) and 6.3(c) of the SCM Agreement; and - Article III:4 of the GATT 1994
Dominican Republic - Safeguard Measures on Imports of Polypropylene Bags and Tubular fabric
On 15 October 2010 Costa Rica requested consultations with the Dominican Republic concerning the provisional and definitive safeguard measures imposed by the Dominican Republic on imports of polypropylene bags and tubular fabric and the investigation that led to the imposition of those measures. The products at issue are classified under subheadings 5407.20.20 6305.33.10 and 6305.33.90 of the Dominican Republic Tariff.
European Union - Anti-Dumping Measures on Certain Footwear from China
On 4 February 2010 China requested consultations with the European Union concerning three EU measures in connection with the imposition of anti-dumping duties on imports of certain leather footwear from China. In particular China is challenging as WTO-inconsistent Article 9(5) of the Basic EC Anti–Dumping Regulation which provides that in cases involving imports from NME countries the anti–dumping duty shall be specified for the supplying country concerned and not for each individual supplier. According to China applicable WTO rules require that an individual margin and duty be determined and specified for each known exporter and producer and not for the supplying country as a whole. China states that the Basic Regulation provides that an individual duty will only be specified for exporters that demonstrate that they fulfil the criteria set forth in Article 9(5) the Individual Treatment rules and is therefore inconsistent with various provisions of the WTO Agreement China's Protocol of Accession the GATT 1994 and the Anti-Dumping Agreement. China is also challenging as WTO-inconsistent the Review and Definitive Regulations imposing anti-dumping duties on imports of certain footwear from China and various aspects of the expiry and original determinations and investigations underlying those regulations.
European Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China
On 31 July 2009 China requested consultations with the European Communities concerning Article 9(5) of Council Regulation (EC) No. 384/96 (the EC's Basic Anti–Dumping Regulation) which provides that in case of imports from non-market economy countries the duty shall be specified for the supplying country concerned and not for each supplier and that an individual duty will only be specified for exporters that demonstrate that they fulfil the criteria listed in that provision.
United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam - 2011
On 1 February 2010 Viet Nam requested consultations with the United States concerning a number of anti-dumping measures on certain frozen warmwater shrimp from Viet Nam. In addition to several administrative and new shipper reviews the request for consultations concerns several US laws regulations administrative proceedings and practices including zeroing. Viet Nam considers that these measures are inconsistent with the United States' obligations under: - Articles I II VI:1 and VI:2 of the GATT 1994; - several provisions of the Anti-Dumping Agreement; - Article XVI:4 of the WTO Agreement; and - Viet Nam's Protocol of Accession.
European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft
On 6 October 2004 the United States requested consultations with the Governments of Germany France the United Kingdom and Spain (the “member States”) and with the European Communities (“EC”) concerning measures affecting trade in large civil aircraft.
United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint)
On 27 June 2005 the European Communities requested consultations with the United States concerning prohibited and actionable subsidies provided to US producers of large civil aircraft. (See also dispute DS317). The European Communities considers that the measures cited in its request for consultations are inconsistent with: - Articles 3.1(a) 3.1(b) 3.2 5(a) 5(c) 6.3(a) 6.3(b) and 6.3(c) of the SCM Agreement; and - Article III:4 of the GATT 1994
United States - Anti-Dumping Administrative Reviews and Other Measures Related to Imports of Certain Orange Juice from Brazil
On 27 November 2008 Brazil requested consultations with regard to: - certain determinations of the United States Department of Commerce (USDOC) concerning the imports of certain orange juice from Brazil; - any actions taken by United States Customs and Border Protection (USCBP) to collect definitive anti-dumping duties at duty assessment rates established in periodic reviews covered by the preceding paragraph including through the issuance of USCBP liquidations instructions and notices; and - certain US laws regulations administrative procedures practices and methodologies.
United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China
On 19 September 2008 China requested consultations concerning the definitive anti-dumping and countervailing duties imposed by the United States pursuant to the final anti-dumping and countervailing duty determinations and orders issued by the US Department of Commerce in several investigations. China considers that these measures which include the conduct of the underlying anti-dumping and countervailing duty investigations are inconsistent with the obligations of the United States under inter alia Articles I and VI of the GATT 1994 Articles 1 2 10 12 13 14 19 and 32 of the SCM Agreement Articles 1 2 6 9 and 18 of the Anti-Dumping Agreement and Article 15 of the Protocol on the Accession of the People's Republic of China (the Protocol of Accession).
United States - Use of Zeroing in Anti-Dumping Measures Involving Products from Korea
On 24 November 2009 Korea requested consultations with the United States regarding their use of zeroing in three anti–dumping cases involving certain products from Korea namely stainless steel plate in coils stainless steel sheet and strip in coils and diamond sawblades and parts thereof. Korea claimed that the effect of the use of zeroing by the US Department of Commerce (USDOC) in these three cases has been either to artificially create margins of dumping where none would otherwise have been found or to inflate margins of dumping. In its consultation request Korea alleged that the USDOC's use of zeroing in its final determinations amended final determinations and anti-dumping duty orders in the three cases in question was inconsistent with the United States' obligations under Article VI of GATT 1994 and Articles 1 2.1 2.4 2.4.2 and 5.8 of the Anti-Dumping Agreement. On 3 December 2009 Japan requested to join the consultations.
European Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China
On 31 July 2009 China requested consultations with the European Communities concerning Article 9(5) of Council Regulation (EC) No. 384/96 (the EC's Basic Anti–Dumping Regulation) which provides that in case of imports from non-market economy countries the duty shall be specified for the supplying country concerned and not for each supplier and that an individual duty will only be specified for exporters that demonstrate that they fulfil the criteria listed in that provision.
Thailand - Customs and Fiscal Measures on Cigarettes from the Philippines
On 7 February 2008 the Philippines requested consultations with Thailand concerning a number of Thai fiscal and customs measures affecting cigarettes from the Philippines. Such measures include Thailand's customs valuation practices excise tax health tax TV tax VAT regime retail licensing requirements and import guarantees imposed upon cigarette importers. The Philippines claims that Thailand administers these measures in a partial and unreasonable manner and thereby violates Article X:3(a) of the GATT 1994.
United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China
On 19 September 2008 China requested consultations concerning the definitive anti-dumping and countervailing duties imposed by the United States pursuant to the final anti-dumping and countervailing duty determinations and orders issued by the US Department of Commerce in several investigations. China considers that these measures which include the conduct of the underlying anti-dumping and countervailing duty investigations are inconsistent with the obligations of the United States under inter alia Articles I and VI of the GATT 1994 Articles 1 2 10 12 13 14 19 and 32 of the SCM Agreement Articles 1 2 6 9 and 18 of the Anti-Dumping Agreement and Article 15 of the Protocol on the Accession of the People's Republic of China (the Protocol of Accession).
United States - Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand
On 26 November 2008 Thailand requested consultations with the United States with respect to the application by the United States of the practice known as “zeroing” of negative dumping margins in the United States' determination of the margins of dumping in its anti-dumping investigation of Polyethylene Retail Carrier Bags from Thailand. Specifically Thailand requests consultations concerning the USDOC's use in the Final Determination and Amended Final Determination of the practice of “zeroing” negative anti-dumping margins in calculating overall weighted-average margins of dumping in this investigation. Thailand alleges that the effect of this practice was to create artificially margins of dumping where none would otherwise have been found or at a minimum to inflate margins of dumping. Thailand considers the USDOC's use of this practice of “zeroing” in the Final Determination the Amended Final Determination and the Order to be inconsistent with the obligations of the United States under Article VI of the GATT 1994 and in particular under Article 2.4.2 of the Anti-Dumping Agreement.
Trade Skirmishes and Safeguards
I propose a framework within which to interpret and evaluate the major reforms introduced to the GATT system in its transition to the WTO. In particular I examine the WTO Agreement on Safeguards that has replaced the GATT escape clause (Article XIX) and the Dispute Settlement Process (DSP) that resembles a court of law under the WTO. Using this framework I interpret the weakening of the reciprocity principle under the Agreement on Safeguards as an attempt to reduce efficiency-reducing trade skirmishes. The DSP is interpreted as an impartial arbitrator that announces its opinion about the state of the world when a dispute arises among member countries. I demonstrate that the reforms in the GATT escape clause should be bundled with the introduction of the DSP in order to maintain the incentive-compatibility of trade agreements. The model implies that trade agreements under the WTO lead to fewer trade skirmishes but this effect does not necessarily result in higher payoffs to the governments. The model also implies that the introduction of the WTO court which has no enforcement power can in fact improve the self-enforceability of trade agreements.
Executive summary
The World Trade Report 2009 focuses primarily on certain contingency measures available to WTO members in the import and export of goods. The legal framework for such measures is much less developed in services trade although this is also discussed.
Trade policy commitments and contingency measure
Trade agreements define rules for the conduct of trade policy. These rules must strike a balance between commitments and flexibility. Too much flexibility may undermine the value of commitments but too little f lexibility may render the rules politically unsustainable. This tension between credible commitments and flexibility is often close to the surface during trade negotiations. For example the question of a “special safeguard mechanism” (the extent to which developing countries would be allowed to protect farmers from import surges) was crucial in the discussion of the July 2008 mini-ministerial meeting which sought to agree negotiating modalities – or a final blueprint – for agriculture and non-agricultural market access (NAMA).
Forward by the Director-General
In the last few months trade has contracted more than at any time since the 1930s reflecting the dramatic global economic downturn provoked in the first instance by the collapse of major financial institutions. Trade growth will be strongly negative this year and we are unlikely to see sustained economic growth until 2010. This adversity is severely testing the policy ingenuity of governments across the globe and in today’s interdependent world their willingness to make common cause in addressing shared challenges. Effective international cooperation and open markets are as vital today as they have ever been.
Acknowledgements
The World Trade Report 2009 was prepared under the general direction of Deputy Director-General Alejandro Jara and supervised by Patrick Low Director of the Economic Research and Statistics Division The principal authors of the Report were Marc Bacchetta K. Michael Finger Marion Jansen Alexander Keck Coleman Nee Roberta Piermartini Michele Ruta and Robert Teh. Trade statistics information was provided by the Statistics Group of the Economic Research and Statistics Division coordinated by Hubert Escaith Julia de Verteuil Andreas Maurer and Jürgen Richtering. Other written contributions were provided by Rudolf Adlung Lee-Ann Jackson Jesse Kreier and Hiromi Yano.