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- A conceptual interpretation of the anti-dumping
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A conceptual interpretation of the anti-dumping
* : * : * : 2012-09-24 * : 0
A conceptual interpretation of the anti-dumping
* Source: * Author: * Time: 2012-09-24 *: 0
A conceptual interpretation of the anti-dumping
WTO Agreement provides that a member of the anti-dumping measures to be implemented, must comply with three conditions: First, the fact that established the existence of dumping; second, to determine the cause of material injury or threat of material injury to the domestic industry, or materially retards the establishment of a domestic industry caused; determine a causal relationship between the dumping and injury.
In accordance with the definition of dumping, if the export price is lower than the normal price of the product, it will be considered dumping. The difference between the export price is lower than the normal price is called the margin of dumping. Determine dumping must go through three steps: determining the export price; determine the normal price; comparison between the export price and the normal price.
The normal price is usually comparable sales prices of similar products of domestic exports in general trade conditions. Such as the domestic price of the product is under control, often to the export prices of similar products in a third country to confirm the normal price.
Countervailing duty investigations and start dumping behavior of the victim in the anti-dumping investigation before the start no obligations consultations with the parties, members; reviewing the impact of dumping on the domestic industry, the need to consider the size of the dumping margin and to determine the dumping margin. WTO rules, dumping import prices by less than 2%, the proportion of imports of similar products dumped imports accounted for no more than 3% is the minimum amount that can be ignored without taking into account the margin of dumping.
The final anti-dumping remedies to anti-dumping duties of dumping products. The amount of anti-dumping duties equal to the dumping margin, and also lower than the dumping margin.
Despite the anti-dumping investigation is not over, but under the premise of opportunity has been initially ruled that the existence of dumping and the resulting damage, and to prevent dumping continue to cause damage in the course of the investigation, the parties have been fully provided and comment the injured members can take temporary measures.
Another remedy is to price undertakings. Exporters voluntarily made a satisfactory commitment to modify the price or stop exporting at dumped prices, the survey program may be suspended or terminated, the relevant departments to take provisional measures or anti-dumping duties.
Countervailing duty investigations and start the program as a member of the government should be in the receipt of applications for domestic dumping product damage or industry, anti-dumping investigation. Notify the parties must be on the start of the survey. They include the exporter's member governments, exporters or foreign producers, the product being investigated importers, industry associations, manufacturers of similar products in the importing country and their trade associations, etc.. If there is no sufficient evidence to show the existence of dumping and the damage, or the margin of dumping or dumping import quantities below the minimum limit, you should terminate the investigation.
Under the WTO framework, only the government, rather than traders and industry to adopt anti-dumping measures. Traders or industry of a country by the government to start anti-dumping procedures.
Export products dissatisfaction by a member of the investigation to commence the action taken by a member of the investigation, it can issue to the WTO dispute settlement body to resolve. In this case, the exporter must take such action by their governments.
* Source: * Author: * Time: 2012-09-24 *: 0
A conceptual interpretation of the anti-dumping
WTO Agreement provides that a member of the anti-dumping measures to be implemented, must comply with three conditions: First, the fact that established the existence of dumping; second, to determine the cause of material injury or threat of material injury to the domestic industry, or materially retards the establishment of a domestic industry caused; determine a causal relationship between the dumping and injury.
In accordance with the definition of dumping, if the export price is lower than the normal price of the product, it will be considered dumping. The difference between the export price is lower than the normal price is called the margin of dumping. Determine dumping must go through three steps: determining the export price; determine the normal price; comparison between the export price and the normal price.
The normal price is usually comparable sales prices of similar products of domestic exports in general trade conditions. Such as the domestic price of the product is under control, often to the export prices of similar products in a third country to confirm the normal price.
Countervailing duty investigations and start dumping behavior of the victim in the anti-dumping investigation before the start no obligations consultations with the parties, members; reviewing the impact of dumping on the domestic industry, the need to consider the size of the dumping margin and to determine the dumping margin. WTO rules, dumping import prices by less than 2%, the proportion of imports of similar products dumped imports accounted for no more than 3% is the minimum amount that can be ignored without taking into account the margin of dumping.
The final anti-dumping remedies to anti-dumping duties of dumping products. The amount of anti-dumping duties equal to the dumping margin, and also lower than the dumping margin.
Despite the anti-dumping investigation is not over, but under the premise of opportunity has been initially ruled that the existence of dumping and the resulting damage, and to prevent dumping continue to cause damage in the course of the investigation, the parties have been fully provided and comment the injured members can take temporary measures.
Another remedy is to price undertakings. Exporters voluntarily made a satisfactory commitment to modify the price or stop exporting at dumped prices, the survey program may be suspended or terminated, the relevant departments to take provisional measures or anti-dumping duties.
Countervailing duty investigations and start the program as a member of the government should be in the receipt of applications for domestic dumping product damage or industry, anti-dumping investigation. Notify the parties must be on the start of the survey. They include the exporter's member governments, exporters or foreign producers, the product being investigated importers, industry associations, manufacturers of similar products in the importing country and their trade associations, etc.. If there is no sufficient evidence to show the existence of dumping and the damage, or the margin of dumping or dumping import quantities below the minimum limit, you should terminate the investigation.
Under the WTO framework, only the government, rather than traders and industry to adopt anti-dumping measures. Traders or industry of a country by the government to start anti-dumping procedures.
Export products dissatisfaction by a member of the investigation to commence the action taken by a member of the investigation, it can issue to the WTO dispute settlement body to resolve. In this case, the exporter must take such action by their governments.
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