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Goods: Rules on Trade Remedies

Goods: Rules on Trade Remedies. Anti-dumping Subsidies and countervailing measures Safeguards. ADP: Dumping in the GATT/WTO. What is dumping? Article VI of GATT and the Anti-Dumping Agreement Previous Agreements. ADP: The UR Agreement. Basic principles

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Goods: Rules on Trade Remedies

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  1. Goods: Rules on Trade Remedies • Anti-dumping • Subsidies and countervailing measures • Safeguards

  2. ADP: Dumping in the GATT/WTO • What is dumping? • Article VI of GATT and the Anti-Dumping Agreement • Previous Agreements

  3. ADP: The UR Agreement • Basic principles • Committee on Anti-Dumping Practices • Dispute settlement • Notifications

  4. ADP: Determination of normal value • General rule • Sales in the ordinary course of trade • Insufficient volume of sales • Alternative bases for calculating normal value • Constructed normal value • Third country price as normal value • Indirect exports • Non-market economies

  5. ADP: Determination of export price • General rule • Exceptions • Alternative method of calculation

  6. ADP: Fair comparison of normal value and export • Basic requirements • Allowance • Adjustments in case of constructed export price • Conversion of currency

  7. ADP: Calculation of dumping margins and duty assessment • Calculation of dumping margins • Refund or reimbursement • Individual exporter dumping margins • New shippers

  8. ADP: Like product • Definition (Article 2.6)

  9. ADP: Domestic industry • Definition (Article 4) • Related domestic producers • Regional domestic industry • Imposition of duties in regional industry cases

  10. ADP: Injury • Types of injury • Basic requirements for determination of material injury • Basic requirements for determination of threat of material injury

  11. ADP: Elements of analysis • Consideration of volume effects of dumped imports • Consideration of price effects of dumped imports • Evaluation of volume and price effects of dumped imports • Examination of impact of dumped imports on the domestic industry • Demonstration of causal link • Cumulative analysis

  12. ADP: Investigation • Initiation • Conduct

  13. ADP: Provisional measures and price understandings • Imposition of provisional measures • Price undertakings

  14. ADP: Collection of duties • Imposition and collection of duties • Retroactive application of duties

  15. ADP: Review and public notice • Duration, termination, and review of anti-dumping measures • Public notice

  16. SCM: Applicability and structure of Agreement • Introduction • Multilateral disciplines • Countervailing measures • Structure of Agreement

  17. SCM: Definition of a Subsidy • Introduction • A financial contribution • By a government or any public body • Confers a benefit • Examples • Paper mill • An NGO in Africa • A loan to a manufacturer

  18. SCM: Specificity • Principle • Types of specificity • Enterprise-specificity • Industry-specificity • Regional-specificity • Prohibited subsidies • De jure vs. de facto specificity

  19. SCM: Special and differential treatment • Developing countries • Members in transformation to a market economy

  20. SCM: Overview of prohibited subsidies • Introduction • Export subsidies • Import substitution subsidies • Remedies • Agricultural export subsidies

  21. SCM: Export subsidies • Developed Members • Annex VII countries • Other developing country Members • Export competitiveness • Countries in transformation

  22. SCM: Import substitution subsidies • Introduction • Relation to Article III of GATT 1947 • Relation to TRIMS Agreement • Transition periods • Developed Members: Three years • Developing Members: Five years • Least-developed Members: Eight years • Economies in transformation: 7 years

  23. SCM: Actionable subsidies (1) • Elements of an actionable subsidy • Adverse effects • Injury • Serious prejudice • Nullification or impairment

  24. SCM: Actionable subsidies (2) • Types of injury • Current material injury • Threat of material injury • Material retardation of the establishment of a domestic industry • Remedies

  25. SCM: Actionable subsidies (3) • Serious prejudice • Presumption of serious prejudice • Special and differential treatment • Developing Members • Countries in transformation

  26. SCM: Non-actionable subsides • Introduction • Research subsidies • Assistance to disadvantaged regions • Environmental subsidies • Obtaining non-actionable status

  27. SCM: Countervailing measures • Detailed rules for conduct of investigations • Increased disciplines in WTO Agreement • Special and differential treatment • de minimis: 2 or 3 per cent instead of 1 per cent • share of imports less than of 4 per cent, unless...

  28. SCM: Institutions • Committee on SCM • Permanent Group of Experts

  29. SCM: Notifications and surveillance • Notifications • Subsidies • Countervailing measures • Surveillance

  30. SCM: Dispute settlement • Introduction • Prohibited subsidies • Actionable subsidies

  31. SG: Overview • General principles • Historical background • Aims of Agreement

  32. SG: Structure and general provisions • Structure • Coverage • Conditions for application of safeguard measures

  33. SG: Basic requirements • Increased quantity of imports • Injury: Two possibilities • Serious injury • Threat of serious injury • Domestic industry • Causation

  34. SG: Investigation • Need for investigation • Procedural transparency • Participation by interested parties • Confidential information

  35. SG: Definitive safeguard measures • Tariff measures • Level of quotas and quota modulation • Duration and review of measures • Level of concessions and other obligations • General rule • Partial exception • Reapplication of measures to a product

  36. SG: Provisional safeguard measures • Article 6

  37. SG: Special and differential treatment • Introduction • De minimis import exemption • Provisions affecting developing country Members as users of safeguard measures • Duration of extensions of measures • Re-application of measures

  38. SG: Pre-existing measures • Article XIX measures • "Grey area" measures

  39. SG: Surveillance and notifications • Introduction • Committee on Safeguards • Extensive notification requirements • Notification of legislative framework • Notification of investigations and application of measures • Notification of pre-existing measures • Counternotification • Dispute settlement

  40. Module 4: FAQs (1) • What is dumping? • Is dumping prohibited? • What are the necessary determinations for the imposition of an anti-dumping measure? • How is the dumping margin calculated? • How is a determination on the injury to the domestic industry reached? • How is a causal link established?

  41. Module 4: FAQs (2) • What is the "lesser duty rule"? • What is a price undertaking? • How long may anti-dumping measures be in force? • How is an anti-dumping investigation begun?

  42. Module 4: FAQs (3) • Does there have to be a monetary payment for a subsidy to exist? • Does the SCM Agreement cover subsidies given at a sub-national level? • What can a Member do if it believes that its interests have been harmed by the subsidization of another Member? • Are the descriptions of the different categories of subsidies in the Agreement exhaustive?

  43. Module 4: FAQs (4) • Are subsidies for agricultural products subject to the Agreement? • Do developing countries receive any special treatment under the SCM Agreement with respect to prohibited subsidies? • Are developing countries exempted from the prohibition on export subsidies fully protected from challenge with respect to such subsidies? • Annex I of the Agreement lists the exemption or remission of indirect taxes as a type of export subsidy. Would an exemption or remission of Value Added Tax (VAT) be considered an export subsidy as well?

  44. Module 4: FAQs (5) • What sort of measures does the Safeguards Agreement cover? • What is the purpose of the Safeguards Agreement? • Can a Member apply safeguards on a bilateral or selective basis under the Agreement? • What does a Member need to do in order to apply a safeguard measure? • Can a Member increase the restrictiveness of a safeguard measure while it is in force? • When can a Member apply provisional safeguard measures? • Does a Member have to pay compensation to apply a safeguard measure?

  45. Module 4: FAQs (6) • Do developing countries get any special and differential treatment under the Safeguards Agreement? • How does the Agreement treat safeguard measures that were put into effect before the establishment of the WTO? • What were the advantages for an exporting country in accepting voluntary exporting restraints? Why are they prohibited now? • What does the Committee on Safeguards do? • What are the contents of the notifications required by the Safeguards Agreement?

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