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A detailed discussion of how the General Agreement on Tariffs and Trade (GATT) affects U.S. anti-dumping and countervailing-duty policy. Includes chapters on predatory pricing, price discrimination, selling below cost, and government subsidization; evolution of U.S. laws; controversies over U.S. AD/CVD procedures; the economic effects of the current AD/CVD laws and procedures; and the Uruguay Round Agreement. Charts and tables.
This volume reviews the goals, operation, and history of American antidumping laws coupled with a strategy for using those laws to promote U.S. trade policy and economic objectives in the post-Uruguay Round GATT talks.
The WTO Secretariat reports that during the period from 1995 to June 30, 2007 WTO members initiated 3097 anti-dumping investigations. Of these, 474 were put forward by India, which made it the largest user of this measure among WTO Members. The traditional argument of developing countries was that loopholes or absence of clear definitions in the anti-dumping rules have increased the possibility of abuses and discretionary practices against them. Now, many developing countries like India have become frequent users of this measure. For a better understanding of the various provisions of the WTO's Anti-dumping Agreement (ADA) a critical investigation of the resulting jurisprudence is a necessity. To that end, this timely work has a fivefold aim: and• To explore the jurisprudence that has emerged around the anti-dumping regime and how it affected developing countries; and• To assess how effectively and to what extent the WTO's Dispute Settlement Body (DSB) is able to analyze the violations of ADA provisions; and• To examine domestic compliance with DSB decisions; and• To study the Indian cases which come before the nation's Customs, Excise andamp; Sales Tax Appellate Tribunal, various High Courts and the Supreme Court of India; and and• To offer recommendations for the improvement of the anti-dumping regime from a developing country perspective.
Trade and Development in a Globalized World examines how the unfair trade regulations of advanced countries affect developing societies. The most prominent of these regulations are those pertaining to dumping and subsidies. As antidumping and antisubsidy laws have proliferated, they have increasingly undermined the trade-related development strategies of poor countries. To determine how developing states attempt to cope with the problems created by unfair trade rules, Rothgeb and Chinapandhu conducted a case study of the Thai-U.S. trade relationship. The results, revealed here, show that unfair trade regulations have evolved substantially from their origins as devices for ensuring that international markets can not be manipulated to confer advantages upon selected exporters and that these regulations now serve as the primary protective mechanisms for guaranteeing that advanced country producers will not face competition from developing country industries.
Empirical studies of antidumping activity focus almost exclusively on the period since 1980. This paper puts recent U.S. antidumping experience in historical context by studying the determinants of annual case filings over the past half century. The conventional view that few antidumping cases existed prior to 1980 is not correct, although most did not result in the imposition of duties. The increased number of cases in recent decades largely reflects petitions that target multiple source countries; the number of imported products involved has actually fallen since the mid 1980s. The annual number of antidumping cases is influenced by the unemployment rate, the exchange rate, import penetration (closely related to the decline in average tariffs), and changes in the antidumping law and enforcement in the early 1980s.