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Dumping a partir de uma abordagem dogmática e aplicada no âmbito da OMC: estudo de caso; Dumping according to a theoretical and practical approach based on WTOs regulation: a case study

Santoro, Valéria Figueiró
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Dissertação de Mestrado Formato: application/pdf
Publicado em 14/06/2010 Português
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Dumping, no sentido técnico-jurídico do termo, vem a ser, segundo definição encontrada no próprio Acordo Antidumping, da OMC Organização Mundial do Comércio (artigo VI, GATT 1994), a exportação de um produto por valor inferior ao preço que ele normalmente seria vendido no mercado exportador. Como se pode vislumbrar a partir desta definição, é uma prática que ocorre em razão de uma operação de comércio internacional. O processo de investigação do dumping, que poderá resultar na adoção de direitos antidumping, normalmente é complexo, sendo um dos mais instigantes e atuais temas relacionados ao direito econômico internacional e ao direito do comércio internacional. A aplicação de direitos antidumping, ao mesmo tempo que deve buscar a anulação dos efeitos danosos causados pela prática do dumping, deve ser utilizada de forma comedida pelo país lesado, ou seja, não podem tais direitos significar uma barreira injusta ao livre comércio, sob pena de restar violado e desvirtuado um dos principais fins do sistema OMC, qual seja, a busca de um comércio internacional livre, isto é, isento de quaisquer espécies de barreiras, sejam elas tarifárias, ou não tarifárias. Por derradeiro, cabe dizer ainda, que esta dissertação de Mestrado será dividida em duas partes: a primeira...

Medidas antidumping: devido processo legal à luz das regras da OMC; Antidumping duties: due process of law according to WTO rules

Kramer, Cynthia
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 03/09/2012 Português
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46.77%
Apesar de o fluxo de comércio afetado por medidas antidumping não chegar nem a 1% do comércio global, aproximadamente 20% das disputas na OMC são sobre antidumping. A OMC é um órgão intergovernamental e seu sistema de solução de controvérsias tem por objetivo analisar se as medidas adotadas por seus Membros estão em conformidade com os compromissos assumidos nos acordos abrangidos. O Acordo Antidumping da OMC (ADA) estabelece os procedimentos investigatórios a serem seguidos por seus Membros para combater o dumping que comprovadamente causa dano à indústria doméstica. O objetivo é evitar que sejam adotadas medidas em circunstâncias descabidas, com o mero intuito protecionista de criar barreiras ao comércio. O dumping é uma prática do setor privado e não dos governos. Portanto, não é o dumping que é questionado perante a OMC, e sim a obediência pela autoridade investigadora dos procedimentos investigatórios estabelecidos no ADA. Tanto os órgãos da Administração Pública como a OMC exercem uma função fundamental para que o devido processo legal seja observado em matéria antidumping. A função legislativa é criar as normas que regularão o procedimento, a função executiva é aplicar/monitorar o procedimento...

Is Protectionism on the Rise? Assessing National Trade Policies during the Crisis of 2008

Kee, Hiau Looi; Neagu, Cristina; Nicita, Alessandro
Fonte: Banco Mundial Publicador: Banco Mundial
Português
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66.74%
To understand the role of trade policies in the crisis of 2008, this paper constructs the overall trade restrictiveness indices for a wide range of countries using their tariff schedules in 2008 and 2009. The index summarizes the trade policy stance of a country, taking into account the share of each good in trade as well as its corresponding import demand elasticity. Results show that there is no widespread increase in protectionism via tariff policies since the global financial crisis has unfolded. While many countries have adjusted tariffs upward on selected products, only a handful of countries, such as Malawi, Russia, Argentina, Turkey and China focus on products that have significant impacts on trade flows. The United States and the European Union, by contrast, rely mainly on anti-dumping duties to shield domestic industries. Overall, while the rise in tariffs and anti-dumping duties in these countries may have jointly caused global trade to drop by as much as US$43 billion during the crisis period, it explains less than 2 percent of the collapse in world trade.

Potential Implications of a Special Safeguard Mechanism in the WTO : The Case of Wheat

Hertel, Thomas W.; Martin, Will; Leister, Amanda M.
Fonte: Banco Mundial Publicador: Banco Mundial
Português
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36.31%
The Special Safeguard Mechanism was a key issue in the July 2008 failure to reach agreement in the World Trade Organization negotiations under the Doha Development Agenda. It includes both price and quantity-triggered measures. This paper uses a stochastic simulation model of the world wheat market to investigate the effects of policy makers implementing policies based on the Special Safeguard Mechanism rules. As expected, implementation of the quantity-triggered measures is found to reduce imports, raise domestic prices, and boost mean domestic production in the Special Safeguard Mechanism regions. However, rather than insulating countries that use it from price volatility, it would actually increase domestic price volatility in developing countries, largely by restricting imports when domestic output is low and prices high. This paper estimates that implementation of the quantity-triggered measures would shrink average wheat imports by nearly 50 percent in some regions, with world wheat trade falling by 4.7 percent. The price measures discriminate against low price exporters -- many of whom are developing countries -- and tend to increase producer price instability.

Adjusting to Trade-Policy Changes in Export Markets : Evidence from U.S. Antidumping Duties on Vietnamese Catfish

Brambilla, Irene; Porto, Guido; Tarozzi, Alessandro
Fonte: Banco Mundial Publicador: Banco Mundial
Português
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56.64%
A large literature studies the effects of trade policy changes on developing-country exports on household incomes, and recent contributions have increasingly addressed the effects of administered protection, such as anti-dumping duties. In 2003 the United States imposed anti-dumping tariffs on imports of catfish from Vietnam ranging from 37 to 64 percent. As a result, Vietnamese exports of catfish to the U.S. market declined sharply, thus providing a unique opportunity to study the effects of U.S. trade policy changes on Vietnamese families. Using data on Vietnamese households, the authors study the responses of catfish producers in the Mekong delta of Vietnam between 2002 and 2004. The evidence suggests that the rate of growth of income of households that depended on catfish sales was significantly affected. In addition, the anti-dumping duties triggered significant exit from catfish farming. Households adjusted by moving out of catfish aquaculture and into wage labor markets and agriculture, but not into other aquaculture activities. Finally...

U.S.-Japan and U.S.-China Trade Conflict : Export Growth, Reciprocity, and the International Trading System

Bown, Chad P.; McCulloch, Rachel
Fonte: Banco Mundial Publicador: Banco Mundial
Português
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36.27%
First Japan and more recently China have pursued export-oriented growth strategies. While other Asian countries have done likewise, Japan and China are of particular interest because their economies are so large and the size of the associated bilateral trade imbalances with the United States so conspicuous. In this paper the authors focus on U.S. efforts to restore the reciprocal GATT/WTO market-access bargain in the face of such large imbalances and the significant spillovers to the international trading system. The paper highlights similarities and differences in the two cases. The authors describe U.S. attempts to reduce the bilateral imbalances through targeted trade policies intended to slow growth of U.S. imports from these countries or increase growth of U.S. exports to them. They then examine how these trade policy responses, as well as U.S. efforts to address what were perceived as underlying causes of the imbalances, influenced the evolution of the international trading system. Finally, the authors compare the macroeconomic conditions associated with the bilateral trade imbalances and their implications for the conclusions of the two episodes.

Canada-Wheat : Discrimination, Non-Commercial Considerations, and State Trading Enterprises

Hoekman, Bernard; Trachtman, Joel
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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36.31%
Statutory marketing boards that have exclusive authority to purchase domestic production, sell for export, and set purchase and sales prices of commodities are a type of state trading enterprise that is subject to World Trade Organization disciplines. This paper assesses a recent dispute brought by the United States against Canada, alleging that WTO rules require state trading enterprises to operate solely in accordance with commercial considerations and that the Canadian government did not require the Canadian Wheat Board to do so. The panel and Appellate Body found that the primary discipline of the WTO regarding state trading enterprises was nondiscrimination, and that operating on the basis of "commercial considerations" was not an independent obligation. Instead, WTO disciplines regarding the pricing behavior of state trading enterprises use a "commercial considerations" test as a possible indicator of discrimination. Although a significant degree of price discrimination is observed in the case of Canadian wheat exports...

Developing Countries and Enforcement of Trade Agreements : Why Dispute Settlement is Not Enough

Bown, Chad P.; Bernard M., Hoekman
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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36.55%
Poor countries are rarely challenged in formal World Trade Organization trade disputes for failing to live up to commitments, reducing the benefits of their participation in international trade agreements. This paper examines the political-economic causes of the failure to challenge poor countries, and discusses the static and dynamic costs and externality implications of this failure. Given the weak incentives to enforce World Trade Organization rules and disciplines against small and poor members, bolstering the transparency function of the World Trade Organization is important for making trade agreements more relevant to trade constituencies in developing countries. Although the paper focuses on the World Trade Organization system, the arguments also apply to reciprocal North-South trade agreements.

Keeping Animal Spirits Asleep : The Case of Chile

Sáez, Sebastián
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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36.64%
Chilean legislation is quite conservative, especially compared with international practice. However, its application has not been free of criticism, and it proved necessary to seek mechanisms that combine limitations set forth in the GATT/WTO regulations and others self-imposed by Chilean law. Legislation on antidumping measures was introduced in Chile in 1992. The Distortions Commission has recommended and the President has adopted such measures on just six occasions, of which two correspond to extensions of existing measures. Legislation on safeguard measures was introduced in 1999. In the 1999-2002 period, seven safeguard measures were adopted. The traditional agricultural sector was the main user of the measures, and no measure was in place for more than 12 months. The context in which the Commission was created in 1981 and the type of measures adopted by this entity support the idea that the objective of the Commission was to alleviate the political pressures generated by the difficult economic situation rather than to correct problems originated by the price distortions of goods. In the second half of the 1980s, the Commission supported the liberalization process that started in 1985. Adopting safeguard legislation in 1999 helped to gain approval of further tariff reductions from 11 percent to 6 percent. During the decade of the 1990s and until the present day...

Antidumping and Market Competition : Implications for Emerging Economies

Bown, Chad P.; McCulloch, Rachel
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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36.51%
While the original justification of the antidumping laws in the industrial economies was to protect domestic consumers against predation by foreign suppliers, by the early 1990s the laws and their use had evolved so much that the opposite concern arose. Rather than attacking anti-competitive behavior, dumping complaints by domestic firms were being used to facilitate collusion among suppliers and enforce cartel arrangements. This paper examines the predation and anti-competitiveness issues from the perspective of the "new users" of antidumping -- the major emerging economies for which antidumping is now a major tool in the trade policy arsenal. The paper examines these concerns in light of important ways in which the world economy and international trading system have been changing since the early 1990s, including more firms and more countries participating in international trade, but also more extensive links among suppliers and consumers through multinational firm activity and vertical specialization.

Trade Policy Barriers : An Obstacle to Export Diversification in Eurasia

Cusolito, Ana Paula; Hollweg, Claire H.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
Relevância na Pesquisa
36.39%
Despite trade liberalization efforts made by Eurasian countries, the export structure of the region shows significant levels of concentration across export destinations. To shed light on this observation, this research analyzes trade policy barriers in Eurasia, East Asia and the Pacific, and the European Union. Using the most recent data from sources including the World Trade Organization, the United Nations, and the World Bank including the Overall Trade Restrictiveness Indices, the Services Trade Restrictions Database, and the Temporary Trade Barriers Database the role of tariffs, non-tariff measures, temporary trade barriers, trade agreements, and trade barriers in services are explored to explain the lack of diversification by destination. Several conclusions can be drawn from the analysis. First, China, Korea, and Japan, as well as the European Union, impose high levels of protection on products of animal origin, which may explain the lack of Eurasian export diversification toward the East Asia and the Pacific and the European Union regions. It also highlights the potential benefits of diversifying the structure of production in Eurasia toward more sophisticated and technologically intensive goods. Second...

Trade and Transport Facilitation in South Asia : Systems in Transition, Volume 1. Summary and Main Report

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
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46.24%
Over the past few decades, the World trading system has become increasingly more open. Tariff rates have been reduced and quantitative restrictions (quotas) have been progressively eliminated, e.g. the Multi-Fiber Agreement (MFA). Most countries have adopted more outward-looking economic policies, seeking to increase growth and employment through expanding exports. Such outward looking policies have even been adopted by countries which previously pursued policies based on import substitution as in South Asia. Protective trade restrictions still persist, but tend to be in terms of more subtle non-tariff barriers (such as sanitary or phyto-sanitary standards), though anti-dumping measures and temporary quantity restrictions are still used by many countries to shield domestic producers. Trade regulations no longer solely attempt to protect domestic producers; their scope has extended to cover the need for enhanced security and the desire for greater consumer protection through the traceability of the production chain for many agricultural products. Intense competition compels firms to reduce costs throughout their manufacturing and distribution processes. Outsourcing to lower cost firms and countries has been one major source of cost reduction...

Is the WTO Passe?

Bagwell, Kyle; Bown, Chad P.; Staiger, Robert W.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Trabalho em Andamento
Português
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The WTO has delivered policy outcomes that are very different from those likely to emerge out of the recent wave of preferential trade agreements (PTAs). Should economists see this as an efficient institutional hand-off, where the WTO has carried trade liberalization as far as it can manage, and is now passing the baton to PTAs to finish the job? This paper surveys a growing economics literature on international trade agreements and argues on this basis that the WTO is not passé. Rather, and subject to some caveats, this survey of research to date suggests that the WTO warrants strong support while a more cautious view of PTAs seems appropriate.

Revisiting procedure and precedent in the WTO : an analysis of "US : countervailing and anti-dumping measures (China)"

BESHKAR, Mostafa; CHILTON, Adam S.
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
Português
Relevância na Pesquisa
46.15%
After not applying countervailing duty (CVD) law against non-market economies (NMEs) for two decades, the United State opened a CVD investigation against China in 2006. After extensive litigation, a U.S. appeals court ruled that it was illegal to apply CVD law to NMEs. While that ruling was being appealed, the U.S. Congress passed legislation stipulating that the application of CVD law to NMEs starting in 2006 was legal. China challenged this legislation at the WTO. The dispute resulted in a ruling that left open the possibility that the legislation violated the GATT, as well as a finding that the United States must investigate its application of countervailing and antidumping duties against China. This dispute has implications for a number of current WTO debates including: whether Appellate Body rulings create binding precedent, whether the Appellate Body should have authority to remand cases, and what information should be required in panel requests.

It's baaaack-zeroing, the US Department of Commerce, and US-Shrimp II (Viet Nam)

HARTIGAN, James C.
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
Português
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46.45%
In its Final Modification for Reviews the U.S. DOC announced on February 14, 2012 that it would cease the use of zeroing in the calculation of anti-dumping (AD) margins in all reviews as of April 16, 2012. However, it did not pertain to targeted dumping. In its Final Rule of April 22, 2014, it codified substantial discretion in calculating AD duties, including the use of zeroing, in targeted dumping. Thus the panel in Shrimp II erred in not finding "as such" inconsistency by the U.S. with the AD Agreement, despite this not being a targeted dumping complaint. Given the record of the U.S. in complying with zeroing petitions, it should have incurred the burden of proof, which is not satisfied by these pronouncements. Market structure should be used by panels in "as applied" inconsistency determinations. Viet Nam should have included an Art. 3 violation in its complaint.

Application of Safeguards and Anti-Dumping Duties in Colombia

Reina, Mauricio; Zuluaga, Sandra
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
76.79%
Colombia's experience in the use of safeguards and antidumping duties differs from international trends. On the one hand, the number of investigations conducted is substantially lower than that recorded in most of the hemisphere's large and medium-size countries. On the other hand, while there is a growing international trend of more frequent use of antidumping as opposed to safeguards, in Colombia the safeguard process has been the more used policy instrument. Although several large and medium-size firms are familiar with the application of safeguards and antidumping duties, there is still a relative unfamiliarity regarding the instruments in most of the private sector. The institutional arrangements related to the investigations and the decisionmaking processes have proven to be stable and sound. The trade liberalization process in the country has created awareness of the importance of preserving the competitiveness of production chains to strengthen their insertion in international markets, which has restrained the authorities from restricting access to intermediate goods and raw materials. The evaluation of the Colombian experience also raises concerns about the potential discretional use of these instruments. The relatively intense use of safeguards and antidumping measures in some specific periods and sectors...

Trade Policy Flexibilities and Turkey : Tariffs, Antidumping, Safeguards, and WTO Dispute Settlement

Bown, Chad P.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
36.5%
Trade policy commitments to lower import tariffs and to maintain tariffs at low levels entail short and long-run political-economic costs and benefits. Empirical work examining the relationship between such commitments and the exercise of trade policy flexibilities is still relatively nascent, especially for emerging economies. This paper provides a rich, empirically-based assessment of ways that Turkey exercised trade policy flexibilities during the global economic crisis of 2008-11. First, and despite multilateral and customs union commitments that might limit changes to applied tariffs, Turkey made changes to both its applied Most Favored Nation and preferential tariffs that cumulatively affect nearly 9 percent of manufacturing imports and 10 percent of import product lines. Second, Turkey's cumulative application of temporary trade barrier (TTB) policies -- antidumping, safeguards and countervailing duties -- are estimated to impact by 2011 an additional 4 percent of imports and 6 percent of product lines. Other surprising results on Turkey's use of flexibilities include: extending the duration of previously imposed antidumping and safeguards beyond expected removal dates...

Developing Countries, Dispute Settlement, and the Advisory Centre on WTO Law

Bown, Chad P.; McCulloch, Rachel
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
46.46%
Critical appraisals of the current and potential benefits from developing country engagement in the World Trade Organization (WTO) focus mainly on the Doha Round of negotiations. This paper examines developing country participation in the WTO dispute settlement system to enforce foreign market access rights already negotiated in earlier multilateral rounds. The dispute data from 1995 through 2008 reveal three notable trends: developing countries sustained rate of self-enforcement actions despite declining use of the Dispute Settlement Understanding (DSU) by developed countries, developing countries increased use of the DSU to self-enforce their access to the markets of developing as well as developed country markets, and the prevalence of disputes targeting highly observable causes of lost foreign market access, such as antidumping, countervailing duties, and safeguards. The paper also examines potential impacts of the Advisory Centre on WTO Law (ACWL) into the WTO system in 2001. A close look at the data reveals evidence on at least three channels through which the ACWL may be enhancing developing countries' ability to self-enforce foreign market access: increased initiation of sole-complainant cases...

U.S. Antidumping : Much Ado About Zeroing

Bown, Chad P.; Prusa, Thomas J.
Fonte: Banco Mundial Publicador: Banco Mundial
Tipo: Publications & Research :: Policy Research Working Paper
Português
Relevância na Pesquisa
46.56%
The United States use of "zeroing" in its antidumping procedures has become a political flash point threatening some legitimacy of the WTO's dispute settlement system. This paper provides a positive analysis of the zeroing issue, explains how it has evolved and who is likely to be affected by it. The authors use economic theory to identify how export price volatility accentuates the impact of zeroing on the size of U.S. antidumping tariffs and review the WTO caseload over zeroing. They describe the impact that the U.S.'s retrospective system for assessing antidumping margins has on zeroing and the political economy implications as the U.S. struggles to generate policy reform. The authors survey existing evidence of the impact of the zeroing on dumping margins and contribute their own evidence to suggest that zeroing is just as likely to impact the size of U.S. antidumping duties applied on developing country exports as developed economy exports. Thus while developed economies have filed the vast majority of WTO disputes against the U.S. over zeroing...

Anti-Dumping Policies and Safeguard Measures in the Context of Costa Rica’s Economic Liberalization

Monge-González, Ricardo; Monge-Ariño, Francisco
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
56.51%
This paper reviews the most important changes, both in the economy and in the legal and institutional framework, to deal with unfair trade practices that Costa Rica has experienced during its trade liberalization process. It also evaluates whether the sectors that as a result of such a process have been facing increased foreign competition, and may have attempted to use the World Trade Organization (WTO) rules adopted by Costa Rica as a protectionist instrument. Costa Rica's legal framework against unfair trade practices at the multilateral level emerged when the country adopted the WTO rules on antidumping policies and safeguard measures. That has been reinforced at the bilateral level through the subscription of free trade agreements with Central America, Mexico, the Dominican Republic, Chile, and Canada. So far, only six antidumping petitions and five safeguards have been received by the government. In reviewing these petitions, the government has paid particular attention to the impact of any action on the competitiveness of the domestic market and on the possibility that it would support modernization of the industry. Behind the political acceptance of this disciplined approach lies widespread recognition of the social as well as economic progress that liberalization has supported.