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WTO – Law 6

WTO – Law 6. Trade Remedies. Trade Remedies. History AD Law. US Cartel Law Price Discrimination Predatory Pricing GATT Law Price Discrimination from abroad Reduction : only with material injury AD Law Price Discrimination International Aspect Material Injury Sources

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WTO – Law 6

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  1. WTO – Law 6 Trade Remedies

  2. Trade Remedies

  3. History AD Law • US Cartel Law • Price Discrimination • PredatoryPricing • GATT Law • Price Discriminationfromabroad • Reduction: onlywith material injury • AD Law • Price Discrimination • International Aspect • Material Injury • Sources • Art. VI and XVI GATT • Antidumping Agreement (AD) ofthe WTO

  4. Antidumping Measures: Prerequisites • Dumping • Material Injury • Causation • AD Investigation anddetermination

  5. Dumping • Normal Value – Export Price = Dumping margin If positive: Dumping

  6. Normal Value (2 ADA) • Price in the domestic market (= home market method) • Sale in the ordinary course of trade • Of like products • Destined for consumption in the exporting country • Comparable Price of the like products • If not in the ordinary course of trade • Price in third countries (= third country method) • Price constructed by adding costs (= constructed cost method)

  7. Export Price (2 ADA) • Ordinary Export Price • Sale in the ordinary course of trade • Of like products • Destined for consumption in the exporting country • Comparable Price of the like products • If not in the ordinary course of trade • Constructed export price

  8. Ordinarycourseoftrade • Independant partners of a sales transaction • Exceptions • Affiliated companies (arms length transactions) • Low volume or absence of trade • Sales below cost • Non-market economies

  9. Price comparison • Normal value vs. Export Price • Comparison methods • Weighted average of both prices • Transaction-to-transaction comparison of both prices • Mixed method (2.4.2) • Weighted average normal value • To individual export prices

  10. Antidumping Investigation • Article 5 (initiation and subsequent investigation) • Article 6 (rights of the parties) • Article 12 (requirements to decisions of the authorities) • Article 13 (opening of a judicial review) • Recommendation Concerning the Periods of Data Collection for Anti-Dumping Investigation (G/ADP/6 v. 29.10.98): normally between 6 and 12 months

  11. AD Measures • Definitive AD duties (art. 9) • Provisional Measures (art. 7) • Accepting Price undertakings (art. 8)

  12. Subsidies Law • Sources • Art. VI and XVI GATT • SCMA of the WTO

  13. Subsidy • Financial Contribution of a State • Or import or price support • Specificity • Conferring a benefit

  14. Status ofSubsidies ProhibitedSubsidies Export Subsidies Import Substitution Subsidies ActionableSubsidies All otherspecificsubsidies Non-actionableSubsidies Non-specificsubsidies Research Regions Environment

  15. ActionableSubsidies • Not prohibited • Specific • Adverse effects • Material Injury • Or threat of material injury • Or material retardation of the establishment of an industry • Nullification or impairment of benefits under GATT • Serious prejudice or threat thereof • To the domestic industry of another member

  16. Remedies • ProhibitedSubsidies • DSU procedurewithspecialrules (4 SCMA) • ActionableSubsidies • Track 1 – DSU procedurewithspecialrules (7 SCMA) • Track 2 – National CountervailingDutiesprocedures • Non-actionableSubsidies • Consultations • AuthorizedRemedies (9 SCMA)

  17. Results • Provisional measures after preliminary findings • Voluntary undertakings • Definitive CVDs after definitive findings

  18. Requirements of Safeguards (XIX GATT) • Unforeseen developments • Effect of the obligations under GATT • Imported products • In the importing or a requesting other member state • In increased quantities • Absolute or relative • Causing or threatening serious injury • To a domestic industry • Of like or directly competitive products

  19. Safeguards • Necessity to prevent or remedy injury • Suspension of the obligation in whole or in part • Withdrawal or modification of concessions

  20. Compensation (8) • Dutytomaintainlevel of concessions • Negotiations • Agreement on compensation • Unilateral suspension after 30 days • Countermeasuresascompensation • Waiting period 3 years • Ifsafeguardresultsfromandabsolute increasein imports • Andis in conformitywith SCMA

  21. Customs Union • Parallelism • Member states may be excluded from safeguards • If they have not been considered when calculating serious injury

  22. SafeguardMeasures • Direct or indirect safeguards • Limits • Necessary • Most suitable • Expressly justified • Exclusivity (11) • Surveillance

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