79 research outputs found
EU anti-circumvention rules : do they beat the alternative?
No full textThis article discusses EU law and practice with regard to tackling circumvention of trade defence instruments, notably anti-dumping measures. The author considers that, while strong legal arguments can be made that anti-circumvention rules are WTO-illegal, as a practical matter transparent and predictable anti-circumvention rules are to be preferred over vague and multi-interpretable non-preferential origin rules that vary from country to country. Furthermore, the many findings of transhipment in EU anti-circumvention investigations show that circumvention may constitute a real problem which warrants quick and effective relief. Therefore, the article suggests that the way forward is to agree on detailed anti-circumvention rules within the WTO with focus on further improvements in transparency and predictability
Free Zone Incentives in MERCOSUR Countries and WTO Law
No full textPublished source: Gabriel Gari, 'Free Zone Incentives in MERCOSUR Countries and WTO Law' (2011) 6 Global Trade and Customs Journal, Issue 5, pp. 223–244
ID: GTCJ2011031This article examines the consistency of the incentives offered by free zone regimes in Argentina, Brazil, Paraguay, and Uruguay with World Trade Organization (WTO) law. It suggests that some of the incentives offered to free zone users are inconsistent with the Agreement on Subsidies and Countervailing Measures (ASCM) because they constitute a ‘subsidy’ within the meaning of the ASCM, subject de iure or de facto to export performance, most notably, exemptions of direct taxes, exemptions of custom duties on the import of capital goods, exemptions of payment of social welfare charges, unqualified exemptions on payment of indirect taxes, and the possibility to supply goods or services to free zone users at promotional rates. By contrast, this article suggests that there are no significant inconsistencies between free zone incentives and the General Agreement on Trade in Services (GATS) but warns that the situation could change in the future if, as a result of multilateral negotiations, MERCOSUR countries opt for extending their GATS commitments to new sectors and modes of supply
Competition and anti-dumping: Continued peaceful co-existence?
No full textEU anti-dumping and competition policy overlap to a certain extent in their goals and means. However, there are many differences in the aims and means of both policies, which make the relationship between both policies a multifaceted one. This paper reviews the conceptual differences between both economic policies, and attempts to consider a recent large anti-dumping proceeding from the point of view of competition policy. The conclusion is that the facts of that proceeding would clearly not be actionable under competition law. The authors believe that market access policy might be a better replacement for competition policy
Comment: United States – Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina
No full textThe world trading system: Recent trends
No full textTariffs no longer represent the most serious impediment to international trade. As the importance of tariffs in restricting free trade has been declining, non-tariff barriers are becoming increasingly important. The use of selected non-tariff barriers is analyzed, focusing on anti-dumping measures, voluntary export restraints, trade related investment measures, and trade related intellectual property rights. Coming multilateral negotiations will have to concentrate on non-tariff barriers. A first prerequisite for successful negotiations is to increase transparency of these instruments. Only if transparency is ensured, improved enforcement mechanisms can be implemented.
INJURY DETERMINATIONS IN ANTIDUMPING INVESTIGATIONS IN THE UNITED STATES AND THE EUROPEAN COMMUNITY
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