Commentaries

Author: Kim Kampel (International Centre of Trade and Sustainable Development - ICTSD)
Time: 5/2017

Author: Kusum Dhanania & Worabhatra Chantramitra 
Time: 5/2014

Many countries follow multi-lateral trade practices and offer the most favoured nation status on non-tariff grounds. Despite the general trend towards openness and integration, domestic as well as international pressures have ensured trade protectionism in the form of tariffs, anti-dumping and other safeguard mechanisms.

The US President Barack Obama, moments before signing The Manufacturing Enhancement Act of 2010, stated in his speech that “...[manufacturers] often have to import certain materials from countries and pay tariffs on those materials. This legislation will reduce or eliminate some of those tariffs, which will significantly lower costs for American companies across the manufacturing landscape...” (Obama,2010). Input trade liberalization certainly...

The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (hereinafter “Anti-Dumping Agreement”) defines the term “dumping” as the introduction of a product into the commerce of another country at less than its “normal value”. Needless to say, determination of a “normal value” is critically important in any anti-dumping duty investigation...

This article explores China’s behaviour in taking antidumping actions against its trading partners with a focus on those actions having been challenged under the WTO dispute settlement mechanism. It argues that the typical motivations behind China’s resort to antidumping include protection, retaliation, industrial development, and export promotion. These motivations would likely outweigh China’s observance of WTO obligations in deciding whether to...

Under Section 15 of the Chinese WTO Accession Protocol, China can be treated as a non-market economy (NME) in anti-dumping proceedings if Chinese firms cannot prove that they operate under market economy conditions. The main implication of NME status in anti-dumping proceedings is the possibility to use other methodologies to determine the normal value of the good, instead of using domestic...

Market economy status (MES) – a technical term used in antidumping investigations – has come to the top of the international agenda, bringing heated discussions on whether or not China will soon be granted this status. China argues that its WTO accession documents foresee an automatic acquisition of MES after 11 December 2016. Yet for many other WTO members, the text...

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