recent developments in anti-dumping 2 june 2005 presentation: jasper wauters legal affairs officer...
TRANSCRIPT
RECENT DEVELOPMENTS IN
ANTI-DUMPING
2 June 2005
PRESENTATION: JASPER WAUTERS Legal Affairs Officer
Rules Division WTO Secretariat
RECENT DEVELOPMENTS IN ANTI-DUMPING
AN UPDATE ON THE STATE OF PLAY
BASIS OF STATISTICAL DATA
Data is based on notifications by WTO Members.
AD and CVD data: if an investigation covers imports from more than one WTO Member or country, the number of import sources are counted – for example, if three WTO Members were involved, it is counted as three initiations/measures.
No data on Reviews included.
ANTI–DUMPINGNUMBER OF MEASURES
1979 - 2004
1979
1983
1993
1995
2000
2004
Total: 2 880
ANTI-DUMPINGINITIATIONS BY SECTOR
1995 - 2004
I II III IV V
Chem
icals
Plast
ics
VIII IX
Paper
Tex/C
loth XII
Cemen
t/Gla
ss XIV
Met
als
Mac
h/Elec
tXVII
XVIIIXIX XX
Total: 2 647
ANTI-DUMPINGINITIATIONS BY SECTOR
1 JANUARY- 31 DECEMBER 2004
TOTAL: 210
ANTI-DUMPING NUMBER OF MEMBERS - INITIATIONS
1995 – 2004
0
5
10
15
20
25
30
1980 1990 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Total Number: 41
EC = 1
ANTI–DUMPINGMEASURES IMPOSED
1995 - 2004
232
166
212
148
222
184
160
124
90
119
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Total: 1 656
ANTI–DUMPINGMEASURES BY IMPORTING COUNTRY
1995 - 2004
India UnitedStates
EC Argentina SouthAfrica
Canada Turkey Mexico Brazil Australia China Korea
302
219
193
5254
139
62
113
697780
43
Total: 1 656
India UnitedStates
EC Argentina SouthAfrica
Canada Mexico Brazil Australia China Korea
ANTI–DUMPINGMEASURES BY IMPORTING COUNTRY
1 JANUARY- 31 DECEMBER 2004
TOTAL: 148
29
14
10
14
8 75 4
1410
ANTI–DUMPINGMEASURES BY EXPORTING COUNTRY
1995 - 2004
China Korea ChineseTaipei
US Japan Russia Thailand India Brazil
Total: 1 656
297
11889 83 82 76 63 5760
ANTI–DUMPINGMEASURES BY EXPORTING COUNTRY
1 JANUARY- 31 DECEMBER 2004
China Korea ChineseTaipei
US Japan Russia Thailand India Brazil
TOTAL: 148
42
1210 10
65 6
10
2
CVD’sMEASURES
IMPORTING COUNTRY1995 - 2004
UnitedStates
EC Canada Mexico Brazil Argentina
45
22
8 74
Total: 108
Members 13 (EC = 1)
Brazil initiated before 1995
6
CVD’sMEASURES
IMPORTING COUNTRY1 JANUARY- 31 DECEMBER 2004
UnitedStates
EC Brazil Canada Costa Rica Venezuela
TOTAL: 8
2 2
1 1 1 1
CVD’sMEASURES
EXPORTING COUNTRY1995 - 2004
EC India Brazil Indonesia Korea SouthAfrica
29
25
86
4
Total: 108
Members 23 (EC = 1)
6
CVD’sMEASURES
EXPORTING COUNTRY1 JANUARY- 31 DECEMBER 2004
India EC Colombia
TOTAL: 8
6
1 1
RECENT DEVELOPMENTS IN ANTI-DUMPING
THE NEGOTIATIONS
DDADDARules NegotiationsRules Negotiations
• Anti-dumpingAnti-dumping (Agreement on Implementation of (Agreement on Implementation of Article VI of GATT 1994)Article VI of GATT 1994)
• Also included in the negotiations - not discussed in the Also included in the negotiations - not discussed in the presentation:presentation:
• SubsidiesSubsidies and and Countervailing MeasuresCountervailing Measures
• FisheriesFisheries Subsidies Subsidies
• Regional Trade Agreements (Regional Trade Agreements (RTARTAs)s)
• (Safeguards not included in the mandate)(Safeguards not included in the mandate)
Mandate Paragraph 28 of the Doha Declaration
• ““In the light of experience and of the increasing application of these instruments by Members”
• Objective: “negotiations aimed at clarifying and improving disciplines”
Mandate(cont’d)
• “while preserving the basic concepts, principles and effectiveness of these agreements and their instruments and objectives,”
• “and taking into account the needs of developing and least developed countries”
Process
Negotiating Group on Rules• Chairman: Ambassador Guillermo Valles Galmés
(Uruguay)• Key dates: - January 2002 (start) - September 2003
(checkpoint) - deadline?
Anti-dumpingNegotiations: Some Players
• “Friends of AD Negotiations”: Brazil; Chile; Colombia; Costa Rica; Hong Kong, China; Israel; Japan; Korea, Rep. of; Mexico; Norway; Chinese Taipei; Singapore, Switzerland; Thailand; Turkey
• United States; India; EU; Canada; Australia; Egypt; Morocco; China
• Process open to all WTO Members
Anti-dumpingAnti-dumping
• Some 50 issues presented to the Group
• Mostly technical issues:– Article 2 (Dumping): e.g. on model matching, quantity of
sales in domestic market, prohibition of zeroing, related parties.
– Article 3 (Injury)
– Articles 5, 6, and 9 : relating to the investigation and reviews: e.g. on de minimis margins, the use of facts available, and lesser duty rule.
Anti-dumping
• Also general issues
– Transparency and procedural fairness: prompt access to non-confidential information, preliminary determinations, verifications
– Technical assistance
– Reducing cost of investigation
A CLOSER LOOK AT 3 SPECIFIC SETS OF
PROPOSALS
1. PRICE UNDERTAKINGS
• Number of Members want to clarify essential concepts of Article 8 – Price Undertakings• Friends proposal – define concepts and
minimize level of discretion for rejecting price undertakings offered • Reaction by other Members - mixed
2. REVIEWS• General drive to clarify and improve
disciplines concerning reviews:
– Procedural obligations– Substantive requirements
• Specific recent proposals on duty assessment, new shipper and changed circumstances reviews:
– Friends– US
• Sunset reviews: proposal for automatic sunset
3. CIRCUMVENTION
– “Unfinished business” from Uruguay Round
– Ministerial Decision on Anti-Circumvention
– Need to preserve effectiveness of AD instrument – prevent circumvention
– Specific recent US proposal:• Explicit recognition of 2 forms of circumvention
• Adoption of uniform and transparent procedures foranti-circumvention enquiries
RECENT DEVELOPMENTS IN
ANTI-DUMPING
DISPUTE SETTLEMENT
SOME FIGURES
– Total number of cases initiated: 329– Anti-dumping related cases initiated: 60– Total number of panel / AB reports adopted: 88– Number of reports adopted in AD cases: 20 – Number of trade remedies related reports: 31– Number of “rules” related reports: 42
MAJOR ISSUES RAISED IN ANTI-DUMPING RELATED DISPUTES
• Dumping – Article 2: (e.g. related parties, fair comparison – adjustments; zeroing)
• Injury and Causation - Article 3 (e.g. Article 3.4; non-attribution)
• Procedural issues:– Initiation requirements (Article 5)– Evidence (Article 6):
Transparency of the proceedings Confidential information Facts available (Article 6.8 and Annex II)
RECENT LITIGATION SUNSET REVIEWS
o Applicability of procedural obligations concerning investigations to sunset reviews ?:
Initiation of sunset reviews De minimis rule Cumulation applicability of Articles 6.1 and 6.2
o Substantive obligations in sunset reviews:
Likelihood determination: company specific or order wide?
Basis for specific likelihood determination Dumping margins from the original investigation ? Applicability of Article 3 - injury ?