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Dumping, Investigation :checkered_flag:, between purchasers in different…
Dumping
Determination :red_cross:
fair comparison export price/normal value :check:
due allowance for differences
same level of trade
downstream sales prices
additional sales taxes
costs and profits of the reseller
physical characteristics
time
export price
transaction price
constructed export price :recycle:
allowances costs and profits
first sold to independent buyer
Margin
export price - normal value / export price
for each exporter/foreign producer
prices of all their export transactions
W-W (weighed average)
T-T (transaction)
W-T
pattern of export prices that differ significantly
normal value
ordinary course of trade
below costs?
substantial quantities
extended period of time
do not recover within reasonable period
affiliated parties?
of "like product"
art. 2.6 :pencil2:
identical/close ressemblance
for consumption in the exporting country
comparable price
Not straightforward?
low sales:
third country price
constructing normal value :recycle:
profit + cost of production + reasonable amount SG&A
OR
less 5%
art. 2.7 :pencil2:
non-market economy
no sales
Causation :warning:
between dumped imports and the injury to domestic industry
non-attribution
not the sole cause
genuine and substantial
Factors
trade-restrictive practices of and competition between foreign and domestic producers
developments in technology
contraction in demand or changes in the pattern of consumption
export performance and productivity
volume and prices not sold at dumping prices
cumulation
effects more than one country
permitted!
What it is? :question:
price discrimination :fire:
profit
cost
costs of production (direct)
manufacturing
labour
inputs
materials
fixed costs (overheads)
building, equipment
operating costs
not associated with specific sales
price cannot go under! :!!:
Types (VINER) : :
Sales at prices with which (foreign) competitors cannot cope
Sales at prices abroad which are lower than current home prices :warning:
Sales at prices below foreign market prices
Sales at prices unremunerative to the sellers
needs comparability
spurious dumping (Viner)
can be concealed
AGREEMENT :pencil2:
export price less than normal value
condemned
if it causes or threatens to cause
material injury of the importing country :no_entry:
limits
provisional measures
price undertakings
definitive anti-dumping duties
Injury :no_entry:
to the domestic industry
domestic producers as a whole
major proportion of them
quantitative
qualitative
Types
Material injury
objective examination
good faith/fairness
positive evidence
quality
Volume dumped imports and effect on prices
impact of these imports on domestic industry
significant increase/price undercutting
may lead to price depression/suppression
imports more one country
assessment domestic production of like product
Threat of material injury
Significant rate increase dumped imports
capacity exporter
inventories product
import prices with impact
Material retardation
was the domestic ind established?
was the establishment retarded?
Investigation :checkered_flag:
records exporter or producer
gral accounting pples
reasonably reflect costs
indicate information for fair comparison
not unreasonable burden of proof
initiation :unlock:
evidence needed
accurate
not if
de minimis (>2%)
volume negligible >3% imports
conduct
notice
questionnaires
at least 30 days
full opportunity!
non-confidential summaries
good cause
not all info but accurate
facts available
but not less fav outcome only for that
data <12 months, injury at least 3 years
between purchasers in different national markets
art. 2.1 :pencil2:
US - Hot Rolled Steel
ex factory normally
for any other difference
Us - Softwood lumber V
Zeroing?
only considering positive comparisons
export price < normal value
US - Washing Machines
US - Differential Pricing Methodology :!:
Material risk of distorsion
EC- Fasteners (China)
China - HP-SSST
no requirement that undercutting leads to depression/suppression
Australia - A4 paper
what matters is no comparison
association or compensatory arrangement
Thailand - H Beams
Ilustrative list
EU - Biodiesel
Ukraine - Ammonium Nitrate
art. 2.2.1.1 :pencil2:
art. 2.4 :pencil2:
art. 2.2 :pencil2:
art. 2.3 :pencil2:
OR
art. 2.4 :pencil2:
art. 2.4.2 :pencil2:
EC - Bed Linen
Us - Softwood lumber V 21.5
art. 4.1 :pencil2:
OR
art. 3.1 :pencil2:
art. 3.2 :pencil2:
art. 3.4 :pencil2:
economic factors having a bearing
art. 3.7 :pencil2:
Morocco - Hot Rolled Steel (Turkey)
art. 3.5 :pencil2:
art. 3.3 :pencil2:
art. 5 :pencil2:
art. 6 :pencil2: