Devise an effective remedy, within the WTO guidelines, based on the
premise that injury has occurred within a specified industry;
Effectively record data relevant to the countervailing measures that
might be evidenced in the case for a Sunset Review;
Establish the WTO requirement for suspension of the countervailing
measures;
Determine the situations under which a Sunset Review is permitted
under the ADA;
Devise a communication mechanism that will effectively inform
Industrialists and other relevant parties, the aspects of the ADA
and their role in the suspension of the countervailing measures and
the establishment of a sunset review;
Use case examples to build a scenario within which to conduct a
sunset review;
Use data from a sunset review to determine whether there are grounds
for the continuance or suspension of the countervailing measures;
Look beyond the sunset review and countervailing measure suspension
to the formulation of government policy and strategy that will
discourage dumping, within the ADA.
Course Contents, Concepts and Issues
Part 1 – Trade and The Global Economy
The Role of International Trade in Economic
Development, Sustainability and Growth;
Openness and Productivity;
The World Trade Agreement (WTA) 1994;
The Establishment of the World Trade Organization (WTO);
Agreement Establishing the World Trade Organization;
Article I - Establishment of the Organization;
Article II - Scope of the World Trade Organisation (WTO);
Article III - Functions of the World Trade
Organisation (WTO);
Article IV - Structure of the World Trade
Organisation (WTO);
Article V - Relations with Other Organizations;
Article VI - The Secretariat;
Article VII - Budget and Contributions;
Article VIII - Status of the World Trade
Organisation (WTO);
Article IX - Decision-Making;
Article X – Amendments;
Article XI - Original Membership;
Article XII – Accession;
Article XIII - Non-Application of Multilateral Trade
Agreements between Particular Members;
Article XIV - Acceptance, Entry into Force and
Deposit;
Article XV – Withdrawal;
Article XVI - Miscellaneous Provisions;
The Uruguay Round Protocol GATT 1994;
Understanding the General Agreement on Tariffs and
Trade (GATT);
GATT's Relationship to Environmental Policy;
World Trade Organisation (WTO) Agreement on
Agriculture;
World Trade Organisation (WTO) Agreement On Sanitary
and Photo Sanitary Measures;
World Trade Organisation (WTO) Agreement on Textiles
and Clothing;
World Trade Organisation (WTO) Agreement on
Technical Barriers to Trade;
World Trade Organisation (WTO) Agreement on
Trade-Related Investment;
World Trade Organisation (WTO) Agreement on
Pre-Shipment Inspection;
World Trade Organisation (WTO) Agreement on Rules of
Origin;
World Trade Organisation (WTO) Agreement on Import
Licensing Procedures;
World Trade Organisation (WTO) Agreement on
Subsidies and Countervailing Measures;
World Trade Organisation (WTO) Agreement on
Government Procurement.
Part 2 – Dumping Determination and Anti-Dumping Duty
Defining “Dumping”;
Determination for Calculation of Normal Value:
Domestic Price:
Like Product;
Sales in the ordinary Course of Trade;
Insufficient Volume of Sales;
Third Country Exports;
Constructed Normal Value.
Criterion for Imposing Anti-Dumping Measures;
Calculation of Dumping Margin;
Material Injury;
Factors to be Considered in Making Determinations of
Material Injury;
Causal Link between the Material Injury and the
Dumped Import;
Investigation to Determine Imposition of
Anti-Dumping Measure;
Circumstances when Investigation will be Terminated;
Imposition and Collection of Anti-Dumping Duties.
Part 3 – Anti-Dumping Case: India vs. Mexico for the
Importation of Acrylic Fibre
Subject;
Product Involve and Scope of Investigation;
The Parties;
Standing;
India’s Claim:
Like Goods;
Dumping and Dumping Margin;
Injury and Causal Link.
Final Findings of the Ministry of Commerce of New
Delhi:
Product under Consideration;
Like Articles;
Dumping;
Injury and Causal Link.
Final Findings;
Amount of Imposable Anti-Dumping Duty.
Part 4 – Actionable Forms of Dumping and Its Effect
Actionable Forms of Dumping:
Predatory Dumping;
Cyclical Dumping;
Market Expansion Dumping;
State-Trading Dumping;
Strategic Dumping.
Effects of Dumping on Original and Transhipment
Countries and Domestic Countries;
The Patriotism Instance: The British Flag Scenario;
Europe and the World Trade Directorate;
European Commission’s Investigation of Allegations
of Injury to The EU Steel Industry, Caused by
Subsidised Imports from India and Korea;
Analysis the EU Findings:
Were Other Imports to Blame?
Does the Domestic Industry Suffer From Over
Capacity?
The UK Trade and Investment White Paper, ‘Making
Globalisation a Force for Good’;
Analytical Support for the Trade and Investment
White Paper;
The UK’s Response to the EU Commission’s Concern on
the Anti-Subsidy.
Part 5 – Subsidy: (Countervailing) Determination and
Countervailing Duties
Defining Subsidy, in the SCM Agreement;
Subsidy as Direct Transfer of Funds and Fiscal Benefits;
Subsidy as Goods, Services, or Price Support;
Why are Certain Subsidies Unfair?
Specific or Non-Specific Subsidies;
Subsidies for Industrial Research and Pre-Competitive
Development Activities;
Pure Research, Industrial Research, and Pre-Competitive Research
Activities, as specified in the SCM Agreement;
Subsidies for Industrial Research and Pre-Competitive
Development Activities;
Subsidies for Disadvantaged Regions;
Subsidies for Environmental Adaptation;
Non-Actionable Subsidies;
Subsidy Notification and Annual Update;
Prohibited Subsidies;
Remedies for Prohibited Subsidies;
Adverse Effects of Subsidies;
Contextualising Serious Prejudice;
Remedies for Actionable Subsidies, Having Adverse Effect or
Causing Serious Prejudice.
Countervailing Measures for Harmful Subsidies
Application and Initiation of a Countervailing Investigation;
Consultations in a Countervailing Investigation;
The Evidence Stage in a Countervailing Investigation;
Simultaneous Invocation of Parts II (Article 4) III (Article 7)
and V (Article 10);
Subsidy Calculation: Benefit to Recipient.
Part 6 – Concessions for Developing and LDC Countries &
Countervailing Measures
Special and Differential Treatment for Developing Countries, and
Least Developed Countries (LDC)
Exoneration from the Ascription of Prohibited Status;
Subsidy Phase-out on Expert-Competitiveness of Developing
Countries;
Developing Countries and Prohibited and Actionable Subsidies;
Determination of Injury in a Countervailing Measures
Investigation;
Definition of a Domestic Industry, for the Purpose of
Countervailing Measures;
Imposition of Provisional Countervailing Measures.
Undertakings, Provisional, Definitive and Retroactive
Countervailing Measures
Undertakings, and Provisional and Definitive Countervailing
Measures;
Retroactive Imposition of Countervailing Measures;
Imposing and Collecting Countervailing Duties.
Part 7 – General Agreement on Trade in Services (GATS)
The Inception and Development of the General Agreement on Trade
in Services (GATS);
The Council for Trade in Services or Services Council;
How Does General Agreement on Trade in Services (GATS) Work?
Defining a Service, Under General Agreement on Trade in Services
(GATS);
Which Services Do General Agreement on Trade in Services (GATS)
Incorporate?
General Agreement on Trade in Services (GATS) Service
Modalities;
World Trade Organisation (WTO) Participation in General
Agreement on Trade in Services (GATS), Generally;
World Trade Organisation (WTO) Commitment to Health and Social
Services;
General Agreement on Trade in Services (GATS) Trade Policy
Review of Subsidies in Services;
The Work of Services Council on Least-Developed Countries (LDCs)
and E-Commerce;
General Agreement on Trade in Services (GATS) for Least
Developed Countries (LDCs);
General Agreement on Trade in Services (GATS) and the E-Commerce
Work Programme;
The Working Party on GATS Rules (WPGR);
General Agreement on Trade in Services (GATS) Emergency
Safeguard Measures;
Government Procurement in Services;
General Agreement on Trade in Services (GATS) and National
Security.
Part 8 – The Sunset Review
The Institution of Anti-Dumping Measures;
Standard for Anti-Dumping Investigation – ADA Article 5
Research Evidence of Dumping;
Level of Damage and Duration of Anti-Dumping Measures:
Provisional Anti-Dumping Duty;
Definitive Anti-Dumping Duty Measure.
The Principles of Sunset Review;
Notification of Anti-Dumping Measures.
Part 9 - An Examination of Selected Anti-Dumping Cases from:
Argentina
Brazil
Chile
China
Colombia
Czech Republic
Korea
India
Malaysia
Mexico
New Zealand
Philippines
South Africa
Taiwan
Turkey