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Eu Anti Circumvention Rules


Eu Anti Circumvention Rules
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Eu Anti Circumvention Rules


Eu Anti Circumvention Rules
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Author : Edwin Vermulst
language : en
Publisher:
Release Date : 2015

Eu Anti Circumvention Rules written by Edwin Vermulst and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Antidumping duties categories.


This 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.



Eu Anti Dumping And Other Trade Defence Instruments


Eu Anti Dumping And Other Trade Defence Instruments
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Author : Van Bael & Bellis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-05-22

Eu Anti Dumping And Other Trade Defence Instruments written by Van Bael & Bellis and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-22 with Law categories.


The sixth edition of this definitive work, last revised in 2011, gives detailed attention to all legislative, regulatory and judicial developments that have arisen under European Union (EU) and World Trade Organization (WTO) law on trade defence instruments up to February 2019, including the amended 2018 EU anti-dumping regulation. As trade law practitioners and scholars have come to expect from the trade law team of the Brussels law firm Van Bael & Bellis, the book continues to provide comprehensive, up-to-date analysis and critical commentary on EU instruments dealing with anti-dumping, countervailing, safeguard and trade barrier measures. The emphasis throughout is on the practical application of the rules. The book covers every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; rules for the determination of permissible adjustments; clarification of the terms ‘significant distortions’ and ‘distortions on raw materials’; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if ‘Union interest’ calls for intervention; examining the differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping or countervailing measures; rules governing the standing of various interested parties before the European Courts; allocation and administration of quantitative quotas; and surveillance measures. As a detailed and practical commentary on the relevant aspects of the EU trade defence instruments as actually applied by the EU institutions in the light of WTO law, this book is the pre-eminent work in the field which remains without peer as a guide to EU trade defence law.



Eu Anti Dumping And Other Trade Defence Instruments


Eu Anti Dumping And Other Trade Defence Instruments
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Author : Ivo Van Bael
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01

Eu Anti Dumping And Other Trade Defence Instruments written by Ivo Van Bael and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.


The authors [of this fifth edition] from the firm "Van Bael & Bellis" cover every issue likely to arise in any trade defence matter, including all of the following and more : determining the dumping and injury margins ; determining the subsidy margin ; determining the causal link between dumping or subsidy and injury ; determining if 'Union interest calls for intervention ; differences between anti-dumping and anti-subsidy legislation ; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent circumvention of anti-dumping measures ; rules for the determination of permissible adjustments ; rules governing the standing of various interested parties before the European Courts ; rules and procedure applicable to non-market economy countries ; special rules on products originating in a developing country ; allocation and administration of quantitative quotas ; surveillance measures ; and whether and to what extent safeguard measures are subject to judicial review.



Circumvention And Anti Circumvention Measures


Circumvention And Anti Circumvention Measures
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Author : Yanning Yu
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01

Circumvention And Anti Circumvention Measures written by Yanning Yu and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Technology & Engineering categories.


The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.



A Concise Guide To The Eu Anti Dumping Anti Subsidies Procedures


A Concise Guide To The Eu Anti Dumping Anti Subsidies Procedures
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Author : Themistoklis K. Giannakopoulos
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01

A Concise Guide To The Eu Anti Dumping Anti Subsidies Procedures written by Themistoklis K. Giannakopoulos and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.


Unfair trading practices such as dumping and the granting of subsidies have long been identified as threats to open markets. Yet despite decades of international trading rules, global markets are still jeopardized by practices which can cause material injury to industries and put employment at risk. The European Union has been a leader in its determination to ensure that its industries are not disadvantaged by such practices, that Community interests are defended, and that fair competition is restored where needed. The basic texts which form the legal basis of anti-dumping and anti-subsidy investigations in the Community entered into force in 1996 and 1997. The procedures developed in these texts, as amended, and in their corresponding regulations, are the subject of this extremely helpful guide. Practitioners who must follow these often complex procedures will find precise guidelines for the substantive determinations that must be made such as calculating the material injury, determining the cause of injury, and applying the Community interest test and then be able to move confidently through every procedural step, including the following: Initial complaintQuestionnairesConfrontation meetings and oral hearingsInvestigations by Commission official;Offer and acceptance /rejection of undetaking;Commenting on the Commission's provisional decisionRequesting review of measures and refunds andJudicial review Throughout the presentation the author describes relevant cases and actual measures taken. Tables of cases and measures as well as a bibliography are included. Business people and their counsel, whether engaged in trade within the EU or between any country and an EU Member State, will benefit enormously from the detailed guidance offered in this incomparable volume. The book will also be invaluable to academics and policymakers as an unclouded analysis of anti-dumping/anti-subsidies procedures under EC law.



Eu Digital Copyright Law And The End User


Eu Digital Copyright Law And The End User
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Author : Giuseppe Mazziotti
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-02-19

Eu Digital Copyright Law And The End User written by Giuseppe Mazziotti and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-19 with Law categories.


This book presents a thorough exploration of the legal framework of EU digital copyright law from the perspective of the end-user. It provides a detailed examination of the implications that the spectacular rise of this new actor creates for the interplay between the EU copyright system and human rights law, competition law and other important policies contained in the EC Treaty. This comprehensive, book is crucial reading for lawyers, policymakers and academics.



Dumping And Subsidies Law And Procedures Governing The Imposition Of Anti Dumping And Countervailing Duties In The European Community


Dumping And Subsidies Law And Procedures Governing The Imposition Of Anti Dumping And Countervailing Duties In The European Community
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Author : Clive Stanbrook
language : en
Publisher: Kluwer Law International B.V.
Release Date : 1996-01-01

Dumping And Subsidies Law And Procedures Governing The Imposition Of Anti Dumping And Countervailing Duties In The European Community written by Clive Stanbrook and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Law categories.


This book, now in its third edition, is written for lawyers, trade associations and marketing managers. It is one of the first to deal with the new regulations on dumping and subsidies which were adopted to implement the European Union's obligations under the Uruguay Round's 1994 Anti-Dumping Code and the 1994 Subsidies and Countervailing Measures Code. It places the highly complex subject of dumping and subsidisation in its WTO and EU contexts before taking the reader through a legal and arithmetical analysis of the technicalities involved. The book has been completely revised and expanded since it was last published in 1983, and provides many more worked examples, and draws on the much enlarged case-law of the European Court of Justice to illustrate the discussion. With more than ten years additional experience since the last edition, the authors provide a stimulating analysis of the turning points in Community anti-dumping law: revocation of undertakings, non-cooperation, five year sunset reviews, screwdriver assembly, anti-absorption measures, newcomer reviews, and now, with the new regulations, currency conversions, detailed rules on sampling methods, de minimis rules on injury, procedural deadlines, consumer interests and a new approach to circumvention.



Guide To International Anti Dumping Practice


Guide To International Anti Dumping Practice
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Author : Derk Bienen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-09-01

Guide To International Anti Dumping Practice written by Derk Bienen and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-01 with Law categories.


This book is the first to bring together the actual practices and procedures in all the major users of anti-dumping. The countries surveyed include all the so-called ‘traditional’ users (Australia, Canada, the EU, New Zealand, South Africa, and the United States) as well as the leading ‘new’ users (Argentina, Brazil, China, India, Korea, Mexico, and Turkey). The book provides not only an overview of each of the systems considered but also a detailed reference to the way different jurisdictions have handled specific issues. In addition, the structure for each chapter is virtually identical, allowing for a ready comparative analysis of various topics. These topics include the following: ; applicable legislation, regulations, prescribed guidelines and procedures; decision-making process and time-line; the likelihood of an investigation leading to the imposition of measures; statistics 1995–2011 with details of actual investigations and duties imposed; threshold of injury and calculation of non-injurious price; establishment of causal link; verification reports, hearings, access to information, and other procedural issues; reviews and refunds; and anti-circumvention measures. An introductory chapter provides a comparative statistical analysis of the use of anti-dumping by the thirteen countries, highlighting key features of anti-dumping systems in a comparative way. The introduction also assesses the important impacts of China’s accession to the WTO in 2001 and of the economic and financial crisis of 2008–2009, discusses the treatment of non-market economies, and notes emerging tendencies in anti-dumping reform. This is an invaluable work on a key area in trade (and competition) law, written by a team of well-known experts. With its comprehensive and practical format, the book will be of great interest to practitioners dealing with anti-dumping cases, including trade law practitioners who may have to defend anti-dumping cases in different jurisdictions, attorneys in international trade law and competition law, government officials, academics, and researchers.



Anti Dumping In The Wto The Eu And China


Anti Dumping In The Wto The Eu And China
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Author : Dr. Yan Luo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01

Anti Dumping In The Wto The Eu And China written by Dr. Yan Luo and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.


Country Driving illuminates the vast, shifting landscape of a traditionally rural nation that, having once built walls against outsiders, is building the roads and factory towns that will shape the twenty-first century. --Book Jacket.



Avoiding Evasion Or Evading Avoidance Ec Anti Circumvention Regulation Fifteen Years After The Screwdriver Panel Report


Avoiding Evasion Or Evading Avoidance Ec Anti Circumvention Regulation Fifteen Years After The Screwdriver Panel Report
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Author :
language : en
Publisher:
Release Date : 2005

Avoiding Evasion Or Evading Avoidance Ec Anti Circumvention Regulation Fifteen Years After The Screwdriver Panel Report written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.