Practical and Topical Anti-Dumping & Countervailing Issues

Topics: World Trade Organization, General Agreement on Tariffs and Trade, Uruguay Round Pages: 12 (3843 words) Published: July 9, 2012

Anti-dumping along with countervailing duties emerge as a response to what governments considered as unfair trade processes which were initiated by trading partners[1]. The ADA (Anti-Dumping Agreement) of the WTO (World Trade Organization) is responsible for presiding over application of the anti-dumping measures by the nations that are members of the WTO[2]. The ADA enables member counties to implement anti-dumping policies, which are aimed at protecting their producers from grievances arising from imports of dumped products. Transparency is one of the anti-dumping issues that have raised major concern. In this perspective, even though WTO rules are theoretically transparent, in actual fact they are plagued by numerous measurement and definitional issues that hamper their effectiveness. The WTO defines rules for effective conduct of the ADA analysis, which include implementation of corrective measures, enforcement, duration of measures and settlement of disputes, injury determinations, estimation of dumping margins, and instigation of cases[3]. Hence, trade reformers have embarked on various attempts to refurbish anti-dumping procedures for quite a long time, recently in Uruguay Round, and again in the Doha Round. Among the measures advocated for is procedural and transparency fairness while carrying out anti-dumping investigations as well as while applying the anti-dumping measures. This research paper endeavors at providing an analysis of one of the WTO (World Trade Organization)’s anti-dumping and countervailing issue, which is Transparency of Anti-Dumping Activity. Setting the political prerequisite of embracing anti-dumping decrees, in addition to the jeopardy associated with the misuse of these decrees, the principal query is how to invent the accurate rules[4]. These rules ought to offer an effectual balance amid the welfare of domestic producers who are affected by supposed dumping and those who are affected by the anti-dumping measures. Among the myriad of possible avenues include increase in transparency. The WTO realized the significance of ensuring transparency of the anti-dumping undertakings and measures. In this context, WTO members are entitled to ensure public availability of the regulations and rules affecting trade, the way as to which domestic regulations are enforced, and the manner in which the regulations and rules are promulgated[5]. Moreover, transparency entails the requisite to inform the proper WTO committees on the diverse types of governmental actions that in turn assist in monitoring the conformity with WTO rules. Additionally, transparency provisions endeavor at enhancing unambiguous, predictable, and precise processes for governing trade- associated dealings. In this context, members and exporters ought to have adequate information to function efficiently within other members’ regulatory milieu. Hence, transparency is an imperative ingredient in realizing procedural fairness. In respect to the anti-dumping undertakings, a central requisite with which the WTO committee ought to abide by is a timely notification to all concerned parties about any proposed finding that the committee makes. Equally, the parties should be allowed to present their comments. Evidently, to permit the parties to defend their wellbeing effectively, disclosure should have effect before imposition of the provisional measures. Such timely disclosure is vital in allowing the committee to take into consideration each of the parties’ representations when adopting its prelude decision. Moreover, this disclosure enables the parties to identify any perceptible faults in the committee’s assessment whenever they emerge. Nevertheless, lack of transparency in anti-dumping proceedings is not a domination of community authorities. As Delegation of the European...
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