Anti-Dumping Measures Research Articles

The Export Dilemma of China under the WTO Framework: An Anti-Dumping Study on the Determination of Market Economy Status

As China emerges as a dominant force in the global economy, the issue of non-market economy status has become a key issue, particularly in the face of biased anti-dumping measures enforced by other nations. These measures have seriously affected China's export-oriented economy by creating substantial trade barriers. The essay utilizes a blend of literature review, comparative analysis, and data examination, drawing on historical experience and the legal principles and rules as outlined in the WTO agreements. The results show that although China has achieved certain advancements in pursuing acknowledgment of its market economy status, it still faces significant challenges due to political and economic factors.This essay will discuss anti-dumping measures exert considerable pressure on businesses operating within developing economies, and on this basis, it will provide corresponding thoughts and suggestions for China to secure the market economy status, and for Chinese enterprises not to be hit by it as far as possible.

Актуальные проблемы применения антидемпинговых мер в системе государственных (муниципальных) закупок

At present, in the context of a difficult geopolitical situation, the application of an unprecedented number of economic sanctions against Russia, the task of targeted and at the same time effective spending of budgetary funds is urgent. In this regard, the forms of administrative management and control of the system of state and municipal procurement considered in the article, in particular, anti-dumping regulation carried out in order to protect public interest, are of particular practical interest. The article presents an analysis and assessment of the applied anti-dumping measures in the Russian contract system, which made it possible to identify the problems of applying anti-dumping measures in the system of state (municipal) procurement.

Dispute Settlement between Indonesia and Australia on A4 Copy Paper AntiDumping Case by World Trade Organization (W.T.O.)

The World Trade Organisation (WTO) has rendered the resolution of the A4 copy paperanti-dumping dispute between Indonesia and Australia a matter of worldwide significancein recent times. The dispute originated when Australia levied anti-dumping tariffs on A4copy paper imported from Indonesia. Consultations were conducted between Indonesia andAustralia, but, a consensus could not be achieved. Indonesia subsequently initiated legalproceedings before the World Trade Organisation (WTO), which ultimately rendered averdict in favour of Indonesia's claim against Australia for the imposition of an antidumping duty (BMAD) on A4 copy paper originating from Indonesia. An examination ofdispute settlement proceedings reveals that the World Trade Organisation (WTO) aims toguarantee that anti-dumping measures do not infringe against WTO regulations. Thisarticle will provide a detailed analysis of the World Trade Organisation (WTO) resolutionof the A4 copy paper anti-dumping conflict between Indonesia and Australia, and itsconsequences for international commerce.

Implementation of anti-dumping duties on iron and steel products: Effects on the Indonesian economy

This research aims to empirically study the impact of Indonesia's anti-dumping measures on the performance of related imported products in 2011. Using the GTAP-E model, the region is divided into 9 regions and the industrial sector is grouped into 2 industries. Empirical results indicate that the imposition of a 20% Anti-Dumping Duty (BMAD) is ineffective in restricting trade from targeted countries. The GDP of non-targeted countries increased, but international trade balances correlated negatively with each BMAD imposition. Additionally, domestic prices in Indonesia appear to be high due to the implementation of BMAD, which has resulted in increased prices of iron and steel in the domestic market.

Do supply chain shocks affect technological sophistication of exporting? Evidence from China’s anti-dumping measures on intermediate products

With the increasing instability of the global economy, supply chain shocks have become a significant concern for policymakers. Studies have demonstrated that supply chain shocks adversely influence firms’ imports; however, the technological sophistication of exporting, an essential factor affecting countries’ status in terms of international division of labor, has not been given sufficient attention. Using a dataset of Chinese firms over the period 2002–2013, we examine the impact of supply chain shocks caused by anti-dumping measures on the technological sophistication of exporting. We show that firms affected by such supply chain shocks experience a decline in the technological sophistication of exporting. We further demonstrate that the impact is channeled through squeezing firms’ profits and impeding firms’ access to technology spillovers. Moreover, we find that the negative effects are more prominent for firms in high-tech industries, firms without subsidies and those with greater financial constraints. Our conclusion deepens the understanding of supply chain shocks with policy implications.

Anti-dumping Duties & Countervailing Provision in Digital Trade

With the technological advancement in the world, in recent years, the rapid growth of digital trade has presented new challenges for anti-dumping duties and countervailing provisions in India. Digital technologies have reshaped the global commerce which includes cross-border data flows and Intellectual Property Rights (IPR) considerations and this has posed various complexities as traditional trade regulations struggle to adequately address these complexities of digital trade. The objective of this paper is to investigate the implications of anti-dumping duties and countervailing provisions in digital trade as well as identify the if there is any need for updating the regulatory frameworks in Indian trade laws. The problem arises from the intersection of digital trade and anti-dumping measures, where the digital economy presents essential constraints to traditional methods for evaluating market inefficiencies and establishment of fair market value. Similarly, particular issues of data flow and IPR are associated with digital product and services which introduce unique challenges, such as difficulty and quantifying intangible assets and addressing virtual market manipulations. This paper will deal with such types of specific challenges posed by the digital economy in India, including identification of digital trade-related market inefficiencies and shortcoming of existing anti-dumping provisions. Through an examination of recent cases and industry examples this study will provide practical suggestions which aims to bridge the gap of regulatory framework and foster a fair and competitive digital trade environment. In summary, this research paper examines the implication of digital trade such as data flows & IPR on the anti-dumping duties and countervailing measures and whether there is a need for any update in the regulatory framework in Indian trade regulations

The Impact of Anti-Dumping Measures on the Export of Intermediate Goods in Chinese Manufacturing Industry - Based on the perspective of ownership of importing firms

Abstract This paper links the OECD-ICIOMNE database with the OECD analytical AMNE database. Based on the ownership of importing countries' enterprises, it dissects the scale of intermediate product exports in the Chinese manufacturing industry. Furthermore, it combines this analysis with the Temporary Trade Barriers Database to explore the heterogeneous effects of anti-dumping measures on the scale of intermediate product exports. The study finds that: (1) The scale of intermediate product exports from the Chinese manufacturing industry to domestically owned enterprises in importing countries is higher than that to the third-country multinational corporations within the importing country, with the lowest scale observed for exports to Chinese multinational corporations located within importing countries' borders. (2) Under the impact of anti-dumping measures, the negative effect on the scale of intermediate product exports to domestically owned enterprises in importing country is greater than that on exports to the third-country multinational corporations within the importing country. However, exports to Chinese multinational corporations within importing countries' borders don’t experience a significant impact. (3) The endowment of factors in Chinese manufacturing industries and the regions to which importing countries belong will lead to heterogeneous impacts on the relationship between anti-dumping measures and the scale of intermediate product exports. Keywords: Scale of Intermediate Product Export, Importing Country, Domestically Owned Enterprise, Chinese Multinational Corporation, Third-country Multinational Corporation.

THE EFFECTS OF THE EU ANTI-DUMPING MEASURES ON CHINESE-LISTED EXPORTERS — A MESOECONOMIC PERSPECTIVE

Based on outcomes derived from a mesoeconomic model, this study examines the impact of European Union (EU) anti-dumping (AD) measures on listed Chinese exporters using the Propensity Score Matching with Difference-in-Differences (PSM-DID) method. Using yearly transaction data covering all Chinese listed exporters over 2000–2015, our findings indicate that EU AD measures result in a reduction in export volume and an increase in export prices for Chinese listed exporters at the product level. This trade-dampening effect is attributed to a significant decrease in export volume per exporter rather than the exit of listed exporters from the EU market. Additionally, we find that the effects of AD measures on the export volume and price of Chinese-listed exporters do not persist beyond the first year of the imposition of AD duties.

Risk expectation from trade protectionism and firm innovation strategies: Theory and evidence from China

In this study, we construct a new measurement of a firm's trade risk expectation. We investigate how exporters’ innovation strategies respond to trade protection and their risk expectation by studying the global anti-dumping investigations against China. Specifically, using information on targeted products, we identify the trade risk level of each firm. We then develop a theoretical model to analyze how a multi-product firm adjusts its innovation strategies by its trade risk expectation when affected by anti-dumping measures, and the spillover effects of trade risk expectation on the firm's innovation strategies. This model predicts that first, affected firms will increase their R&D investment and innovation output in response to the increase of trade risk. Second, firms are more likely to choose high-quality innovation when their trade risk expectations increase. Third, for unaffected firms, an increase in trade risk expectation will lead to a growth in their innovation outputs. These predictions are aligned with the Chinese data, which are matched with an anti-dumping dataset from the Global Anti-dumping Database and several firm-level datasets. After changing the definition of trade risk expectation, excluding the cases also affected by countervailing measures and those with a zero anti-dumping tax rate, our results remain constant. This gives us further confidence that exporters with higher trade risks are more responsive to trade protection.

Indonesia's Regulation and Implementation of Subsidies in View of Agreement on Subsidies and Countervailing Measures 1995-WTO

<em><span lang="IN">Regulation and implementation of subsidies in Indonesia is in the form of financial assistance provided by the government either directly or indirectly to companies, industries, industrial groups or exporters. With the aim of increasing export activities and reducing import activities for the welfare of the people and not violating the provisions of the 1945 Constitution, as the definition of subsidies is explained in the PP. Number 34 of 2011 concerning Anti-Dumping Measures, Compensatory Measures and Trade Security Measures Article 1 paragraph 8. In the Indonesian Government's policy, subsidies are given as long as they are to achieve people's welfare, and do not violate the order in the 1945 Constitution. However, in terms of government policy to improving people's welfare and protecting the domestic economy, often causing problems in the scope of international trade. This article aims to examine and understand how subsidies are regulated and implemented in Indonesia in terms of the Agreement On Subsidies And Countervailing Measures 1995-WTO. This research is normative legal research which examines written law based on applicable laws and regulations. The results of this research are that based on the policy issued by the Indonesian government, subsidies are given in order to realize the domestic economy, so based on this policy, basically the Agreement On Subsidies And Countervailng Measures 1995-WTO limits subsidies, so that their use does not cause harm to other countries' industries.</span></em>

Analysis of China and Chinese Foreign Trade Enterprises' Response to Anti-Dumping

In the era of fierce competition in the global economy, the country which suffers the most from anti-dumping in the world is China. This implies the importance of the current Chinese foreign trade enterprises to deal with anti-dumping measures, with the possibility for enterprises to make appropriate strategic adjustments to cope with the damage to their interests in the face of anti-dumping. In view of this, based on a comprehensive analysis of the literature of the past nearly 20 years, the impact from the point of view of productivity and exports is explored, the important impact caused by the EU and the United States is analyzed, as well as some analyses of developed and developing countries for anti-dumping in the past. The conclusion is that China will likely adjust its economic structure in the face of anti-dumping, enhance its trade negotiation capacity, and eliminate anti-dumping trade barriers; and that enterprises will be able to reasonably increase productivity as well as technological progress under the pressure of anti-dumping, and reduce costs by upgrading and iterating within the enterprise. However, in the long run, this does not mean that China benefits from anti-dumping measures.

Study on Anti-Dumping Measures in International Trade Law and China's Response Strategy

Study on Anti-Dumping Measures in International Trade Law and China's Response Strategy

AN ANALYSIS OF INTERPLAY BETWEEN ANTIDUMPING AND COMPETITION LAW

This paper has endeavoured to explore the connection between Competition laws and Anti-dumping, as well as the impact on consumers and policy implications. It aims to delve into the overlaps between the objectives of anti-dumping and competition, particularly in relation to price discrimination, predatory pricing, and other issues arising from unfair trade practices under antitrust laws. The conflict and coordination between these two legal domains in regulating behaviour are also carefully examined. . The regulation of trade is posited to be more effectively achieved through antitrust as opposed to antidumping. The author argues that applying antitrust criteria to anti-dumping will help mitigate the potential misuse of anti-dumping laws. While both legal frameworks stem from unfair trade practices, they diverge in their ultimate goals. . Antitrust is geared towards consumer welfare, while anti-dumping aims to safeguard producers. The author suggests that reforming antidumping in line with antitrust principles will ensure the continued relevance of anti-dumping measures.

New Trade Remedy Methodologies and Multidimensional Responses : Towards Anti-Circumvention of Dumping

This paper is to examine anti-circumvention measures in the European Union (EU) and the United States (US) and propose the ideal circumvention prevention models in Korea. To combat circumvention of anti-dumping measures, the EU defined circumvention as export of a product in parts and assembly in a EU or a third country, slight modification of the product, export through a producer with a lower duty rate. US has defined it as goods assembled or completed in the US or in third countries, goods with minor changes, later-developed product. This study examines the specific criteria and real-world case studies in both the EU and the US, shedding light on their legal frameworks and enforcement procedures. The paper emphasizes the importance of South Korea's need for a comprehensive circumvention system and the potential implications of such a development. In a rapidly evolving global trade landscape, implementing robust anti-circumvention rules is crucial to ensuring fair competition and safeguarding domestic industries. By drawing inspiration from the experiences of the EU and the US, South Korea can bolster its trade defense mechanisms, protect its economic interests, and promote a level playing field for all stakeholders. This paper underscores that South Korea's new circumvention rules have the potential to enhance the country's trade policy and foster a more equitable and secure trading environment, both domestically and internationally.

The WTO and Using Digital Economy Technologies: Surviving the Race With Preferential Trade Agreements

This article examines the potential of Artificial Intelligence (AI) and blockchain technologies to help resolve trade disputes, facilitate multilateral trade and increase efficiency within the World Trade Organization (WTO). It looks at how AI and blockchain can be used to automate more complex trade processes, such as anti-dumping measures. The article also outlines the challenges associated with implementing such technologies, such as the need for developing countries to invest in infrastructure, the need to ensure correct data is available, and the potential for future regulatory challenges. Finally, it identifies the key measures that must be taken before AI and blockchain can become part of the WTO dispute settlement and trade facilitation system. WTO, Digital Economy, Artificial Intelligence, Trade Facilitation, Dumping, Dispute Settlement

Brief Overview of Targeted Dumping Rules

In light of increasing trade friction between China and developed economies, protecting the legitimate rights and interests of domestic enterprises in anti-dumping investigations is of great importance. Targeted dumping, which emerged during the Uruguay Round negotiations in 1994, has become a central issue in anti-dumping investigations. This paper aims to provide a comprehensive definition of targeted dumping while analyzing its historical evolution from the zeroing method to the concept of targeted dumping, alongside assessing the rules and frameworks for its application in the United States, which have reflected its ambiguity and uncertainty. The paper will also analyze the case of United States - Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China (“DS471”) and discuss the relevant central issues of targeted dumping. What we would conclude is that by analyzing the findings from the Panel and the Appellate Body of the World Trade Organization (“WTO”) regarding this case and other relevant favorable verdicts of illegality or ineffectiveness of methods used to determine target dumping in recent years in-depth, it would be a benefit for Chinese enterprise from the perspective of the response to the determination of anti-dumping measures regarding target dumping.

How antidumping measures affect US imports from China: A mesoeconomic perspective of the excess price changes

AbstractThis paper studies the impact of US antidumping (AD) measures on US import volumes and prices from China, employing both theoretical analysis (mesoeconomics) and empirical analysis (difference in differences). Using US customs data, we find that US AD measures have substantial trade‐dampening effects at the product level, and the exogenous increases of costs caused by AD duties push up the import prices of influenced import goods more than the increases in costs. We also build a mesoeconomic model that gives a reasonable and analytical explanation for our empirical findings.

Trade Dispute between the EU and Indonesia over Indonesian Steel Product

This paper examines the trade dispute between the European Union (EU) and Indonesia over Indonesian steel goods. The EU's application of customs duties and anti-dumping measures on Indonesian steel products spurred Indonesia to initiate a dispute with the World Trade Organisation (WTO), claiming breaches of the bilateral agreement struck by the two countries. The WTO's creation of a trade dispute tribunal needs compliance from both Indonesia and the EU. This study uses qualitative approaches to critically assess relevant material, including scholarly journals, papers, and news sources, to provide light on the motives behind the EU's adoption of customs and anti-dumping policies, showing underlying domestic interests. Despite the EU's displeasure with Indonesia's remedy, it is still within Indonesia's sovereign rights to take such moves. This case highlights the complexities of international trade agreements, as well as the need to follow WTO norms for settling disputes.

지역무역협정을 통한 반덤핑조치의 제한에 관한 탐색적 연구

Although traditional trade barriers such as tariffs and quotas have been significantly eliminated with the establishment of the World Trade Organization (WTO) and the expansion of regional trade agreements (RTAs), the effects of trade liberalization have been greatly impeded by the abuse of anti-dumping measures. Therefore, many countries have introduced various WTO-plus provisions to strengthen the procedural and substantive requirements for the imposition of anti-dumping duties in their RTAs. This study examined anti-dumping provisions included in 320 RTAs in effect and quantified the degree to which anti-dumping measures are restricted in RTAs using a newly developed Anti-dumping Restrictiveness Index. In addition, an exploratory analysis was conducted to identify the factors that influence the restriction of anti-dumping measures in RTAs using the index as the dependent variable. Since the 2000s, there has been a growing movement to restrict anti-dumping measures in RTAs, and it has been noted that various WTO-plus rules have been introduced to enhance the transparency of the investigation process. The results of the regression analysis showed that the degree of integration, the size of regional trade, the members' level in economic development, the frequency of anti-dumping measures, and the regional characteristics have an influence on the restriction of anti-dumping measures in RTAs.

Impact of US-China trade war on Asian economies: neural network multilayer perceptron approach

Purpose This study aims to find the impact of the trade war between the USA and China on Asian economies. Apart from macroeconomic variables associated with trade, this study explicitly creates a trade war scenario and trade war participant dummies. Using the neural network multilayer perceptron, this study checks for the causal linkages between the predictors and target output for the panel of Asian economies and the USA. Design/methodology/approach A conceptual model of the after effects of trade war in a quadrant is developed. Variables related to trade and tariffs are included in the study for a panel of 19 Asian economies. The feedforward structure of neural network analysis is used to identify strong and weak predictors of trade war. Findings The hidden layers of the multilayer perceptron reveal the inconsistency in linkages for the predictors’ services exports, tariff measures, anti-dumping measures, trade war scenario dummy with gross domestic product. The findings suggest that to curtail the impact of the trade war on Asian economies, predictors with neural evidence must be paid due weightage in policy determination and trade agreements. Originality/value The study applies a novel and little explored AI/ML technique of Neural Network analysis with training of 70% observations. The paper will provide opportunity for other researchers to explore techniques of AI/ML in trade studies.