Sunset Review Research Articles

The long‐term impact of trade protection

AbstractA sunset review policy requires that antidumping orders be removed after 5 years unless petitioners could prove that removing protection would likely lead to the resumption of dumping. Initial sunset victories are greeted favourably by the shareholders of petitioning firms, while subsequent five‐year reviews are viewed less optimistically. Securing long‐run protection through affirmative sunset reviews appears to increase CEO compensation. Overall, we find no evidence that obtaining long‐run protection actually reduces the likelihood of exit; however, steel firms that secured trade protection for 10 years+ actually observed a higher probability of exiting, indicating that long‐run trade protection failed to save these firms. Finally, we find that more innovative firms tend to survive at a higher rate with long‐run trade protection.

AORN Position Statement on Advanced Practice Registered Nurses in the Perioperative Environment

<scp>AORN</scp> Position Statement on Advanced Practice Registered Nurses in the Perioperative Environment

AORN Position Statement on Perioperative Registered Nurse Circulator Dedicated to Every Patient Undergoing an Operative or Other Invasive Procedure

<scp>AORN</scp> Position Statement on Perioperative Registered Nurse Circulator Dedicated to Every Patient Undergoing an Operative or Other Invasive Procedure

AORN Position Statement on RN First Assistants

<scp>AORN</scp> Position Statement on <scp>RN</scp> First Assistants

The Improvement of Legal Systems for the Effectiveness of Regulatory Legislation on Qualifications - Focusing on the Implications of Sunrise and Sunset Review for Occupational Licensing in the United States -

그동안 자격제도는 법학이나 입법학의 관심의 대상이 아니었고, 그 결과 입법적 측면에서의 심층적 논의대상도 되지 못했다. 그러나 우리나라에서의 자격은 단순한 능력을 인정하는 것보다는 직업을 선택하는데 있어 중요한 영향을 미치고 있고, 특히 자격취득자와 비취득자 간에 직업의 선택이나 수행에 있어 법적 또는 사실적 차별이 발생하면서 자격제도는 관심의 대상으로 변모하고 있다. 특히, 4차 산업혁명시대에서 직업의 변화와 함께 자격제도의 변화 역시 필연적으로 논의되고 있기도 하다. 법적 측면에서 관심의 대상이 되는 자격제도는 법령에 근거하여 자격취득자에게만 업무를 배타적으로 수행할 수 있거나, 자격취득자만 의무적으로 고용될 수 있는 지위에 놓일 수 있도록 하는 규제적 성격의 제도이다. 그러나 그동안의 헌법재판소나 대법원의 판례에서는 자격제도에 대한 입법자의 입법재량을 광범위하게 인정하여 왔고, 직업의 자유 제한에 대한 과잉금지 원칙에 따른 자격규제 심사시에도 상대적으로 느슨한 심사강도를 보이는 등 자격제도 관련 입법에 대해서는 사후적 통제가 쉽지 않은 구조이다.BR 그럼에도 불구하고 규제정도가 강한 자격규제를 신설 · 변경하고, 폐지하는 입법절차에 대해 일반적인 규제와 동일한 취급을 해왔다. 자격규제의 신설은 개별 중앙행정기관의 장이 할 수 있으나, 「자격기본법」을 비롯하여 자격관련법에서는 절차적인 통제절차가 미약하여 개별부처에 신설되는 유사 · 중복적 자격의 신설은 물론, 불합리한 자격의 신설도 가능하다. 한편으로는 자격규제의 변경과 폐지에 대해서는 이미 자격을 취득한 기득권자가 많아 다른 규제보다 더 변경이나 폐지가 어렵다. 자격규제는 국민의 직업의 자유의 제한을 가져오므로 최소한도로 설정될 필요가 있으나, 이를 신설 · 변경하고 폐지하는 과정에서의 절차적인 측면의 통제가 미흡한 상황에 놓여 있다. 이러한 배경에서 직업면허를 신설하거나 폐지하는 경우 일출제나 일몰제를 도입하여 시행하고 있는 미국의 몇몇 주의 경우 우리 자격규제입법시 시사점을 줄 수 있다. 본 논문은 미국에서의 직업규제, 자격규제와 관련된 현재의 동향, 일출 · 일몰제를 도입한 주에서의 시행방식 및 절차를 검토함으로써, 우리나라의 자격규제 관리를 위한 절차에 시사점을 도출하고, 이를 통하여 우리나라 「행정규제기본법」과 「자격기본법」 등 관련 법령의 개편방안을 제시한다.

AORN Position Statement on Criminalization of Human Errors in the Perioperative Setting

<scp>AORN</scp> Position Statement on Criminalization of Human Errors in the Perioperative Setting

Field Guide to Identify the Common Casuarina (Australian Pine) Species in Florida

This 6-page fact sheet that was submitted for sunset review provides practical information and photographs to anyone interested in field identification of Australian Pine. Written by William S. Castle and Michael Andreu, and originally published by the UF Department of Horticultural Sciences, May 2008. Reviewed July 2017. HS1140/HS394: Field Guide to Identify the Common Casuarina (Australian Pine) Species in Florida (ufl.edu)

A Spring without Water: The Conundrum of Anti-Dumping Duties in South African Law

The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), permits the imposition of anti-dumping duties for as long and to the extent necessary to counteract dumping which is causing injury subject to the proviso that they must be terminated after five years unless a sunset review has been initiated. Sunset review has the purpose of either permitting or terminating the continuation of an anti-dumping duty. This is significant because if the sunset review is not initiated prior to the expiry of the five year period, the anti-dumping duties will be terminated.&#x0D; Therefore, this places a greater emphasis on the determination of the precise date of commencement of the anti-dumping duties. This is because an incorrect determination of the date of imposition of the anti-dumping duty has obvious financial implications for the interested parties. To this end, the Supreme Court of Appeal in South Africa has delivered two salient judgments in this regard: firstly, in Progress Office Machines CC v SARS, and then more recently, in Association of Meat Importers v ITAC. These two cases hinge on the interpretation of the date of 'imposition' of definitive anti-dumping duties particularly where provisional measures are involved, which invariably determines the date of expiry of the duties as espoused by Regulations 38 and 53 of the International Trade Administration Commission Anti-Dumping Regulations.&#x0D; This paper contends that these two judgments are conflicting and riddled with inconsistencies. Secondly, the paper contends that the SCA has in the recent AMIE case, virtually rewritten its earlier judgment of Progress Office Machines. Lastly, the paper shows that the approach of South African courts on whether the Anti-Dumping Agreement is binding on South African law, is fraught with uncertainty and an ambivalence .The case analysis also reflects on the impact of the newly minted but yet to be implemented, Customs Duty Act, with a view to assess the impact of the new legislation on the issues currently plaguing the anti-dumping regime of South Africa. &#x0D; &#x0D;

Comparing Performance of Umbrella and Independent Nursing Boards: An Initial Review

Introduction There have been increased calls to examine the performance of nursing regulatory bodies. Despite this, few studies have been conducted. This article aims to identify potential measures that differentiate the performance or characteristics of umbrella and independent nursing boards. Method A secondary analysis of data gathered to characterize the nature of nursing boards was conducted to identify any measures or characteristics that could be used to differentiate aspects of the performance of umbrella and independent boards so as to inform regulatory body model design. Results Data from 26 umbrella and 24 independent boards were obtained. Seven boards did not provide data (four umbrella boards and three independent boards) resulting in an 87.7% response rate. Chi-square test of association identified nine measures that reached a statistically significant (i.e., p .05) level of association. The nine measures were categorized under three headings: governance, autonomy and information. Conclusions A number of measures have been identified that do demonstrate differences between umbrella and independent boards. Umbrella boards are more frequently subjected to critical review through the sunset review process. Independent boards are more communicative with their stakeholders and have greater autonomy. However, more financial and workforce data are required to provide a more comprehensive analysis of this important subject.

US – Shrimp II (Viet Nam) (DS429)

US laws and practices related to the imposition of anti-dumping measures against imports of certain shrimp products from Viet Nam. In particular, the dispute concerned various aspects of certain administrative reviews and a sunset review regarding such measures. The dispute also concerned certain US laws regarding the implementation of DSB recommendations and rulings.

Analysis of the Canada Anti-Dumping Regulations - Focusing on the Public Interest Provision and the Sunset Review Provision -

Analysis of the Canada Anti-Dumping Regulations - Focusing on the Public Interest Provision and the Sunset Review Provision -

Secret ingredients: who knows what's in your food?

British chef and food activist Jamie Oliver ignited a firestorm in January 2011 when he mentioned on the Late Show with David Letterman that castoreum, a substance used to augment some strawberry and vanilla flavorings, comes from what he described as “rendered beaver anal gland.”1 The next year, vegans were outraged to learn that Starbucks used cochineal extract, a color additive derived from insect shells, to dye their strawberry Frappuccino® drinks2 (eventually, the company decided to transition to lycopene, a pigment found in tomatoes3). Although substances like castoreum and cochineal extract may be long on the “yuck factor,”4 research has shown them to be perfectly safe for most people; strident opposition arose not from safety issues but from the ingredients’ origins. But these examples demonstrate that the public often lacks significant knowledge about the ingredients in foods and where they come from. This is not a new development; the public relationship to food additives has a long history of trust lost, regained, and in some cases lost again. The Federal Food, Drug, and Cosmetic (FD&C) Act of 19385 was passed shortly after the deaths of 100 people who took an untested new form of a popular drug, which contained what turned out to be a deadly additive.6 The new law was consumer oriented and intended to ensure that people knew what was in the products they bought, and that those products were safe. The law has been amended over the years in attempts to streamline and bring order to the sprawling task of assessing and categorizing the thousands of substances used in foods, drugs, and cosmetics. One result of this streamlining is that under current U.S. law, companies can add certain types of ingredients to foods without premarket approval from the thin-stretched Food and Drug Administration (FDA). In other words, there are substances in the food supply that are unknown to the FDA. In 2010 the Government Accountability Office (GAO) concluded that a “growing number of substances … may effectively be excluded from federal oversight.”7 Is this a problem? The answer depends on whom you ask.

Review and Revocation of Anti-Dumping Measures

In today’s globalised economy dumping is one of the most controversial issues. The Anti-Dumping Agreement of the WTO contains provisions relating anti-dumping measures. This article deals with provisions for review and revocation of Anti-dumping measures before the Uruguay Round and the Changes brought after the Uruguay Round. It also classifies the review of anti-dumping measures into Interim review, Sunset review and New Comer review. It discusses various issues which are at the helm of the affairs of the Anti-dumping with the help of relevant case-laws. The Article also examines in brief the provisions relating to review of Provisional measures and review of Price-Undertaking. It communicates in detail the Sunset Review of the 2004 Oil Country Tubular Goods Case. The Article argues the Draft Amendment to WTO Anti-Dumping Agreement and provides suggestions for improving the efficiency of current provisions. In the end, the conclusion emphasizes on the preservation of Balance of interest among WTO members. It addresses the need to settle and remove the ambiguities which gives unguided and uncontrolled discretion.

United States – Anti-Dumping Measures on Oil Country Tubular Goods (OCTG) from Mexico: a legal-economic assessment of sunset reviews

AbstractThis paper reviews the WTO Appellate Body Report on United States – Anti-Dumping Measures on Oil Country Tubular Goods (OCTG) from Mexico (WT/DS282/AB/R 2 November 2005). This dispute concerns the disciplines imposed by the Anti-Dumping Agreement on WTO Members seeking to extend their anti-dumping measures beyond the original five-year period through a so-called sunset review. Our analysis focuses on the Appellate Body's finding in this case that no causation analysis is required in sunset reviews, and addresses the AB's approach towards the legal instrument that provides for the US policy in terms of sunset reviews, the Sunset Policy Bulletin. We conclude that the Anti-Dumping Agreement, as interpreted by the Appellate Body in this and other similar cases, imposes only minimal disciplines of a general nature on Members wishing to extend the anti-dumping measure beyond its original five-year period. We argue that the ‘textual’ argument relied on to support this deferential approach is weak and has resulted in undermining the practical effect of, what was considered to be, one of the major achievements of the Uruguay Round Anti-Dumping Agreement: limiting the life span of an anti-dumping measure to five years. From an economic perspective, Panels and the Appellate Body are simply debating the wrong type of questions. The prospective nature required by a sunset review analysis raises questions such as why exporters engaged in dumping in the first place, and what the conditions of the industry were so that the dumped imports caused injury. At the moment, sunset reviews seem adrift as panels and the Appellate Body fail to give guidance to Members on how to do a more economically sound and informed review.

United States – Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina: a cloudy sunset

AbstractWe review the WTO Appellate Body report on United States – Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina (WT/DS268/AB/R, 29 November 2004). This dispute is one of several that deals with sunset reviews of antidumping-duty orders. In its ruling, the AB reasserts a rigid distinction between mandatory and discretionary law, and sets a very high standard for Member challenges to laws or practices that allow for violations of WTO obligations but do not mandate such behavior. We argue that this ruling is unfortunate, because it diminishes scope of and incentives for ‘as-such’ challenges to laws and practices, which have a potentially useful role to play in the world trading system. The AB ruling also overlooks the purpose and objectives of sunset reviews – to ensure that duty orders are not extended when their removal would generate no harm to an import competing industry – by failing to impose sufficient discipline on their conduct. We argue that a sunset review requires an evaluation of competitive conditions in the industry and of the reasons and incentives for dumping, in order that the investigating authority can judge whether the removal of a duty order would lead to a continuation or recurrence of dumping and injury. The Appellate Body's rulings in this and other similar cases have the effect of relieving the investigating authority of this responsibility and thereby render the sunset review process virtually meaningless.

United States-Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan, AB-2003-5, WT/DS244/AB/R

The WTO Anti-Dumping (AD) Agreement requires that anti-dumping duties be reviewed at least every five years (Article 11.3); pursuant to this requirement, domestic trade authorities in the US are charged with the task of making a determination as to whether, after five years, revoking the duties would be likely to lead to continuation or recurrence of dumping (Commerce) and of material injury (ITC). This is called a Sunset Review; a negative determination of likelihood, either with respect to dumping or injury, will result in the duties expiring, the ‘sun’ setting, as it were.

An Econometric Analysis of U.S. Antidumping Sunset Review Decisions

This paper is the first comprehensive analysis of the U.S. antidumping sunset review process required under WTO commitments. The econometric models study determinants of decisions by three U.S. actors: the petitioning industry, the Department of Commerce (DOC), and the International Trade Commission (ITC). Domestic industries facing potential vigorous competition seem to use sunset reviews to maintain current high domestic profits. U.S. governmental institutions use criteria broadly consistent with their legal obligations. Exports involving Chinese firms may face negative bias in the ITC process.

What is the Effect of U.S. Antidumping Duties on Imports? Some Evidence from the Sunset Review Process

The voluminous literature on the U.S. antidumping laws has a curious lacuna. There is little in this literature about the effects of antidumping duties on the volume of subject imports. One reason this key question has not frequently been investigated is the lack of data. U.S. antidumping duties are firm specific, while information about U.S. imports is collected by commodity and country, but not by firm. This paper avoids this problem by examining a sample of U.S. antidumping orders for which the duties were the same for all firms from a given country, or for which there was only one foreign firm exporting the product from the foreign country in question. Using this sample, the present paper is the first study of which the author is aware that investigates the relation between antidumping duties and subject imports using accurate information about the level of antidumping duties. The paper is also unique in accurately measuring the quantity of imports affected by the antidumping duties. The study uses import quantity data reported by the USITC in its Sunset Review reports, rather than using ten-digit HTUSA categories, which sometimes do not match antidumping product definitions precisely. The price of using this unique dataset is that the current study is restricted to a sample of only 32 of the approximately 350 antidumping orders originating during the relevant years, of which about 188 are still in effect. Some evidence is presented suggesting that the sample of orders used may be representative of the larger universe. For the sample examined, the paper finds an elasticity of subject imports with respect to U.S. antidumping duties of roughly 0.9. The paper also finds some evidence that age of the antidumping order may be a factor in explaining reduction in volume of subject imports. Study of this effect may be complicated by the fact that the initial level of all U.S. antidumping duties was lower during the early 1980s than in the early 1990s; so older orders tend to have lower duties. The study finds inconclusive evidence about the effect of antidumping orders on the price received by the foreign suppliers of subject imports.

United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling

The WTO Anti-Dumping (AD) Agreement requires that anti-dumping duties be reviewed at least every five years (Art. 11.3); pursuant to this requirement, domestic trade authorities in the United States are charged with the task of making a determination as to whether, after five years, revoking the duties would be likely to lead to continuation or recurrence of dumping (Commerce) and of material injury (US International Trade Commission, or USITC). This is called a Sunset Review; a negative determination of likelihood, either with respect to dumping or injury, will result in the duties expiring, the “sun” setting, as it were.

Anti-dumping – Containment and Reform

In the global trade policy discussions, the issue of anti-dumping has assumed significance. Many trade experts view that such a practice is trade distruptive. Increasingly, now, the anti-dumping instrument is used to protect non-competitive domestic industries against alleged “unfair trade” practices. It is an easy option for the governments to oblige domestic pressure groups to confirm favours. In the post-WTO era, anti-dumping actions have acquired menacing proportion denying market access achieved through successive GATT/WTO Trade Rounds. Anti-dumping Agreement is one of the contentious issues negotiated under the Uruguay Round. It achieved mixed results in tightening the rules that govern anti-dumping actions. The gains were introduction of de minimis and sunset review provisions. But loopholes were left in culmination provision, margin of dumping, material injury, cost calculation method, constructed value, initiation standard and termination provision and so on. The paper attempts to examine the salient features of the current anti-dumping agreement and traces its impact on international trade. It suggests ways and means to reform the rules to address genuine concerns of fair trade under the WTO framework.