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Guide to International Anti-Dumping Practice

Guide to International Anti-Dumping Practice

Author: Derk Bienen; Gustav Brink; Dan Ciuriak
Publisher: Kluwer Law International
ISBN: 9789041146786
Published In: September 2013
Format: Hardback , 670 pages
Jurisdiction: Argentina, Australia, Brazil, Canada, China, European Union, India, International, Korea, Mexico, New Zealand, South Africa, Turkey, U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

Foreword.

Preface; D. Unterhalter.

Biographies.

Glossary.

1. Overview; D. Bienen, G. Brink, D. Ciuriak.

2. Argentina; M. de Artaza, T. Cwierz.

3. Australia; S. Lacey.

4. Brazil; C. Saldanha-Ures.

5. Canada; D. Ciuriak.

6 . China; G. Brink.

7. European Union; D. Bienen.

8 . India; N. Raghuwanshi, G. Brink.