The Risks of Protectionism
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Non-Tariff Measures Overview Glossary of Related Terms
Non-Tariff Measures Overview Glossary of Related Terms Note: With thanks to the following for definitions provided here: Deardorff's Glossary of International Economics, the 1 United Nations Conference on Trade and Development (UNCTAD), the Organization for Economic Co-operation and Development (OECD), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the World Trade Organization (WTO). Terms Definition Absolute Advantage (AA) The ability to produce a good at lower cost, in terms of real resources, than another country. In a Ricardian model, cost is in terms of labor only. Absolute advantage is neither necessary nor sufficient for a country to export a good. Ad Valorem Equivalent The ad valorem tariff that would be equivalent, in terms of its effects on trade, Terms price, or some other measure, to a nontariff barrier. Ad Valorem Tariff (A Tariff defined as a percentage of the value of an imported good. Percentage of Price) Adjustment Assistance Government program to assist workers and/or firms whose industry has declined, either due to import competition (trade adjustment assistance) or from other causes. Such programs usually have two (conflicting) goals: to lessen hardship for those affected, and to help them change their behavior -- what, how, or where they produce. AGOA U.S. legislation enacted May 2000 providing tariff preferences to African countries that qualify, including trade facilitation and technical assistance to producers. As of January 2016, 40 countries were listed as eligible. Several countries have had their eligibility removed and some later reinstated over the years. Anti-Dumping Measures A complaint by a domestic producer that imports are being dumped, leading to an anti-dumping duty if both dumping and injury are found in the resulting investigation. -
Dumping, Protectionism and Free Trade
DUMPING, PROTECTIONISM AND FREE TRADE Ron Sheppard Catherine Atkins Views expressed in Agribusiness and Economics Research Unit Discussion Papers are those of the author(s) and do not necessarily reflect the views of the Director, other members of staff, or members of the Management Committee Discussion Paper No.140 September 1994 Agribusiness & Economics Research Unit PO Box 84 Lincoln University CANTERBURY Telephone No: (64) (3) 325 2811 Fax No: (64) (3) 325 3847 ISSN 1170-7607 ISBN 0-909042-01-2 AGRIBUSINESS & ECONOMICS RESEARCH UNIT The Agribusiness and Economics Research Unit (AERU) operates The major research areas supported by the AERU include trade from Lincoln University providing research expertise for a wide policy, marketing (both institutional and consumer), accounting, range of organisations concerned with production, processing, finance, management, agricultural economics and rural sociol distribution, finance and marketing. ogy. In addition to the research activities, the AERU supports conferences and seminars on topical issues and AERU staff are The AERU operates as a semi-commercial research agency involved in a wide range of professional and University related Research contracts are carried out for clients on a commercial extension activities. basis and University research is supported by the AERU through sponsorship of postgraduate research programmes. Research Founded as the Agricultural Economics Research Unit in 1962 clients include Government Departments, both within New from an annual grant provided by the Department of Scientific and Zealand and from other countries, international agencies, New Industrial Research (DSIR), the AERU has grown to become an Zealand companies and organisations, individuals and farmers. Independent, major source of business and economic research Research results are presented through private client reports, expertise. -
Chapter 6 Subsidies and Countervailing Measures
CHAPTER 6 SUBSIDIES AND COUNTERVAILING MEASURES 1. OVERVIEW OF RULES (1) Subsidies and Countervailing Measures Subsidies have been provided widely throughout the world as a tool for realizing government policies, in such forms as grants (normal subsidies), tax exemptions, low-interest financing, investments and export credits. There are six primary categories of subsidies, divided by purpose: 1) export subsidies, 2) subsidies contingent upon the use of domestic over imported goods, 3) industrial promotion subsidies, 4) structural adjustment subsidies, 5) regional development subsidies, and 6) research and development subsidies. By beneficiary, there are two primary categories: 1) subsidies that are not limited to specific businesses or industries (non-specific subsidies), and 2) subsidies that are limited to specific businesses and industries (specific subsidies). Although governments articulate ostensibly legitimate goals for their subsidy programmes, it is widely perceived that government subsidies may give excessive protection to domestic industries. In such cases, subsidies act as a barrier to trade, by distorting the competitive relationships that develop naturally in a free trading system. Exports of subsidized products may injure the domestic industry producing the same product in the importing country. Similarly, subsidized products may gain artificial advantages in third- country markets and impede other countries’ exports to those markets. Because of this potential the WTO Agreements prohibit with respect to industrial goods any export subsidies and subsidies contingent upon the use of domestic over imported goods, as having a particularly high trade-distorting effect. Furthermore, even for subsidies that are not prohibited, it allows Member countries importing subsidized goods to enact countermeasures, such as countervailing duties if such goods injure the domestic industry and certain procedural requirements are met . -
Safeguards: Section 201 of the Trade Act of 1974
Updated January 13, 2021 Safeguards: Section 201 of the Trade Act of 1974 On January 23, 2018, President Trump proclaimed a four- Factors the ITC must consider when determining injury year safeguard measure on imports of certain crystalline include (1) the significant idling of production facilities; (2) silicon photovoltaic cells (CSPV) cells and modules, and a the inability of a significant number of firms to carry out three-year safeguard on large residential washing machines. domestic production at a reasonable level of profit; and (3) These safeguards, still in force, were issued under Section significant unemployment or underemployment within the 201 of the Trade Act of 1974 (19 U.S.C. §2251), and U.S. industry. The ITC also considers import trends and imposed additional tariffs and quotas on U.S. imports of other factors, as well as declines in production, profits, these products. The safeguards were instituted based on wages, productivity, and employment. The ITC makes its findings by the U.S. International Trade Commission (ITC) injury determination based on a vote of the Commissioners. that the goods are being imported into the United States in If the Commission is equally divided, the President may such increased quantities that they are a substantial cause of select either option. serious injury to U.S. manufacturers. The ITC also recommended possible steps to remedy the injury. Figure 1. Section 201 Timeline What Is Section 201? Section 201 or “safeguard” actions are designed to provide temporary relief for a U.S. industry (for example, additional tariffs or quotas on imports) in order to facilitate positive adjustment of the industry to import competition. -
The Safeguard Measure/VER Dilemma: the Jekyll and Hyde of Trade Protection
Northwestern Journal of International Law & Business Volume 15 Issue 1 Fall Fall 1994 The aS feguard Measure/VER Dilemma: The ekyJ ll and Hyde of Trade Protection Ernesto M. Hizon Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njilb Part of the International Trade Commons Recommended Citation Ernesto M. Hizon, The aS feguard Measure/VER Dilemma: The eJ kyll and Hyde of Trade Protection, 15 Nw. J. Int'l L. & Bus. 105 (1994-1995) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Law & Business by an authorized administrator of Northwestern University School of Law Scholarly Commons. The Safeguard Measure/VER Dilemma: The Jekyll and Hyde of Trade Protection Ernesto M. Hizon* I. INTRODUcTION AND OVERVIEW The safeguard measure, or the escape clause mechanism provided in Article XIX of GAIT 1947 has always been the "ugly duckling" in the palette of attractive defensive trade options available to states who wish to withdraw from the Article XI obligation of the 1947 Agreement prohibiting quantitative restrictions on imports. But un- like the antidumping and countervailing duty option which targets "unfair trade," Article XIX deals not with the inherent "fairness" of the onslaught of imports, but merely furnishes a temporary escape hatch for domestic producers to adapt to serious competition from foreign manufacturers. Safeguard measures are thus viewed as "emergency" procedures, allowing a party to deal with an exceptional situation (arising from "unforeseen developments") which causes or threatens "serious in- jury" to domestic producers of like or competing products. -
G/Adp/N/1/Rus/1
WORLD TRADE G/ADP/N/1/RUS/1 G/SCM/N/1/RUS/1 ORGANIZATION G/SG/N/1/RUS/1 3 October 2012 (12-5357) Committee on Anti-Dumping Practices Original: English Committee on Subsidies and Countervailing Measures Committee on Safeguards NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS RUSSIAN FEDERATION The following communication, dated 13 September 2012, is being circulated at the request of the Delegation of the Russian Federation. _______________ I. RELEVANT LAWS AND REGULATIONS Pursuant to Article 18.5 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, Article 32.6 of the Agreement on Subsidies and Countervailing Measures and Article 12.6 Agreement on Safeguards please find attached texts of laws and regulations as of 22 August 2012. The English text of the attached laws and regulations is not an officially translated text. II. TRANSPARENCY 1. The Department for Internal Market Defense of the Eurasian Economic Commission is the responsible authority for conducting safeguard, antidumping and countervailing investigations. Address: Smolensky bulvar, 3/5, Moscow, Russian Federation, 119121 Tel: 7 495 604 40 38 (*1272) Fax: 7 495 604 40 38 (*1109) Website: www.tsouz.ru 2. Notifications of the responsible authority concerning safeguard, antidumping and countervailing actions are published on the website of the Eurasian Economic Community at http://www.tsouz.ru. The list of laws and regulations: 1. Agreement on the application of safeguards, antidumping and countervailing measures against third countries of 25 January 2008; 2. Agreement on the application of safeguard, antidumping and countervailing measures in transitional period of 19 November 2010; G/ADP/N/1/RUS/1 G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 Page 2 3. -
Priority Trade Issue: AD/CVD
Overview Collecting Revenue Leveraging Domestic Partnerships Due to critical effects on the U.S. industry, CBP The United States uses a retrospective system CBP is committed to ensuring that AD/CVD has identified Antidumping and to assess AD/CVD, which means that the duties laws are vigorously enforced. To this end, CBP Countervailing Duties (AD/CVD) as a that CBP collects from importers at the time of has established key partnerships with the U.S. Priority Trade Issue (PTI). AD/CVD are entry are only estimated, and the final duties are Department of Commerce, U.S. additional duties determined by the U.S. often not determined until two to three years Immigrations and Customs Enforcement (ICE), Department of Commerce which offset unfair later, when the U.S. Department of Commerce U.S. Department of Treasury, Office of the U.S. low prices and foreign government subsidies on instructs CBP to collect final duties owed. CBP Trade Representative, and domestic industries. certain imported goods. AD/CVD rates are in uses all of its legal authority to collect any CBP and ICE specifically partner to identify, some cases significantly higher than other duties. penalize, and disrupt distribution channels of importation duties. AD/CVD cash deposit rates imported goods that seek to evade AD/CVD. range from 0% through 1731.75% These high duty rates may result in efforts to evade the What is a Priority Trade Issue (PTI)? CBP’s Roles and Responsibilities duties and illegally import the goods. PTIs represent high-risk areas that can cause • Administer AD/CVD Entries significant revenue loss, harm the U.S. -
U.S. Trade Law and Policy Series #7: the Countervailing Duty Law's Applicability to Nonmarket Economies
ALAN F. HOLMER* t JUDITH HIPPLER BELLO CURRENT DEVELOPMENTS U.S. Trade Law and Policy Series #7: The Countervailing Duty Law's Applicability to Nonmarket Economies I. Introduction The U.S. Court of International Trade recently overruled the Depart- ment of Commerce's 1984 decision that the countervailing duty law cannot be applied to nonmarket economy countries. On September 17, 1985, the government filed its notice of appeal to the Court of Appeals for the Federal Circuit. Affirmation by the appeals court of the lower court's ruling would delight domestic producers faced with nonmarket economy import competi- tion; they would likely besiege the Commerce Department with complaints about allegedly subsidized imports from nonmarket economy countries. Reversal of the lower court's ruling would be welcome news to the nonmar- ket economy countries, their producers and exporters, and U.S. importers and consumers who purchase nonmarket economy goods. It could also increase domestic support for an alternative remedy for nonmarket econ- omy imports in lieu of the antidumping and countervailing duty laws. This article reviews the Commerce Department's original decision, the Court of International Trade's reversal, and the likely significance of these develop- ments. *General Counsel, Office of the U.S. Trade Representative. Formerly Deputy Assistant Secretary of Commerce for Import Administration, Deputy Assistant to the President for Intergovernmental Affairs, Administrative Assistant to Senator Bob Packwood. tDeputy General Counsel, Office of the U.S. Trade Representative. Formerly Deputy (for Policy) to the Deputy Assistant Secretary of Commerce for Import Administration; Attorney- adviser, Department of State. 320 THE INTERNATIONAL LAWYER A. -
The Safeguards Mess: a Critique of WTO Jurisprudence
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2003 The aS feguards Mess: A Critique of WTO Jurisprudence Alan O. Sykes Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Alan O. Sykes, "The aS feguards Mess: A Critique of WTO Jurisprudence" (John M. Olin Program in Law and Economics Working Paper No. 187, 2003). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 187 (2D SERIES) The Safeguards Mess: A Critique of WTO Jurisprudence Alan O. Sykes THE LAW SCHOOL THE UNIVERSITY OF CHICAGO May 2003 This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id= The Safeguards Mess: A Critique of WTO Jurisprudence Alan O. Sykes* The tariffs imposed by the United States on steel imports last year, and the pending challenges to them before the World Trade Organization (WTO), have brought a great deal of publicity to a subject that had already been a subject of considerable litigation within the WTO system—”safeguard measures.” Such measures are taken pursuant to Article XIX of the General Agreement on Tariffs and Trade (GATT) (the GATT “escape clause”), which permits the imposition of temporary measures to protect industries that exhibit “serious injury” or the threat of such injury due to “increased quantities” of imports. -
Office of the High Commissioner for Human Rights 5Th Wto Ministerial
OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS 5TH WTO MINISTERIAL CONFERENCE CANCÚN, MEXICO 10-14 SEPTEMBER 2003 HUMAN RIGHTS AND TRADE CONTENTS INTRODUCTION SECTION ONE: HUMAN RIGHTS AND TRADE SECTION TWO: ILLUSTRATIONS OF THE LINKS BETWEEN HUMAN RIGHTS AND TRADE Illustration one: trade and non-discrimination - gender Illustration two: TRIPS and public health – neglected diseases Illustration three: agriculture negotiations – agricultural trade and the right to food Illustration four: agriculture negotiations – market access and human rights Illustration five: services negotiations – human rights impact assessments Illustration six: TRIPS negotiations – trade and indigenous peoples’ human rights Illustration seven: investment – expropriation Illustration eight: investment – investors’ obligations with regard to human rights SECTION THREE: GLOSSARY OF TERMS SECTION FOUR: LIST OF RESOLUTIONS, REPORTS AND DOCUMENTS OF THE INTERNATIONAL HUMAN RIGHTS SYSTEM RELEVANT TO HUMAN RIGHTS AND TRADE 2 INTRODUCTION In its resolution 2002/11, the Sub-Commission on the Promotion and Protection of Human Rights requested “The High Commissioner for Human Rights to make a comprehensive submission on human rights, trade and investment to the Fifth Ministerial Conference of the World Trade Organization, due to take place in Cancún Mexico, in September 2003”. The present document is presented by the Office of the High Commissioner for Human Rights (OHCHR) in response to that request. OHCHR has drafted this document in order to assist policy makers and civil society to understand the links between human rights law and trade law. To do so, the paper is divided into three sections. ¾ The first section briefly sets out why we talk of the promotion and protection of human rights in the context of trade rules and policies and explains some of the resulting implications. -
The Applicability of the United States Countervailing Duty Law to Imports from Nonmarket Economy Countries
Fordham International Law Journal Volume 9, Issue 3 1985 Article 4 The Applicability of the United States Countervailing Duty Law to Imports from Nonmarket Economy Countries Karen A. O’Brien∗ ∗ Copyright c 1985 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj The Applicability of the United States Countervailing Duty Law to Imports from Nonmarket Economy Countries Karen A. O’Brien Abstract This Note will examine the applicability of the countervailing duty law to nonmarket economies. Part I will review the legislative history of the countervailing duty statute and its judicial and ad- ministrative interpretations. Part II will discuss the Commerce Department rulings, the Court of International Trade’s reversal of these rulings in Continental Steel Corp. v. United States and the Federal Circuit’s reversal of the CIT. Finally, Part III will analyze both approaches to the issue. This Note will conclude that the counterveiling duty law should apply to goods from nonmarket economies. THE APPLICABILITY OF THE UNITED STATES COUNTERVAILING DUTY LAW TO IMPORTS FROM NONMARKET ECONOMY COUNTRIES INTRODUCTION The countervailing duty law' is one of the principal nontariff barriers2 used by the United States to combat unfair 1. United States countervailing duty law is embodied in the Tariff Act of 1930, ch. 497, tit. III, § 303, 46 Stat. 687 (codified as amended at 19 U.S.C. § 1303 (1982)). The Tariff Act provides as follows: (a) Levy of countervailing duties -
6. Import Surges and Safeguard Provisions With
6. IMPORT SURGES AND SAFEGUARD PROVISIONS WITH A PARTICULAR FOCUS ON ANTIDUMPING MEASURES Contents I. INTRODUCTION 207 1.1 Safeguard measures, anti-dumping and anti-subsidy measures 209 1.2 Anti-dumping in domestic legal systems 210 II. IMPORT SURGES – DEFINITION AND DETERMINATION 211 2.1 Is there a quantitative threshold to define a surge? 211 2.2 Benchmark for measuring a surge and its length 212 2.3 How recent should the data be? 212 2.4 Is there a need for a trend analysis? 213 2.5 Absolute surge or relative to production or both? 214 III. DUMPING – DEFINITION AND DETERMINATION 214 3.1 Definitions for calculation purposes 215 3.2 Determinations of dumping and injury 217 3.3 National legislation 218 3.3.1 Barbados, Dominica, Grenada, St. Lucia, St. Vincent and the Grenadines 218 3.3.2 EU 220 3.3.3 Trinidad and Tobago 221 IV. INJURY AND THREAT OF INJURY 222 4.1 Serious injury 223 4.2 Threat of serious injury 224 4.3 Material injury and threat of material injury 225 4.4 National legislation 227 4.4.1 Jamaica 227 206 Basic Legal Obligations V. LIKE AND COMPETITIVE PRODUCTS 229 5.1 Like products 229 5.2 Directly competitive products 231 5.3 Directly competitive or substitutable products in GATT, article III. 232 VI. DOMESTIC INDUSTRY 233 VII. THE CONCEPT OF CAUSATION 236 7.1 National Legislation 241 7.1.1 Trinidad and Tobago 241 VIII. ANTI-DUMPING DUTIES 242 8.1 National Legislation Procedural Rules 243 8.1.1 EU 243 8.1.2 Jamaica 246 8.1.3 Trinidad and Tobago 248 IX.