Title: ANTIDUMPING IMPLEMENTATIONS IN ASIA AND DOHA ISSUES
1ANTI-DUMPING IMPLEMENTATIONS IN ASIA AND DOHA
ISSUES
Material prepared by National Taiwan University
College of Law ACWH with the help of Mr. Charlie
Su and Mr. Allen Chen and Ms. TING Chaowen
2Anti-Dumping in AsiaOutline
- Anti-Dumping (AD) in Asian WTO Members
- Legislation agencies
- Highlights in practice
- Asian Members in WTO AD Disputes
- Major AD issues raised in DSB
- List of cases
- Negotiation on AD Agreement
- Issues in practice
- Doha mandate and subsequent development
- Current negotiations and proposals
3AD in Some Asian WTO Members
- China
- Japan
- Korea
- Philippines
- Malaysia
- Indonesia
- Chinese Taipei
4China Overview
- Legal basis and related rules
- Anti-dumping Regulations of the PRC (Modified on
Mar/31/2004) - Rules Governing the AD Investigation of Injury to
Industries - Rules Issued by the Supreme Peoples Court
Governing the Application of Law in Adjudicating
AD-related Administrative Complaints - Investigating agencies
- Ministry of Commerce (MOC)
- Acceptance of AD application
- Determination of dumping
- Determination of injury
- Shifted from State Economic and Trade Commission
to MOC in late 2004 - Injury to agriculture must be determined jointly
w/ Ministry of Agriculture - Notify interested parties
- Render preliminary and final AD determinations
- Recommend interim and/or final AD duty
- State Councils Tax Rule Committee
- Determine MOCs recommendation on AD duty
5China AD Cases Statistics
Source www.wto.org
6ChinaAD Cases in 2005
7ChinaAD Cases in 2005
Note China has initiated to date 123 AD cases.
The charts above contains only cases initiated
after 2005. source G/ADP/N/139/CHN
8JAPANOverview
- Legal basis related rules
- Art. 8 of the Customs Tariff Law
- Cabinet Order on Anti-Dumping Duties
- Guidelines on Procedures for Countervailing and
Anti-Dumping Duties - Investigating agencies
- Initial investigation? An ad hoc panel consisting
of officials from Ministry of Finance (MOF),
Ministry of Economy, Trade and Industry (METI)
and the Ministry in charge of the industry
subject to dumping - Final determination? MOF alone
9Japan AD Cases Statistics
Source www.wto.org
10JAPANAD Cases
11JAPANAD Cases
- Source CHAPTER 5 ANTI-DUMPING MEASURES,
http//www.meti.go.jp/english/report/downloadfiles
/gCT0105e.pdf - WT/TPR/S/107 Certain Polyester
Staple Fiber from Korea and Taiwan, US
International Trade Commission, found at
http//hotdocs.usitc.gov/docs/pubs/701_731/pub3843
.pdf
12KOREAOverview
- Legislation
- Foreign Trade Act
- Investigating agency
- Korean Trade Commission (KTC)
- Evolution of KTC
- 1987Established under Foreign Trade Act as an
advisory institution to Ministry of Commerce
Industry - 1989Transformed into a consultative
administration org. w/ power to initiate
investigations and determine injury - 1993Authorized to initiate AD investigations and
to accept AD application - 1995Authorized to investigate dumping rate and
to propose the AD duty rate and imposition period - 2001Authority expanded as to investigation and
imposition of countermeasures
13KOREA KTC Investigation Flowchart
Source Korean Trade Commission
http//www.ktc.go.kr/eng/pno/dumping/dumping.html
14Korea AD Cases Statistics
Source www.wto.org
15KOREA Recent AD Cases
- Note Korea has initiated to date 81
investigations. Source G/ADP/N/132/KOR
G/ADP/N/139/KOR
16PHILIPPINES
- Legal basis and related rules
- Section 301 of the Tariff and Customs Code of the
Philippines - Republic Act No. 8752 (a.k.a. Anti Dumping Act
1999, which amended Section 301) - Implementing rules and regulations
- Commission order No. 00-01
- Investigating agencies
- Department of Trade and Industry-Bureau of
Imported Services (DTI)/ Department of
Agriculture (DA) in case of agricultural products - Accept application, initiate investigation and
render preliminary ruling - Tariff Commission (TC)
- Conduct formal investigation and report findings
to the DTI or DA Secretary who, in case of
affirmative findings, will issue Department Order
imposing AD duties
17PHILIPPINES AD Cases Statistics
Source www.wto.org
18PHILIPPINES
19PHILIPPINES
20PHILIPPINES
- Source http//www.tariffcommission.gov.ph/semi-an
n1.html
21MALAYSIAOverview
- Legal basis and related rules
- Countervailing and Anti-Dumping Duties Act 1993
- Countervailing and Anti-Dumping Duties
Regulations 1994 - Investigating agency
- Trade Practices Division, Ministry of
International Trade and Industry (MITI) - 9 AD investigation initiated b/w 1995 and May
2002, among which 5 cases subject to AD duties,
while 3 pending and 1 terminated - Source http//www.intracen.org/worldtradenet/docs
/whatsnew/colombo_workshop_may2002/country_papers/
country_paper_malaysia.pdf
22Malaysia AD Cases Statistics
Source www.wto.org
23MALAYSIACases Since 2003
- Note Malasia has initiated to date 6 AD cases.
The charts above contains only cases initiated
after 2000. Source http//www.miti.gov.my/ekpweb/
static.epub.contentdetailswoborders.screen?pageid
miti_catAbd3FGmx2tb5931_langen0.8366977670800
7730.73267422264815140.06399152599978875_contEPB
00002820050.6731518008248843_typeFULL0.7741271
2151877040.08779970749821431
24INDONESIA
- Legal basis and related rules
- The Customs Law of the Republic of Indonesia 1995
- Anti-dumping and Countervailing Duty Act 1996
- Law No. 10/1995 on Customs
- Decree No. 136/MPP/KEP/6/1996 of the Ministry of
Trade and Industry Regarding the Anti-Dumping
Committee - Decree No. 172/MPP/KEP/7/1996 of the Ministry of
Trade and Industry Regarding the Organization and
the Working Procedure of the Anti-Dumping
Taskforce
25INDONESIA
- Investigating agency
- Anti Dumping Committee (KADI)
- Accepted 31 petitions between 1996-2004
- 5 cases pending while others closed, 9 of which
were subject to AD duties - Indonesian government plans to merge KADI into
the Indonesian Trade Protection Committee (KPPI)
in a hope to boost efficiency - Source http//www.nafed.go.id/news/index.php?artc
1046 - http//www.cacs.gov.cn/DefaultWebApp/channel.jsp?c
hId20151
26INDONESIA AD Cases Statistics
Source www.wto.org
27INDONESIARecent AD Cases
Indonesia has initiated to date 60 AD
investigation and only cases since 2004 are
listed Source World Bank International AD
Database at http//people.brandeis.edu/cbown/glo
bal_ad/data_files/AD-IDN-v2.0.xls
28Chinese TaipeiOverview
- Legal basis and related rules
- Foreign Trade Act 1993
- Rules for Handling Import Relief Cases
- Implementation Regulation on the Imposition of
Countervailing and Antidumping Duties - Investigating agencies
- Ministry of Finance (MOF)
- Initiate AD investigation and investigate dumping
- Impose AD duties if dumping and injury are found
- International Trade Commission (ITC) of the
Ministry of Economic Affairs (MOEA) - Investigate injuries to domestic industries
29Chinese TaipeiAD Cases Statistics
Source www.wto.org
30Chinese TaipeiAD Cases Since 1999
31Chinese TaipeiAD Cases Since 1999
- Note Chinese Taipei to date has initiated 18 AD
cases since 1994. The chart contains only cases
initiated after 1999. For more details, see
http//www.moeaitc.gov.tw/moeaitc/home/english/e_i
ndex.html
32Asian Members in WTO AD Disputes
- Major AD issues raised in DSB
- List of cases
33Major AD Issues Raised in DSB
34List of Cases
35AD Measures in Asia
- Countries in Red Counties imposing AD measures
- Countries in Blue
- Countries being imposed AD measures
- STSubtotal cases calculated base contained in
this graph - T Total measures being imposed
- Source www.wto.org
36DDA Negotiations
- Issues in practice
- Doha mandate and subsequent development
- Mandates to negotiate ADA
- Major objectives
- Two-phase process
- Follow-up after Doha
- Current negotiations and proposals
37THANK YOU !