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Reform Anti-dumping and Countervailing Subsidy Provisions
出版Western Centre for Economic Research, University of Alberta, 2003
主題Business & Economics / Finance / GeneralPolitical Science / International Relations / Trade & Tariffs
ISBN15519508559781551950853
URLhttp://books.google.com.hk/books?id=RfhqAAAACAAJ&hl=&source=gbs_api
註釋The ADA permits tariffs on dumped goods once the authorities have determined 1) the existence of dumping, and the margin of dumping; 2) the existence of injury to domestic competitors; and 3) a causal relationship between dumped imports and the injury.21 Although, the Uruguay Round established detailed rules on how to determine existence of dumping, as well as the margin of dumping, there has been [...] The first allows the construction of normal value on the basis of the same general category of products in the country of origin by the producer under investigation. [...] Definition of Sufficient Quantity of Sales for Determining Normal Value Article 2.2, second footnote, states: "Sales of the like product destined for consumption in the domestic market of the exporting country shall normally be considered a sufficient quantity for the determination of normal value if such sales constitute 5 per cent or more of the sales of the product under consideration to the im [...] As a result, the 5% test can be used to artificially reduce the possibility of calculating normal value, or artificially increasing the possibility of recourse to constructed value for the normal value determination.54 For example, in an AD investigation, the total sales of the like product in the domestic country may constitute less than 5% of sales to the importing country; however, total sales [...] Lesser Duty Rule At the present time, Article 9.1 of the ADA encourages duties to not be in excess of what is required to remove the injury: "It is desirable that the imposition be permissive in the territory of all members, and that the duty be less than the margin if such a lesser duty would be adequate to remove injury to the domestic industry." When used as a protectionist device, AD dumping d.