Use of zeroing in the W-T comparison methodology and targeted dumping (US anti-dumping measures on large residential washers from Korea (DS464))

2017 ◽  
Vol 21 (2) ◽  
pp. 107-124
Author(s):  
Sang Man Kim ◽  
Jongho Kim
Keyword(s):  
Weighted Average ◽  
Fair Value ◽  
Content Type ◽  
Appellate Body Report ◽  
Appellate Body ◽  
The Us ◽  
The Usa ◽  
Foreign Governments ◽  
Wto Appellate Body ◽  
Instant Case

Purpose The purpose of this paper is to review the use of zeroing in the weighted average-to-transaction (W-T) comparison methodology and targeted dumping under the anti-dumping agreement by reviewing the WTO appellate body’s rulings on the use of zeroing in the W-T comparison methodology in the USA – anti-dumping measures on large residential washers from Korea (DS464). Although the appellate body has ruled that the use of zeroing would not be allowed in the weighted-average-to-weighted-average comparison methodology nor in the transaction-to-transaction comparison methodology, it has not ruled on whether the use of zeroing is allowed in the W-T comparison methodology prior to the instant case. Design/methodology/approach This paper mainly analyzes the WTO appellate body report on the USA – anti-dumping and countervailing measures on large residential washers from Korea’s rulings (DS464) and reviews other WTO appellate body reports on the use of zeroing in anti-dumping measures. This paper reviews the relevant provisions of the WTO anti-dumping agreement and the US Anti-Dumping Act, and also referred prior papers on the use of zeroing. Findings The appellate body upheld the panel’s finding that the USA’s use of zeroing in the W-T comparison methodology is inconsistent with Article 2.4.2 of the anti-dumping agreement. As zeroing inflates dumping margins, increases the amount of duty collected, and hinders the expansion of trade in goods. The use of zeroing should be prohibited or permitted only in very limited circumstances. Social implications Zeroing, which has been the subject of many WTO disputes between the USA and foreign governments, causes dumped sales to be masked by fair value. The WTO appellate body has consistently condemned the US practice of zeroing over the past decade as an unfair commerce practice. The instant case and this paper will help to stop the practice of zeroing in anti-dumping measures. Originality/value The text of Article 2.4.2 does not clearly prohibit the use of zeroing. The paper reviews the WTO appellate body’s rulings on the use of zeroing in the W-T comparison methodology in the USA – anti-dumping measures on large residential washers from Korea (DS464). The appellate body report was very recently circulated, on September 9, 2016. The appellate body has not ruled on whether the use of zeroing is allowed in the W-T comparison methodology prior to the instant case. This paper, first, concludes that the W-T comparison methodology is inconsistent with Article 2.4.2 of the anti-dumping agreement.

scholarly journals China’s NME status at the WTO: analysis of the debate

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mirek Tobiáš Hošman
Keyword(s):  
Future Research ◽  
The European Union ◽  
Content Type ◽  
Legal Documents ◽  
Appellate Body ◽  
The Usa ◽  
Wto Appellate Body ◽  
Practical Implications ◽  
Point Of Reference ◽  
Academic Debate

Purpose Although officially ended in July 2020, China’s dispute about its non-market economy (NME) status at the World Trade Organization (WTO) is far from being resolved. The NME status enables China’s counterparts to disregard Chinese prices in antidumping proceedings and instead use the so-called surrogate country methodology. This paper aims to structure and analyze the complex debate, which emerged with the disputes China has filed against the European Union and the USA at the WTO, and therefore provide a point of reference for future analysis of and debates about China’s NME status. Design/methodology/approach The analysis is based on the existing academic literature on the topic and on the legal WTO-related documents (e.g. multilateral agreements, China’s Accession Protocol, legal findings of the WTO dispute panels). Findings Four different interpretations of the respective legal documents about China’s NME status are discussed and strong and weak aspects of these interpretations are pointed out. Also, several misunderstandings and mistakes appearing in the debate are clarified. Practical implications As the question of China’s position at the WTO and its NME status has not been resolved yet and some authors believe that China will pursue its case again once the WTO Appellate Body revives its functionality, the analysis of the debate can serve as a point of reference for the academic debate and the future research on this topic. Moreover, it offers an introduction to China’s NME position at the WTO for the newcomers to this topic. Originality/value Although China’s NME status has been much discussed, there is no literature review that would structure the debate and point out some of the (dis)advantages of the respective arguments and interpretations. Rather than adding to the large corpus of literature about the NME status, this study takes this corpus as the object of its analysis.

United States – Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China: Nails in the Coffin of Unfair Dumping Margin Calculation Methodologies

2019 ◽  
Vol 18 (2) ◽  
pp. 287-307 ◽  
Author(s):  
THOMAS J. PRUSA ◽  
EDWIN A. VERMULST
Keyword(s):  
United States ◽  
Market Economy ◽  
Weighted Average ◽  
The United States ◽  
Appellate Body Report ◽  
Appellate Body ◽  
Long Line ◽  
Wto Appellate Body

AbstractThe WTO Appellate Body report United States – Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China is yet another in a long line of disputes involving US Department of Commerce's dumping margin calculation methodologies. The AB ruled against the United States on three important aspects: (1) the use of the Nails test to rationalize the exceptional method in Article 2.4.2 of the Anti-Dumping Agreement so as to justify using the weighted average-to-transaction methodology in dumping margin calculations; (2) the treatment of multiple companies in a non-market economy as a single NME-wide entity; and (3) the USDOC's policy of using adverse facts available for such an entity. Yet, some aspects of the AB's decision – most notably affirming the use of average prices – significantly weaken Article 2.4.2's pattern requirement and potentially open the door to greater use of the exceptional method.

Extraterritorial Shrimps, NGOs and the WTO Appellate Body

1999 ◽  
Vol 48 (1) ◽  
pp. 199-206 ◽  
Author(s):  
Asif H. Qureshi
Keyword(s):  
United States ◽  
Dispute Settlement ◽  
Market Access ◽  
The United States ◽  
Consultation Process ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
The Us ◽  
Wto Appellate Body ◽  
Dispute Settlement System

At the centre of the international trading order, under the framework of the World Trade Organization (WTO), lies a dispute-settlement system. This system offers a graduated conflict-resolution mechanism that begins with a consultation process; progresses to adjudication, through a panel system, and ends in an appellate process.1 Under this machinery, in October 1996 India, Malaysia, Pakistan and Thailand (the complainants) requested joint consultations with the United States, regarding the US prohibition on the importation of certain shrimps and shrimp products caught with fishing technology considered by the United States adversely to affect the population of sea turtles—an endangered species under CITES.2 The US prohibition arose from section 609 of Public Law 101–1623 and associated regulations and judicial rulings (hereafter referred to as section 609). In a nutshell the complainants claimed denial of market access to their exports, and the United States justified this on grounds of conservation. However, as a consequence of the failure of the consultations, the WTO Dispute Settlement Body established a panel, around April 1997, to consider a joint complaint against the United States in relation to section 609. Australia, Ecuador, the European Communities, HongKong, China, Mexico and Nigeria joined the complainants as third parties. In May 1998 the panel's report was published, containing a decision in favour of the complainants. In July 1998 the United States appealed to the WTO Appellate Body, and in October 1998 the Appellate Body issued its report.4

Asset recovery in corruption cases

2016 ◽  
Vol 19 (1) ◽  
pp. 4-20 ◽  
Author(s):  
Peter Leasure
Keyword(s):  
Vice President ◽  
Comparative Case Study ◽  
Content Type ◽  
Case Study Analysis ◽  
Asset Recovery ◽  
The Us ◽  
Quasi Experimental ◽  
The Usa ◽  
The Republic

Purpose – Asset recovery proceedings increasingly target corrupt foreign officials who acquire lavish assets as a result of capital gained through criminal acts. One extremely difficult issue arising in asset recovery proceedings is whether the capital used to acquire the assets can be traced to a criminal act. The purpose of this paper is to critique US tracing procedure through comparative analysis. Design/methodology/approach – A prominent series of cases brought by the USA and France against assets owned by Teodoro “Teodorín” Nguema Obiang, second Vice President of the Republic of Equatorial Guinea, produced mixed results on the tracing element. This paper utilizes a qualitative comparative case analysis to examine the US and French cases. Findings – The US results reflect serious weaknesses in the US law as compared to more effective French asset recovery procedure. Originality/value – Though this paper is certainly a comparative case study analysis, nearly identical facts and two different jurisdictions reaching separate conclusions bring us in the legal community as close as we can realistically come to quasi-experimental research. Comparative research in this area is severely lacking and sorely needed. The mechanisms identified in the French system clearly show flaws that are present in the US system.

scholarly journals Trade in Environmental Goods: A Review of the WTO Appellate Body's Ruling in US‒Countervailing Measures (China)

2016 ◽  
Vol 15 (2) ◽  
pp. 327-349 ◽  
Author(s):  
RACHEL BREWSTER ◽  
CLAIRE BRUNEL ◽  
ANNA MARIA MAYDA
Keyword(s):  
Clean Energy ◽  
Point Of View ◽  
Economic Point ◽  
Environmental Goods ◽  
Appellate Body ◽  
Policy Tool ◽  
The Us ◽  
Clean Energy Technology ◽  
Environmental Goals ◽  
Wto Appellate Body

AbstractIn this paper we claim that, in the WTO Appellate Body (AB)'s ruling in US‒Countervailing Measures (China), the AB decision has not put in question the practice of imposing countervailing duties (CVDs). While the US has formally ‘lost’ the case, a change in the procedures and tests used to motivate the CVD will allow the US to continue using this policy tool on the specified products. From an economic point of view, this is not welcome news since CVDs have the standard distortionary effects of tariffs and could go against environmental goals. From a political-economy point of view, the CVDs in this case appear driven by pressure of domestic manufacturers of clean energy technology and products.

Macroeconomic conditions are only an illusion, not the solution, to firm sustainability: unveiling the new dimension of stakeholder well-being

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Zahid Irshad Younas ◽  
Mahvesh Khan ◽  
Mamdouh Abdulaziz Saleh Al-Faryan
Keyword(s):  
Well Being ◽  
Developed Countries ◽  
Macroeconomic Performance ◽  
Content Type ◽  
Macroeconomic Conditions ◽  
Us Economy ◽  
The Us ◽  
The Usa ◽  
Negative Impacts ◽  
The One

Purpose The purpose of the study is to explore the misconception that in developed countries, macroeconomic performance lead to sustainable firms or improves stakeholder well-being. The results may be the opposite or even worse. Design/methodology/approach This study examined this misconception using balanced panel data from 1,122 firms from different sectors of the US economy and data on macroeconomic performance from the World Bank. Findings The results of the one-step generalised method of moments indicate that most macroeconomic performance indicators had significant and negative impacts on firm sustainability and stakeholder well-being. Practical implications From a societal perspective, the results illustrate that the fruits of macroeconomic performance of the US economy do not reach stakeholders through firms’ sustainability. Thus, linking the economy’s macroeconomic performance with firm sustainability is vital for sustainably uplifting society and for stakeholder well-being. Originality/value From a policy perspective, this study reveals that the greater focus on macroeconomic performance in the USA over the past decades has resulted in lower firm sustainability because of the malfunctioning of social, economic, environmental and governance factors. This has negatively influenced stakeholder well-being in the country.

The US brewing industry, strategic windows and survival

2014 ◽  
Vol 20 (4) ◽  
pp. 434-458 ◽  
Author(s):  
Lynn A. Walter ◽  
Linda F. Edelman ◽  
Keneth J. Hatten
Keyword(s):  
Dynamic Capabilities ◽  
Survival Rates ◽  
Second Phase ◽  
Brewing Industry ◽  
Content Type ◽  
Operational Capabilities ◽  
Select Group ◽  
The Us ◽  
The Usa

Purpose – This paper aims to investigate how dynamic capabilities enabled survival in a select group of brewers, during one of the lengthiest and most severe industry consolidations in history. In doing so, we advance Abell’s (1978) theory of strategic windows through integration with the resource-based view of the firm. Design/methodology/approach – Using a mixed method approach, we first apply case study methods to develop hypotheses around the timing and level of operational capability required for survival. In the second phase, we test these hypothesized estimations on the USA Brewing population. Findings – Indicate that brewers which had advanced distribution and manufacturing operational capabilities before the strategic window of opportunity closed had higher survival rates. Practical implications – This study reinforces the importance of making timely strategic investments in capabilities. Originality/value – The integration of strategic window and capability theories advances our understanding of the roles that capabilities and time play in determining firm survival.

Toward a history of housing market analysis

2018 ◽  
Vol 11 (4) ◽  
pp. 632-647 ◽  
Author(s):  
William C. Baer
Keyword(s):  
Housing Market ◽  
Urban Society ◽  
Time Frame ◽  
Market Analysis ◽  
Ancient Rome ◽  
Content Type ◽  
Urban Market ◽  
The Us ◽  
The Usa ◽  
History Of

Purpose This paper aims to relate early history of housing conceptualizations and market analysis in the Anglosphere (Britain, the USA, Canada, Australia and New Zealand). Historians are ignorant of them but clear market analyses had early beginnings in every urban society for developing and accommodating growing populations. Design/methodology/approach Historiography. Findings Aspects of market analysis, especially appraisal and rudimentary approaches to the housing market in the Anglosphere, can be traced back to ancient Rome, housing market conceptualizations to Dr Nicholas Barbon and seventeenth-century London’s first population and housing boom and market analysis techniques in the USA at its founding, when Charles-Maurice de Talleyrand Perigor was the first to refine them and write them up in 1794-1796. The US next made major advances in the 1930s. The overall trend has been from inferred analyses to fundamental (derived) analyses, emphasizing “quantifiable data.” Practical implications This paper elicits researcher’s professional awareness that each nation has an implicit history of its early development practices and techniques. Originality/value The time frame of most housing market analysts is the recent past, the present and the future. But how enduring are their concerns? Do operational values in a housing market reflect historical epochs, or are there some universalities? Furthermore, most urban historians are ignorant of urban market dynamics. It does not occur to them that some of the dynamics that analysts attempt to capture today might always have been inherent in the urban built environment, regardless of era or urbanized part of the globe under consideration.

The US battle against brand marketing: circa 1930-1980

2018 ◽  
Vol 10 (1) ◽  
pp. 60-85 ◽  
Author(s):  
Ross D. Petty
Keyword(s):  
Second World War ◽  
World War ◽  
Historical Sources ◽  
Content Type ◽  
Consumer Movement ◽  
Brand Marketing ◽  
The Us ◽  
Us Government ◽  
The Usa ◽  
Second World

Purpose The purpose of this paper is to examine the debate about brand marketing that occurred as part of the 1930s consumer movement and continued after the Second World War in academic and regulatory circles. Design/methodology/approach This paper presents an historical account of the anti-brand marketing movement using a qualitative approach. It examines both primary and secondary historical sources as well as legal statutes, regulatory agency actions, judicial cases and newspaper and trade journal stories. Findings In response to the rise of brand marketing in the latter 1800s and early 1900s, the USA experienced an anti-brand marketing movement that lasted half a century. The first stage was public as part of the consumer movement but was overshadowed by the product safety and truth-in-advertising concerns. The consumer movement stalled when the USA entered the Second World War, but brand marketing continued to raise questions during the war as the US government attempted to regulate the provisions of goods during the war. After the war, the public accepted brand marketing. Continuing anti-brand marketing criticism was largely confined to academic writings and regulatory activities. Ultimately, many of the stage-two challenges to brand marketing went nowhere, but a few led to regulations that continue today. Originality/value This paper is the first to recognize a two-stage anti-brand marketing movement in the USA from 1929 to 1980 that has left a small but significant modern-day regulatory legacy.

A Comment on Henry Gao, ‘Dictum on Dicta: Obiter Dicta in WTO Disputes’

2018 ◽  
Vol 17 (3) ◽  
pp. 535-540 ◽  
Author(s):  
GIORGIO SACERDOTI
Keyword(s):  
Appellate Body ◽  
The Us ◽  
Wto Appellate Body

In 2016, the US objected to the reappointment of a member of the WTO Appellate Body, ‘accusing’ him inter alia of having participated in a decision where the Appellate Body had indulged in unnecessary analysis in the nature of obiter dicta. Henry Gao has used the occasion to investigate, with a fresh approach, the very concept of obiter dicta in international jurisprudence.

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