Ministry of Development, Industry and Foreign Trade The Brazilian Approach to Sunset Review 2005 International Trade Remedies Seminar - Seoul.

Slides:



Advertisements
Similar presentations
Commercial Policy and Imperfectly Competitive Markets.
Advertisements

Trade Remedies. US Cartel Law Price Discrimination Predatory Pricing GATT Law Price Discrimination from abroad Reduction: only with material injury.
Dumping On Free Trade: The U.S. Author: Joseph E. Stiglitz By Tomika and Terriann.
Korea Experience in Sunset Reviews Korea Trade Commission.
Price Undertakings Under U.S. Antidumping Duty Law Prepared by Import Administration, U.S. Department of Commerce for the June 2 nd Korea Trade Commission’s.
Ministry of Development, Industry and Foreign Trade THE DEVELOPMENT OF BRAZILIAN ANTI-DUMPING SYSTEM INTERNATIONAL SEMINAR ON 10TH ANNIVERSARY OF CHINA’S.
1 PRESENTATION ON SUNSET REVIEW: INDIAN PRACTICES By A K Gautam, Director Directorate General of Anti-dumping and Allied Duties Department of Commerce.
1 RULES NEGOTIATIONS: WAY FORWARD ICRIER 6 April 2006 Abhijit Das, Senior Trade Officer, UNCTAD India Programme.
Some aspects of the Doha work program Baku, Azerbaijan February 2015.
Import Relief to Domestic Industry. - Free trade - Combating unfairly traded imports (subsidized, dumped in the United States) U.S. Trade Policy.
China on the way to a high-technology country: The legal policy perspective Stefan Luginbuehl Lawyer, International Legal Affairs.
Experience and Cases of Trade Remedies in the FTA: India’s Experience P. K. Mahapatra Joint Secretary, Government of India Ministry of Commerce and Industry.
Effectiveness of the Canadian Antidumping Regime: Is Trade Restricted? Nisha Malhotra and Horatiu Rus WE would like to thank TARGET (UBC) for funding the.
Experiences with implementation of Brazilian A & BS Regime and Suggestions for Reform Juliana Santilli.
The theory of external economies
WTO Case DS437 GROUP 7 Martha Van Lieshout Mauricio Valdes Yulia Tsimafeishyna 1.
China and the World Trade Organization Tim Brightbill.
2007 Seoul International Forum on Trade Remedies K T Chacko Director Indian Institute of Foreign Trade.
Trade Remedy Laws and Agriculture Anita Regmi David Skully 1 Paper presented at the Free Trade Area of the Americas, The WTO, and New Farm Legislation:
Dumping (I) No prohibition: generic condemnation. Anti-Dumping Agreement. No duty of enacting anti-dumping legislation and adopting anti-dumping measures.
Observations on Trade Remedies at the USITC Daniel R. Pearson Chairman U.S. International Trade Commission 2007 Seoul International Forum on Trade Remedies.
Trade Defence Instruments Presentation Before and after Enlargement experience Dipl. Ing. Vladimir Jarunek General State Counsellor.
(c) Kiyoun Sohn, I How to Deal with Countervailing Duty Cases in the Future? Professor Kiyoun SOHN University of Incheon.
Agreement on Anti-Dumping Measures Anti - Dumping Importers would like to import goods if available at a price lower than that of the good in the importing.
RECENT DEVELOPMENTS IN ANTI-DUMPING 2 June 2005 PRESENTATION: JASPER WAUTERS Legal Affairs Officer Rules Division WTO Secretariat
Trade Remedies in the Era of FTA: The Brazilian experience in Ministry of Development, Industry and Foreign Trade 2006 Seoul Forum on Trade Remedies Seminar.
How to balance the conflicting interests under the Anti-dumping Agreement? Young Jae, Cho.
WTO practice group Studies in the Application of Anti- Dumping and Anti-Subsidy Measures Stephen J. Orava  WTO Practice Group
1 Trade remedies as barriers: Implication for SAARC countries Abhijit Das Senior Trade Officer UNCTAD India Programme Organised by Teri, 3 May, 2006 UNCTAD.
SANDLER, TRAVIS & ROSENBERG, P.A. An International Trade & Business Practice CCBFA Seminar Program The Impact of Antidumping and Countervailing Duties.
Johann Human May 2004 THE 2004 SEOUL INTERNATIONAL TRADE REMEDIES SEMINAR TRADE REMEDIES : THE STATE OF PLAY Seoul 20 May 2004 PRESENTATION: JOHANN HUMAN.
WTO and FISHERIES The Dispute Settlement Mechanism DR. AUDUN LEM FISHERY INDUSTRIES DIVISION, FAO NACA AQUAMARKETS June 2003 Manila.
The Foreign Economic Activity of Enterprises Of Dadoboeva Farangis.
“Sunset” Investigations Before the U.S. International Trade Commission Andrea C. Casson Office of General Counsel, USITC June 2, 2005.
Australian Anti-dumping Practice and Potential Changes.
Trade Defense Instruments in the EurAsEC Customs Union Andrey Zakharov Department for Internal Market Defense Eurasian Economic Commission Brussels - July.
Economic Department, UI Jakarta, 30 March 2010 TRADE POLICIES (Non-Tariff) Course #9 Pos M. Hutabarat, PhD.
SUNSET REVIEW: CHINA’S LAW, PRACTICE AND VIEWS WANG Shichun Director General, BOFT Ministry of Commerce, China.
1 INTERNATIONAL TRADE REMEDIES SEMINAR ANTI-CIRCUMVENTION JOSE MANUEL VARGAS SEOUL, KOREA, 2005.
1 PRESENTATION TO THE TRADE SEMINAR OF THE PORTFOLIO COMMITTEE ON TRADE AND INDUSTRY 25 AUGUST 2009 BY Siyabulela Tsengiwe: Chief Commissioner.
Overview of China ’ s Trade Remedy System Luo Jin 2004 Seoul International Trade Remedy seminar May 19, 2004.
 Safeguards and Exceptions Chapter 9 The Political Economy of The World Trading System Presented by Hang Nguyen.
State of Play in Rules Negotiations “WTO and the Doha Round: Way Forward” Seminar organized by ICRIER April 6, New Delhi By Sudhakar Dalela, Deputy Secretary.
The EU and Access to Environmental Information Unit D4 European Commission, Directorate General for the Environment 1.
ANTI-DUMPING AND COUNTERVAILING DUTY
1 Anti-Dumping (An Unfair Trade Practice) Presented by Ben L. Irvin International Trade & Customs Attorney Chemonics, EIF & USAID December 2007.
LOGO Anti-dumping 가영미 Lian Xuelin Li Shiyuan.
Antidumping Committee Andrew Plowman Andrew Nutter.
M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 30 –External Relations Bilateral screening:
Development of Chinese Trade Remedy System Presented by: Han Yong Deputy Director Antidumping Division No.2 BOFT, MOFTEC.
0 Dispute Resolution Case Study: China v. U.S. (A/D on Shrimp) (DS 422) (Panel 2012) October 7, 2015 ITRN 603 – Evan Setzer, Marin Sullivan, Gary Szabo,
MGT601 SME MANAGEMENT. Lesson 42 Pakistan & WTO – II.
Until the late twentieth century, Brazil was an increasing importer of dairy products. However, from the 1990s, the domestic dairy sector observed the.
THE TRADE REMEDY INSTITUTION, LEGAL STRUCTURE AND PRACTICE IN CHINA By Wang Xin Bureau of Fair Trade for Imports and Exports (BOFT) MOFTEC, P. R. China.
Canadian International Trade Tribunal
The Political-Economy of Antidumping and Safeguards in Argentina
MGT601 SME MANAGEMENT.
Introduction to Trade Remedies
Trade Remedy Measures.
FORM OF REMEDY MEASURES
Update on Shrimp Trade Issues for 2016
United States — Countervailing and Anti-dumping Measures on Certain Products from China Bijou, Promito, Vasily.
FORM OF REMEDY MEASURES
FORM OF REMEDY MEASURES
Customs duties (I) No prohibition.
WORKSHOP ON TRADE REMEDIES - ANTIDUMPING
Presentation to the Portfolio Committee on Trade & Industry
„The WTO-Anti-Dumping Agreement“
TRADE DEFENCE MEASURES
The Use of PRODCOM Data in Trade Defence Investigations
Presentation transcript:

Ministry of Development, Industry and Foreign Trade The Brazilian Approach to Sunset Review 2005 International Trade Remedies Seminar - Seoul

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review 1.The Brazilian Formal Procedures on Sunset Reviews 1.The Brazilian Formal Procedures on Sunset Reviews

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review The Brazilian Regulation: Decreto nº 1.602/95, Capítulo VII. Formally, the petitioner is the Domestic Industry or a Public Body of Federal Administration. However the Brazilian Authority NEVER self initiate an investigation. 1. The Brazilian Formal Procedures on Sunset Reviews Formalities:

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review Time to petitioner to inform its intention of asking for a sunset review – 5 months prior the end of the duty. Time to present a petition – 3 months before the end of the duty. 1. The Brazilian Formal Procedures on Sunset Reviews Formalities:

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review Duration of Sunset Review investigation – 12 months, without postponement, due to internal regulation. The duty remain in force during the sunset investigation period a 1. The Brazilian Formal Procedures on Sunset Reviews Formalities:

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review 2.Brazilian Practice

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review 2. Brazilian Practice The Brazilian Department of Trade Remedies – DECOM conducts both dumping and injury analyses. The burden of proof that the termination of the measures will lead to the continuation or recurrence of dumping and injury bears on the petitioner and the investigating authorities.

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review 2. Brazilian Practice New Margin of DumpingIn cases where there are importations during the period of antidumping order is in force, Brazil makes a calculation of a New Margin of Dumping. It is a mix of articles 11.2 and Concerning the Dumping Determination:

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review 2. Brazilian Practice In cases where there are NO importations during the period of antidumping order is in force, Brazil utilises the worldwide known methodology of comparing the landed VN to the Domestic Industry Price. New Level of DutyThe result is a New Level of Duty 2.1 Concerning the Dumping Determination:

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review 2. Brazilian Practice New Margin of DumpingNew Level of DutyEither the New Margin of Dumping or the New Level of Duty will differ from the previous duty in force. Lesser Duty Practice,The Brazilian Lesser Duty Practice, applies also to sunset reviews 2.1 Concerning the Dumping Determination:

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review Although the US Corrosion Resistant Steel Sunset Panel stated that it is not inconsistent with the ADA not applying article 5.8 on the conduction of a sunset review, Brazil uses in its sunset procedure the same de minimis (2%) used in original investigations 2. Brazilian Practice 2.1 Concerning the Dumping Determination:

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review 2. Brazilian Practice In making the Injury Determinations, among others, Brazil analyses these factors: International Prices Significantly increase in the world capacity of production 2.2 Concerning the Injury Determination:

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review 2. Brazilian Practice Changing in inventories International Level of Trade New Trade Remedies measures into force Others trade restrictive practices over the world 2.2 Concerning the Injury Determination:

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review 3. Trade Remedies Negotiations

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review The Brazilian position in these negotiations is guided by the search for an equilibrium between our position as a Trade Remedies user and the protection of our exporters’ interests affected by the application of these instruments abroad. 3. Trade Remedies Negotiations

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review Brazil has expressed its view on sunset issue on papers TN/RL/W/6 and 76 Thus, in order to overcome or resolve the problem of the expansive use of the exception of the sunset review to continue the order, Brazil suggests: 3. Trade Remedies Negotiations

Brazilian Trade Remedies System The Brazilian Approach to Sunset Review Adopt “automatic sunset” of Antidumping orders Allow one year grace period until re-investigate 3. Trade Remedies Negotiations

Thank you very much indeed for your attention.

Ministry of Development, Industry and Foreign Trade The Brazilian Approach to Sunset Review 2005 International Trade Remedies Seminar - Seoul ›Rodrigo Faria ›DECOM-Departamento de Defesa Comercial › ›Website: