Антидемпинговые меры Евросоюза относительно товаров,ввозимых из России.
Anti-dumping Measures of European Union
Against Goods Imported from Russia
Dumping. Problem Overview
Situation in European Union
Situation with Russian Carbamide as an Example of Anti-Dumping Measures of the EU against Imported Goods
List of books and articles
List of books and articles
1.Dispute Settlement. World Trade Organization. 3.6 Anti-Dumping Measures, materials for the United Nations Conference on Trade and Development. – New York and Geneva, 2003
2.Dumping (pricing policy) // Wikipedia, the free encyclopedia. – http://en.wikipedia.org/wiki/Dumping_(pricing_policy)
3.Eggert J., Observations on the EU Anti-Dumping Regulation FTA Position for the Expert Meeting. – Brussels, 2006.
4.Likhachev, Vassily. Russia and EU: Proficiency Essential. – http://eng.globalaffairs.ru/numbers/7/527.html
5.Stevenson, Cliff. Evaluation of EC Trade Defence Instruments. – Brussels / London, 2005.
6.Technical Information on Dumping. – http://www.wto.org/english/tratop_e/adp_e/adp_info_e.htm
7.Белов, А.П. Антидемпинговое регулирование в России и за
Показать всерубежом // Право и экономика. 2000.
8.Шенаев, В. Н., Шмелев, Н. Н. Россия и Евросоюз – проблемы экономического партнерства. // Современная Европа. 2000. Скрыть
On the other hand, the reasons why companies dump are considered irrelevant as long as the technical definitions are met. Dumping may therefore equally cover the following types:
1. Predatory dumping. It is a kind of dumping used in order to drive competitors out of business and establish a monopoly.
2. Cyclical dumping includes selling at low prices because of over-capacity due to a downturn in demand.
3. Market expansion dumping implies selling at a lower price for export than domestically in order to gain market share.
4. State-trading dumping includes selling at low prices in order to earn hard currency.
5. Strategic dumping gets benefits from an overall strategy which includes both low export pricing and maintaining a closed home market in order to reap monopoly or oligopoly prof
The GATT 1994 sets forth a number of basic principles applicable in trade between Members of the WTO, including the “most favoured nation” principle. It also requires that imported products not be subject to internal taxes or other changes in excess of those imposed on domestic goods, and that imported goods in other respects be accorded treatment no less favourable than domestic goods under domestic laws and regulations, and establishes rules regarding quantitative restrictions, fees and formalities related to importation, and customs valuation. Members of the WTO also agreed to the establishment of schedules of bound tariff rates. Article VI of GATT 1994, on the other hand, explicitly authorizes the imposition of a specific anti-dumping duty on imports from a particular source, in excess of bound rates, in cases where dumping causes or threatens injury to a domestic industry, or materially retards the establishment of a domestic industry.
The Agreement on Implementation of Article VI of GATT 1994, commonly known as the Anti-Dumping Agreement, provides further elaboration on the basic principles set forth in Article VI itself, to govern the investigation, determination, and application, of anti-dumping duties. Nevertheless the GATT and later WTO agreement do not pass judgments. The main focus of these trade-and-payment agreements is on how governments can or cannot react to dumping. The Anti-Dumping Agreement explicates and expands Article VI, and they interact with each other. When both these agreements operate together, they allow countries to act in a way that would normally break the principles of binding a tariff and not discriminating between trading partners.
Situation in European Union
European Union anti-dumping is under the purview of the European Council. However, implementation of anti-dumping actions (trade defence actions) is taken after voting by various committees with member state representation. The bureaucratic entity responsible for advising member states on anti-dumping actions is the Directorate General Trade (DG Trade), based in Brussels. Community industry can apply to have an anti-dumping investigation begin. DG Trade first investigates the standing of the complainants. If they are found to represent at least 25% of community industry, the investigation will probably begin. The process is guided by quite specific guidance in the regulations. The DG Trade will make a recommendation to a committee known as the Anti-Dumping Advisory Committee, on which each member state has one vote. Member states abstaining will be treated as if they voted in favour of industrial protection, a voting system which has come under considerable criticism.
As is implied by the criterion for beginning an investigation, EU anti-dumping actions are primarily considered part of a "trade defence" portfolio. Consumer interests and non-industry related interests (“community interests”) are not emphasized during an investigation. An investigation typically looks for damage caused by dumping to community producers, and the level of tariff set is based on the damage done to community producers by dumping. If consensus is not found, the decision goes to the European Council. If imposed, duties last for five years theoretically. In practice they last at least a year longer, because expiry reviews are usually initiated at the end of the five years, and during the review process the status-quo is maintained.
True globalization and “world-wide trade” is a worthwhile goal and one that is achievable despite the differences between countries that have caused problems in WTO negotiations. However, it is a simple fact that differences exist; not all countries are equal or homogenous and these differences can be seen in manufacturing, supply and trading systems and costs. It is also true that within the EU these costs are higher than many countries outside the EU.
In many non-EU countries low labour costs legitimately lower production costs. Whilst this raises concerns of poor social standards, these are countered by initiatives such as the FTA’s Business Social Compliance Initiative1 which ensures, via independent auditing, that companies comply with minimum social standards. As a result of these lower costs, European manufacturers have to adapt their own methods to become more innovative and competitive if the EU is to become a true part of the worldwide trade agenda.
Many companies within the manufacturing sector – in particular those from northern Europe – have adapted well over the last years; by shifting production outside the EU to take advantage of the lower production costs in addition to being part of the local marketplace. Unfortunately, other companies have not been so diligent. Скрыть
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