Japan – Countervailing Duties on Dynamic Random Access Memories from Korea (DS 336 and Corr.1, adopted 17 December 2007)

Ortino

2020

SSRN Journal

Self Cite

This article analyses economic and legal issues in the WTO dispute between Morocco and Turkey over hot-rolled steel. Over 2013-14, the Moroccan government conducted an antidumping investigation against two Turkish steel producers. Morocco's investigation concluded that Turkish dumping was retarding the establishment of a new domestic industry; antidumping duties were imposed against both Turkish producers. Turkey filed a complaint at the WTO in 2016, asserting procedural and substantive violations. The Panel found that Morocco had acted inconsistently with a number of WTO obligations, including those regarding its injury investigation. Although Morocco initially appealed the Panel's decision, it withdrew its appeal after the antidumping duties expired in September 2019. This case is unusual and important in that it was the first antidumping case in which a country sought to use antidumping duties to protect a newly developing industry. The Panel may have missed an opportunity to explore the definition of an 'unestablished' industry for purposes of determining injury in an antidumping investigation.

Section: Wto Policy Instruments To Support Infant and Reviving Industriesmentioning

confidence: 99%

Establishing a New Role for Antidumping Policy: Protection of an Unestablished Industry (Morocco—Hot-Rolled Steel (Turkey))

Ortino

2020

SSRN Journal

Self Cite

“…14 In Europe, biodiesel consumption was subject to similar if not more complex rules. For example, in addition to the requirement that biodiesel comprise a minimum share (7%) of consumer diesel, some Member States of the EU had additional incentives in place to use biodiesel 13 See Crowley and Palmeter (2009) for a discussion of the difficulty of proving "directs and entrusts" claims in the Korean DRAMs case. 14 Commission Regulation (EU) No 490/2013 of 27 May 2013, Section 1.1, paragraph (44).…”

Section: Biodiesel Markets and Government Environmental Regulationmentioning

confidence: 99%

“…19See Crowley and Palmeter (2009) for a discussion of the difficulty of proving ‘directs and entrusts’ claims in the Korean DRAMs case.…”

mentioning

confidence: 99%

Slamming the Door on Trade Policy Discretion? The WTO Appellate Body’s Ruling on Market Distortions and Production Costs in EU–Biodiesel (Argentina)

Hillman

2018

World Trade Review

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This paper presents a legal–economic analysis of the Appellate Body's decision in EU–Biodiesel (Argentina) that the WTO's Anti-Dumping Agreement (ADA) does not permit countries to take into account government-created price distortions of major inputs when calculating anti-dumping duties. In this case, the EU made adjustments to the price of biodiesel's principal input – soybeans – in determining the cost of production of biodiesel in Argentina. The adjustment was made based on the uncontested finding that the price of soybeans in Argentina was distorted by the existence of an export tax scheme that resulted in artificially low soybean prices. The Appellate Body found that the EU was not permitted to take tax policy-induced price distortions into account in calculating dumping margins. We analyze the economic rationale for Argentina's export tax system, distortions in biodiesel markets in Argentina and the EU, and the remaining trade policy options for addressing distorted international prices. We also assess whether existing subsidies disciplines would be more effective in addressing this problem and conclude that they would not.

“… 30 Examples of WTO disputes over government support to a newly developing export industry include the Japan-Korea dispute over Korea's alleged support for Hynix, a computer chip manufacturer (Crowley and Palmeter, 2009) and EU-Argentina dispute over Argentina's export tax on soyabeans which had a subsidy-like effect on the Argentine biodiesel industry (Crowley and Hillman, 2018). …”

mentioning

confidence: 99%

Establishing a New Role for Antidumping Policy: Protection of an Unestablished Industry (Morocco–Hot-Rolled Steel (Turkey))

Ortino

2021

World Trade Review

Self Cite

This article analyses economic and legal issues in the WTO dispute between Morocco and Turkey over hot-rolled steel. Over 2013–2014, the Moroccan government conducted an antidumping investigation against two Turkish steel producers. Morocco's investigation concluded that Turkish dumping was retarding the establishment of a new domestic industry; antidumping duties were imposed against both Turkish producers. Turkey filed a complaint at the WTO in 2016, asserting procedural and substantive violations. The Panel found that Morocco had acted inconsistently with a number of WTO obligations, including those regarding its injury investigation. Although Morocco initially appealed the Panel's decision, it withdrew its appeal after the antidumping duties expired in September 2019. This case is unusual and important in that it was the first antidumping case in which a country sought to use antidumping duties to protect a newly developing industry. The Panel may have missed an opportunity to explore the definition of an ‘unestablished’ industry for purposes of determining injury in an antidumping investigation.