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Antidumping Essay Research Paper While antidumping doesn (стр. 2 из 2)

labor and capital have decreased. Graph 8 gives a more general picture. In this

specific factor’s graph, capital is the mobile factor between industrialized

nations and third world countries. As the third world countries relative prices

decreases, there value of marginal product decreases (or is not as high as it

would have been) as shown by a shift to the left to the dotted line. This

movement shows that the developing countries are (relatively) losing capital to

the industrialized nations. This leads right into graph 9. If the industrialized

nations capital to labor ratio is at k** as it would be in this possible case

and the developing nations capital to labor ratio is a k, there can be no

overlap in factor prices. This would mean that wages and rents in the developing

nations could never be the same as in the industrialized world. All these graphs

show that there is real concern for third world nations if there is persistent

antidumping measures taken against them by industrialized nations. The WTO has

stated that in cases involving developing countries special attention should be

paid to their economic situations when countries consider imposing antidumping

provisions: "[ The WTO's agreement]also calls for ‘constructive remedies’

to be explored."(Raghavan) However, it is hard to say if this has ever been

carried out. India feels that more specific rules should be made for developing

nations: "Article 5.8 of the [WTO] AD agreement provides that the volume of

"dumped" imports shall be normally regarded as negligible if the

dumped imports from a country are less than 3%, unless countries individually

accounting for less than 3% collectively account for more than 7%. In view of

the liberalization of global trade, and of more and more developing countries

entering untapped markets for them, these percentages should be increased to 7%

and 15% respectively."( Raghavan). For third world exporters, they have

many handicaps when it comes to fighting anti-dumping cases. One, there is utter

paucity of exact information on anti-dumping laws, procedures as per WTO and as

practiced by various countries. Two, there are very few legal experts and

advisors in this field who have mastered not only the most complicated laws but

even the procedures, and also have understood the various complicated technical

aspects of WTO and the anti-dumping laws, international trade. Antidumping

measures hit small and medium size firms very hard, because they often don’t

have the resources to defend themselves. It is also too expense for firms to pay

the astronomical sum of money needed to defend one’s company in the complicated

antidumping investigations.-estimated by the Indians to be around 100,000

dollars per investigation. One US legal form was 400 pages long. (Sule). The

recent trade round in Seattle has done little to change any antidumping laws. No

amount of arm-twisting could get the US to agree to negotiate the WTO’s

antidumping laws. With the substantial political pressure from those in the

steel industry and other labor unions, 228 U.S. members of the House and Senate

have signed a document insisting that Clinton and U.S. Trade Representative

Charlene Barshefsky defend existing anti-dumping laws at the WTO meeting in

Seattle. The legislation has enough support to pass in the U.S. House of

Representatives. Thus, US negotiators flat out refused to discuss any changes to

the WTO current laws on antidumping. However, many countries such as Japan and

some developing nations tried to tie any discussions of trade involving the

Internet, a very important topic for the US, to discussions involving the

antidumping laws. The US still refused. The language from some in the Us

government was very strong regarding the demands for talks about the antidumping

laws, especially with regards to Japan . U.S. Under Secretary of Commerce for

International Trade David Aaron told the WTO " If [Japanese and others]

don’t back down, then they’ll? sabotage the Seattle round? We’re just not

going to do [negotiate on antidumping]. We can’t do it. We won’t do

it"(Reuters). Chile, representing a small developing country, issued their

statement about the problem with antidumping laws, a view similar to that of

Japan’s: "The aim is to remedy a situation in which anti-dumping measures

have in most cases become a projectionist instrument that has nothing to do with

anti-competitive behavior"( Schwartz). Among other issues the antidumping

controversy may have helped in the futility of the conference and Seattle.

Although it was reported that some nations had put antidumping on the

preliminary agenda for the next round of trade talks, of course, no finalized

agenda was ever approved. So, to date nothing has been done to change or clarify

the WTO’s antidumping laws. Moreover there have been few cases on antidumping

that the WTO has ruled upon. Japan has filed complaints about antidumping

measures placed on its cameras and supercomputers, but the WTO has yet to settle

the disputes. Also, South Korea recently filed a complaint with the WTO about Us

antidumping tariffs against its flat computer screens, invoking the sunset rule

that more than five years had elapsed since the US put on the restrictions. The

WTO has yet to rule in that case either. Overall, it seems as if the WTO

antidumping agreements need some refinement. There is still much confusion as to

whether countries are actually using its standards or not in their dumping

investigations. There are many theoretical problems with some antidumping

procedures. Allegations of unfair investigations abound. The WTO’s Antidumping

Agreement was made to be very complex to help to deal with these problems, it

may be too opaque to be able to determine the validity of some antidumping

measures. As the main part of this paper explores, the consequences of

unnecessary or mistaken antidumping measures can be grave for both the exporting

and importing countries. Tariffs and countervailing duties can hurt the domestic

countries consumers and can have large negative effects on the small trading

partners. This is especially problematic for developing countries that need

access to industrialized markets to ensure they can obtain a basis for long-term

economic stability and growth and clime out of poverty. The industrialized

nations should want this to occur so they don’t have to perpetually give

handouts to these developing nations. Of course, in order give a lengthy

description of one aspect that is not necessarily popular in the United States

of antidumping , this paper restricted its examination to only half of the

antidumping story; there are many arguments for the antidumping laws that are

currently on the books. No one is suggesting that the US or any other

industrialized nation let its industries be unfairly put out of business, if

that is truly the case at hand. Still, as the Seattle Round demonstrates, the

WTO’s antidumping laws seem to have satisfied to few countries. Given the spirit

of its trade barrier reduction goals, the WTO should make sure it gets its

antidumping rules right.

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Griswold, Daniel T. "Industry Sets Steel Trap for U.S. Economy." Cato

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steel.html>. Hindley, Brian and Patrick A. Messerlin. 29 Nov. 1999. <

http://www.aei.org/bs/bs7306.htm>. "Japan Wants New Trade Talk."

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. Raghavan, Chakravarthi. "Call for Revision of Anti-dumping, Subsidy

Rules. " Third World Network. < http://www.southside.org.sg/souths/twn/title/dump-cn.htm>.