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Background
Unfair trade practices usually consist of dumping, or paying
illegal subsidies. Dumping exists when
an exporter in a third country sells particular goods
on the export market more cheaply than
on its domestic market.
Trade sanctions in the form of extra,
targeted, duties (anti-dumping duties) or insistence upon importers
agreeing a certain level of prices (price undertakings) can be applied
to imports which cause significant economic difficulties, because
of unfair trade practices. Sanctions are usually introduced
after considering the request made by producers of a particular
product about unfair competition. The measures that are allowed
to taken have to be in accordance with the criteria stipulated in
the WTO agreement.
How can we help?
We can advise those seeking to lodge
an anti-dumping duty complaint; and
those defending such as action. We can
also make an application for reimbursement
of the duties paid by an importer when the
dumping margin on which the goods duties
have been calculated has been reduced or eliminated.
The tariff classification of the goods
will determine whether anti-dumping duty applies to the goods or not. As such,
a review of tariff classification legislation and the form in which
the goods are imported could lead to opportunities for avoiding
anti-dumping duty.
Whether the goods originate in the country
subject to anti-dumping duty will depend on the application
of non-preferential origin criteria,
again offering scope for careful advance planning.
We can advise on the pitfalls of screwdriver
assembly plants and assessing the scope
for acceptable alternatives.
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