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Foreign economic activity. Anti-dumping measures as a tool for non-tariff restrictions (the most important)

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29. Anti-dumping measures as an instrument of non-tariff restrictions

Competition in the world market has given rise to specific anti-dumping measures of non-tariff restrictions, which are often used by the importing country to put pressure on exporters of other countries in order to protect their market from foreign products.

The main criterion for dumping is the comparison of the actual prices of imported goods with the prices of the domestic market in the exporter's country and the establishment of the fact that the goods were sold at an artificially low price.

dumping amount - there is a difference between the export price and the price taken as the basis for comparison. An example of dumping is the importation of a product by a supplier whose government exempted it from export tax (through government subsidies), which allowed it to lower its price.

The essence of anti-dumping measures is to levy compensation from the exporter for damage to the national industry and the manufacturer, usually in favor of the latter, often in the form of an additional duty. To ascertain dumping, two main criteria are used: price, or cost, and the criterion of economic damage.

The anti-dumping duty rate is set on a case-by-case basis. The appointment of such a duty is not automatic: it is levied only after an investigation to confirm the fact of dumping and, importantly, to identify economic damage to the entrepreneur of the importing country.

Temporary anti-dumping duties are a warning about the possibility of taking more severe measures against the exporter.

Permanent measures are more serious and cause significant losses for the exporter, and possibly his complete withdrawal from the market. There is also the obligation of the exporter to comply with a minimum price level or limit the quantity of goods supplied.

The problem of anti-dumping measures continues to be quite complicated, and the methods of struggle remain insufficiently effective. Thus, among the dozens of anti-dumping and countervailing lawsuits filed annually with the US Department of Commerce and the International Trade Commission, there are cases of inconsistent sentences, rules that are easy to circumvent, and inaction of authorities in implementing decisions. This leads to undesirable economic consequences. Thus, Mexico, which did not create its own television technology, for a long time supplied 70% of imported television sets to the American market at reduced prices only because it bypassed customs duties on color picture tubes introduced in the United States to combat the dumping of goods from Japan, Korea, Singapore and Canada.

Claims on the part of Western states against the perpetrators of dumping pose a great threat, primarily through the introduction of quantitative restrictions on such exporters. Many claims arise against Russia because of dumping landslide deliveries of raw materials. The initiators of anti-dumping charges, as a rule, are national manufacturers of specific products. An example is the compromise reached in early 1999 between the United States and Russia regarding the dumping of Russian ferrous metals and steel on the American market, the volume of supplies of which in 1998 increased by 92%, and ended with the establishment of a quota and a price level.

Coercive measures of competition in world markets are also condemned and severely punished in many countries as "restrictive business practices" that violate the rules of the market by imposing conditions on one's partner, collusion between suppliers or buyers to allocate markets, fix prices, etc. The main forms of combating Restrictive business practices and measures to protect competition in many states are antitrust laws.

Author: Bobkova O.V.

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