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Assessing the Determination of Constructed Normal Value in the 2000 USA Anti Dumping Poultry case in South Africa
At the inception of the World Trade Organization (WTO) in 1994, South Africa, as one of the founding members, embarked on a robust trade liberalisation policy. This was mainly achieved through the drastic reduction of tariffs across a number of industries. The agricultural sector was also subjected...
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University of Pretoria
2017
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| _version_ | 1867613539263315968 |
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| access_status_str | Open Access |
| author2 | OluSoyeju, Olufemi Olugbemiga |
| author_browse | OluSoyeju, Olufemi Olugbemiga |
| author_facet | OluSoyeju, Olufemi Olugbemiga |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | At the inception of the World Trade Organization (WTO) in 1994, South Africa, as one of the founding members, embarked on a robust trade liberalisation policy. This was mainly achieved through the drastic reduction of tariffs across a number of industries. The agricultural sector was also subjected to this trade liberalisation, which left it open to international competition. As part of the WTO legal framework, the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement / ADA) was adopted and all the WTO members were bound by it. The ADA enables a WTO member to impose Anti-Dumping (AD) duties against imports that are being dumped on its domestic market by an exporter of another WTO Member State.
In 1999, the South African Poultry Association (SAPA) petitioned the SA AD investigating authority, the Board on Tariffs and Trade (the Board), to impose AD duties on certain USA poultry imports. The Board made use of the constructed NV method, sanctioned by WTO law, to determine NV which resulted in the imposition of final AD duties against USA poultry imports on 9 December 2000. These AD duties were so high that it effectively stopped the importation of USA poultry into the SA market.
However, US Government, various interested parties, and scholars have since been very critical of the imposition of the December 2000 AD duties imposed against USA poultry products. It has been argued that the Board egregiously calculated the costs of production of the poultry products, a step vital to the determination of dumping. According to the critics of these AD duties, the Board intentionally made use of the constructed NV method to manipulate cost in order to protect an inefficient and uncompetitive SA poultry industry.
So, this study will seeks to test the merits of the argument that the Board?s determination of constructed NV was WTO inconsistent in its December 2000 AD decision against USA poultry products. In doing this, the author will analyse the Board?s decision and WTO Panel reports on the interpretation of Article 2.2.1.1 of the ADA, which deals with the determination of constructed NV. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/58751 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:45.339Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/58751 Assessing the Determination of Constructed Normal Value in the 2000 USA Anti Dumping Poultry case in South Africa OluSoyeju, Olufemi Olugbemiga fillis.johnathan@gmail.com Fillis, Johnathan Brenton UCTD Anti-Dumping World Trade Organization Law theses SDG-16 SDG-16: Peace, justice and strong institutions At the inception of the World Trade Organization (WTO) in 1994, South Africa, as one of the founding members, embarked on a robust trade liberalisation policy. This was mainly achieved through the drastic reduction of tariffs across a number of industries. The agricultural sector was also subjected to this trade liberalisation, which left it open to international competition. As part of the WTO legal framework, the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement / ADA) was adopted and all the WTO members were bound by it. The ADA enables a WTO member to impose Anti-Dumping (AD) duties against imports that are being dumped on its domestic market by an exporter of another WTO Member State. In 1999, the South African Poultry Association (SAPA) petitioned the SA AD investigating authority, the Board on Tariffs and Trade (the Board), to impose AD duties on certain USA poultry imports. The Board made use of the constructed NV method, sanctioned by WTO law, to determine NV which resulted in the imposition of final AD duties against USA poultry imports on 9 December 2000. These AD duties were so high that it effectively stopped the importation of USA poultry into the SA market. However, US Government, various interested parties, and scholars have since been very critical of the imposition of the December 2000 AD duties imposed against USA poultry products. It has been argued that the Board egregiously calculated the costs of production of the poultry products, a step vital to the determination of dumping. According to the critics of these AD duties, the Board intentionally made use of the constructed NV method to manipulate cost in order to protect an inefficient and uncompetitive SA poultry industry. So, this study will seeks to test the merits of the argument that the Board?s determination of constructed NV was WTO inconsistent in its December 2000 AD decision against USA poultry products. In doing this, the author will analyse the Board?s decision and WTO Panel reports on the interpretation of Article 2.2.1.1 of the ADA, which deals with the determination of constructed NV. tm2017 Centre for Human Rights LLM Unrestricted 2017-01-31T12:47:59Z 2017-01-31T12:47:59Z 2016 Mini Dissertation Fillis, JB 2016, Assessing the Determination of Constructed Normal Value in the 2000 USA Anti Dumping Poultry case in South Africa, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/58751> D2016 http://hdl.handle.net/2263/58751 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Anti-Dumping World Trade Organization Law theses SDG-16 SDG-16: Peace, justice and strong institutions Assessing the Determination of Constructed Normal Value in the 2000 USA Anti Dumping Poultry case in South Africa |
| title | Assessing the Determination of Constructed Normal Value in the 2000 USA Anti Dumping Poultry case in South Africa |
| title_full | Assessing the Determination of Constructed Normal Value in the 2000 USA Anti Dumping Poultry case in South Africa |
| title_fullStr | Assessing the Determination of Constructed Normal Value in the 2000 USA Anti Dumping Poultry case in South Africa |
| title_full_unstemmed | Assessing the Determination of Constructed Normal Value in the 2000 USA Anti Dumping Poultry case in South Africa |
| title_short | Assessing the Determination of Constructed Normal Value in the 2000 USA Anti Dumping Poultry case in South Africa |
| title_sort | assessing the determination of constructed normal value in the 2000 usa anti dumping poultry case in south africa |
| topic | UCTD Anti-Dumping World Trade Organization Law theses SDG-16 SDG-16: Peace, justice and strong institutions |
| url | http://hdl.handle.net/2263/58751 |