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3.9. Applying Trade Remedies in BRICS Countries: Policies, Practices, Challenges

May 28 2015
11:00 - 18:00
White Hall

Track: 3. Corporate Practice/ International Trade/ Protection of Competition

Description

Anti-dumping, countervailing and safeguard measures, which are actively applied by the WTO Members, represent one of the most popular instruments for the protection of domestic industry in the context of the multilateral trading system. The objective of the Round Table is to share experience and best practices for conducting safeguard, anti-dumping and countervailing duty investigations in BRICS countries. The event is organised for the third time in the framework of the BRICS International Seminar on Trade Remedies.

The discussion will address a number of outstanding issues with due regard to trade remedies regulation and practice in the BRICS countries: decision-making in applying trade remedies, Doha Round negotiations in the context of updating the text of the Anti-dumping Agreement, protection of confidential information, preliminary and retroactive trade remedy measures, conduct of verification visits, judicial review of trade remedies.

The invited speakers include the directors and representatives of the investigating authorities of BRICS countries (Brazil, Russia, India, China, South Africa) and the Eurasian Economic Commission.

The Round Table will be of interest to lawyers representing interested parties in the course of trade remedy proceedings in the EAEU and abroad, as well as in judicial reviews of trade remedies in national and regional courts.

11:00 - 11:10

Welcoming remarks.

11:10 – 11:55

Decision-making in applying anti-dumping, countervailing and safeguard measures in BRICS countries.

Presentation of general information about the decision-making process in trade remedies proceedings in BRICS countries for the Russian legal and academic society.

12:00 – 12:40

The WTO Doha-Round negotiations: updating the text of the Anti-Dumping Agreement (provisionally).

12:50 – 13:40

Ensuring transparency and due process while protecting confidential information in trade remedy investigations.

Lawyers that represent industries and foreign exporters in investigations will benefit from learning about approaches used by the investigating authorities with regard to the following:

  • The requirements for non-confidential summaries of information submitted;
  • Information that is treated as “confidential by nature”;
  • Techniques for ensuring transparency: how interested parties “see” the information “relevant to the presentation of their cases” and what this information includes;
  • What is the information that the authority can “properly” consider as confidential.

15:30 – 16:00

Challenges in applying preliminary and/or retroactive trade remedy measures in BRICS countries;

  • Whether preliminary determinations and duties are obligatory under the BRICS trade remedy systems;
  • Whether retroactive duties are provided for in BRICS trade remedy systems and how they are used: evidence required, procedures applied to imports, customs deposits, suspension of valuation etc.

16:15 – 17:15

Conduct of verification visits by investigating authorities in BRICS countries.

  • Pre-initiation verification visits to domestic industries;
  • Sampling of companies for verification purposes;
  • Information to be checked at exporter’s premises and at domestic industry premises;
  • Thresholds for successful/failed verification.

17:15 – 18:00

Administrative and Judicial review of trade remedies in BRICS countries.

  • Whether trade remedy issues are adjudicated by general or specialized courts;
  • Issues that can be adjudicated – decisions in investigations or the measure itself?
  • What consequences for the investigation/measure if the investigating authority loses court case?
  • Implication of WTO law in domestic court cases.

Moderator

Vladimir Ilichev

Director of Department for Internal Market Defence, Eurasian Economic Commission


Biography

Education, academic degree:

Moscow State Open University, specialist degree in world economy, qualification – economist.

Professional experience:

2012 till now – Director, Department for Internal Market Defence of the Eurasian Economic Commission.

2011 - 2012 – Director, Trade Remedies Department, Secretariat of the Commission of the Customs Union.

2006 - 2010 – Director, Centre for Trade Policy and Law.

2004 - 2006 – Head of Section, Ministry of Economic Development and Trade of the Russian Federation.

1998 - 2004 – Senior Expert, Deputy Director, Centre for Trade Policy and Law.

1997 - 1998 – specialist, Ministry of Fuel and Energy of the Russian Federation.

2001 - 2002 – trainee, Flavell Kubrick LLP.

Specialist area, professional interests:

International trade law, WTO law.

Publications, scientific works:

Ilichev V.E. Trade remedies in the WTO law / A. V. Daniltsev // Introduction to trade policy and the WTO law. – Moscow. International relations, 2005. – P. 142-178.

Speakers

Jitendra Dadoo

Joint Secretary of Department of Commerce, Ministry of Commerce and Industry of the Republic of India


Johann Human

Director of Rules Division, World Trade Organization


Biography

Education, academic degree:

B.Comm. LL.B.

Professional experience:

He is responsible for all issues relating to the following WTO Agreements: Agreement on Implementation of Article VI of GATT 1994 (Anti-Dumping Agreement); the Subsidies and Countervailing Measures Agreement; the Safeguards Agreement, the TRIMS Agreement; the Working Party on State Trading, Enterprises; as well as the plurilateral Agreement on Civil Aircraft. It also includes all matters relating to dispute settlement concerning these Agreements. In addition, all support services for the Rules Negotiating Group, part of the Doha Development Agenda of multilateral trade negotiations, are provided by the Rules Division.

Prior to joining the WTO Secretariat in July 2001, he was, from 1997 to 2001, Head of the Trade Remedies Unit of South Africa. From 1996 to 1997 he was head of the WTO Directorate in the South African Department of Trade and Industry. He joined the Department of Trade and Industry in 1984 and served at the South African Mission to the GATT/WTO in Geneva from 1986 to 1989 and from 1990 to 1995. He practiced law in Pretoria before joining the DTI in 1984.

Specialization, professional ineterests:

International trade law – trade remedies and subsidies.

Publications, scientific works:

He co-authored "A Handbook on Anti-Dumping Investigations", published by Cambridge University Press in 2002.

Hong Lin

First Secretary of Trade Remedy and Investigations Bureau, Ministry of Commerce of the People's Republic of China


Yan Li

First Secretary of Trade Remedy and Investigations Bureau, Ministry of Commerce of the People's Republic of China


Debi Mohapatra

Director, Directorate General of Anti-dumping & Allied Duties of the Republic of India


Heloisa Pereira

Deputy Director of Department of Trade Remedies, Ministry of Development, Industry and Foreign Trade of the Federative Republic of Brazil


Carina Janse van Vuuren

Senior Manager, International Trade Administration Commission of the Republic of South Africa


Biography

Education, academic degree:

B Degree in Commerce.

Professional experience:

Started employment at the Board on Tariffs and Trade, the predecessor of the International Trade Administration Commission, in 1988 as an investigator in the Customs Tariff area.

Since 1996 been involved in the Trade Remedies area, first as an investigator and since 2001 as Senior Manager of the unit.

Involved in more than 70 trade remedy investigations in the last 16 years, either as investigator or as manager of the Trade Remedies unit. Played an active role in the drafting of the Anti-Dumping, Countervailing and Safeguard Regulations.

Involved in both multilateral and bilateral trade negotiations pertaining to trade remedies as part of the South African Delegation.

Specialist area, professional interests:

Trade Remedies.

Zoleka Xabendlini

Senior Manager, International Trade Administration Commission of the Republic of South Africa


Biography

Education, academic degree:

Post graduate degree in Economics.

Professional experience:

She has held the position for almost ten years. Her unit is responsible for conducting investigations regarding dumping, countervailing and safeguard.

She is involved in both multilateral and bilateral trade negotiations pertaining to trade remedies as part of the South African Delegation.

Before joining ITAC held various positions in government agencies and has been involved in policy and research analysis and economic regulation.

Specialist area, professional interests:

Trade Remedies.

Andrey Zakharov

Deputy Director of Department for Internal Market Defence, Eurasian Economic Commission


Xiaoyan Zhou

Director General of Trade Remedy and Investigations Bureau, Ministry of Commerce of the People's Republic of China


Biography

Education, academic degree:

Apr-June 2012 - Senior Training Program of Public Policy and Management, Harvard Kennedy School, U.S.A.,Tsinghua University, China.

Sep-Dec 1992 - Visiting scholar to Legislation Program, Boston University, U.S.A.

1987-1988 - International Marketing Program, Roma Management School, Italy.

1983-1986 - Master of Law, Department of Law, Peking University, China.

1979- 1983 - Bachelor of Law, Department of Law, Peking University, China.

Professional experience:

July 1986-October 2004 - Division Director, Director and Vice Director General, Department of Treaty and Law, Former Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China, Ministry of Commerce of the People’s Republic of China.

November 2004- March 2009 - Investigation Commissioner, Bureau of Fair Trade for Imports & Exports, Ministry of Commerce of the People’s Republic of China.

March 2009- April 2014 - Director General, Bureau of Fair Trade for Imports & Exports, Ministry of Commerce of the People’s Republic of China.

April 2014- present - Director General, Trade Remedy and Investigation Bureau, Ministry of Commerce of the People’s Republic of China.

Specialist area, professional interests:

  • Foreign investment law, foreign trade law, civil law, commercial law;
  • Bilateral and multilateral rules negotiation;
  • Trade remedy investigation.

Achievements, rewards:

  • Participating in the Drafting and Amending of Chinese Laws and Regulations: (1992-2004) - Anti-Monopoly Law of PRC, Foreign Trade Law of PRC, Foreign Investment Laws of PRC, Contract Law of PRC, Maritime Law of PRC, Regulation on the Import & Export of Goods of PRC, Regulation on the Import & Export of Technologies of PRC, Regulation on the Origin of Import & Export of Goods of PRC, Regulations on Antidumping, Countervailing and Safeguard of PRC;
  • Attending UNCITRAL Sessions for Review and Adoption of the International Conventions and Model Laws (1995-2003): Convention on the Assignment of Receivables in International Trade, Model Law on Electronic Signatures, Model Law on Electronic Commerce, Model Law on International Commercial Arbitration;
  • Negotiating Bilateral Agreements and Model Contracts(1992-2004): Agreements on the Promotion and Reciprocal Protection of Investments between the Government of P.R.C and the Governments of Canada, Finland, Sweden, Russia, South Korea, Germany, India, Tunisia, and Uganda etc. respectively. Sino-Japanese Model Terms of Contracts for Sale of Goods, Sino-Korean Model Terms of Contracts for Sale of Goods, Sino-German Model Terms of Contracts for Sale of Goods, China-Australia-New Zealand Standard Wool Contract, Sino-Japanese Model Form of Contract for Supply of Technology and Equipment, Sino-German Model Contract for Know how-and Patent License.

Publications, scientific works:

Law and Practice of the Settlement of Business Disputes in China, editor in-chief and co-author: Zhongxin Press, 1999.

Business Law in China, co-author: ICC Press, 1997

Principles of International Commercial Contracts (UNIDROIT), editor in-chief and co-translator: China Law Press, 1996.

*This schedule may be subject to change