THURSDAY, DECEMBER 28, 1989
HONG KONG'S VIEW 18 THAT THE CODE, WHICH WAS LAST REVISED IN 1979, HAS A NUMBER OF AMBIGUITIES AND OMISSIONS. WHEN INDIVIDUAL COUNTRIES DEVELOPED THEIR OWN NATIONAL ANTI-DUMPING LEGISLATION BASED ON THE CODE, THIS WAS DONE IN SOME CASES IN SUCH A WAY AS то EXPLOIT THE UNCERTAINTIES IN A PROTECTIONIST WAY.
"THE METHODS CURRENTLY EMPLOYED BY SOME OF THE IMPORTING COUNTRIES, IN CALCULATING DUMPING MARGIN ARE STRUCTURALLY BIASED TOWARDS FINDING DUMPING AND CAN YIELD HIGH MARGINS OF DUMPING UNCONNECTED WITH ECONOMIC REALITY, MR SZE EXPLAINED.
"IT IS AGAINST THIS BACKGROUND THAT THE HONG KONG GOVERNMENT HAS FOUND IT NECESSARY TO PROPOSE REVISIONS TO THE CODE IN ORDER TO ENSURE THAT ANTI-DUMPING WOULD NOT BECOME A PROTECTIONIST DEVICE, HE ADDED.
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IN THE FIRST SUBMISSION, THE GOVERNMENT SET OUT ITS COMMENTS ON THE RATIONALE FOR VARIOUS ANTI-DUMPING SYSTEMS AND THE ESTABLISHMENT OF THE ANTI-DUMPING CODE AND ADVOCATED THE NEED FOR SUBSTANTIAL CHANGES IN CERTAIN PROVISIONS OF THE CODE.
AMENDMENTS
THE SECOND SUBMISSION PROPOSED A NUMBER OF SPECIFIC TO THE CODE. FOR EXAMPLE, IT SOUGHT то INTRODUCE THE CONCEPT OF COMPARATIVE ADVANTAGE AND TO DISTINGUISH BETWEEN FAIR PRICE COMPETITION AND INJURIOUS PRICE DISCRIMINATION.
THE LATEST SUBMISSION, LODGED WITH THE GATT ON DECEMBER
20, SUGGESTS AMONG A NUMBER OF OTHER PROPOSALS THAT NO ANTI-DUMPING PROCEEDINGS SHOULD BE INITIATED ON PRODUCTS ALREADY SUBJECT TO QUANTITATIVE RESTRAINT.
[
IN MAKING THIS PROPOSED CHANGE, WE HAVE THE EEC ANTI-DUMPING PROCEEDING ON DENIM AND THE USA PROCEEDING ON MAN-MADE FIBRE SWEATERS IN MIND,' MR SZE EXPLAINED.
"WE ARE ALSO PROPOSING THAT NO ANTI-DUMPING MEASURES SHOULD BE IMPOSED ON NEWCOMERS, THAT IS, THOSE COMPANIES WHICH DID NOT EXPORT DURING THE REFERENCE PERIOD OF THE INVESTIGATION AND THAT THE INVESTIGATING AUTHORITIES SHOULD MAKE SPECIAL ALLOWANCES FOR SMALL COMPANIES WHICH HAVE GENUINE DIFFICULTIES IN PARTICIPATING IN AN ANTI-DUMPING PROCEEDING.'
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MR SZE ADDED THAT IN ORDER TO MAKE PROGRESS AT GATT, HONG KONG HAS INITIATED A "SMALL GROUP" OF LIKE-MINDED GATT MEMBERS TO DRAW UP SPECIFIC PROPOSALS FOR SUBMISSION TO THE NEGOTIATING GROUP ON MULTILATERAL TRADE NEGOTIATIONS, AGREEMENTS AND ARRANGEMENTS.
THIS "SMALI. GROUP" COMPRISES NORDIC COUNTRIES, SWITZERLAND, SOUTH KOREA, SINGAPORE, HUNGARY, EGYPT, BRAZIL, INDIA, JAPAN, AND HONG KONG.
THE
THE YEAR AHEAD, CULMINATING IN THE END OF THE URUGUAY ROUND IN DECEMBER 1990. WILL BE CRUCIAL AS REGARDS THE FUTURE OF ANTI-DUMPING CODE.
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