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MONDAY, JULY 18, 1994
"THE REVOCATION ORDER IS A SATISFYING OUTCOME OF OUR FIVE-YEAR BATTLE AGAINST THE ANTI-DUMPING PROCEEDINGS," MR YIU SAID.
UNDER THE REVOCATION ORDER, THE U.S. DEPARTMENT OF COMMERCE WILL INSTRUCT THE U.S. CUSTOMS TO PROCEED WITH LIQUIDATION OF THE SUBJECT IMPORTS WITHOUT REGARD TO ANTI-DUMPING DUTIES.
MR YIU SAID: "THE REVOCATION REINFORCES OUR POSITION THAT HONG KONG, GIVEN ITS OPEN MARKET, TOTAL ABSENCE OF GOVERNMENT SUBSIDY AND THE LARGE NUMBER OF RELATIVELY SMALL FIRMS OPERATING IN A COMPETITIVE ENVIRONMENT, IS THE MOST UNLIKELY SOURCE OF DUMPING."
HE ADDED: "THE CONCERTED EFFORT MADE BY THE HONG KONG SWEATERS INDUSTRY AND THE GOVERNMENT SINCE 1989 TO DEFEND HONG KONG'S TRADE. INTERESTS HAS FINALLY PAID OFF.
"IT WILL BE DIFFICULT FOR HONG KONG TO WIN BACK MARKET SHARE LOST DUE TO THE ANTI-DUMPING PROCEEDINGS; BUT OUR DETERMINED ACTION AND EVENTUAL VICTORY DO SHOW THAT HONG KONG DOES NOT TAKE UNREASONABLE ANTI-DUMPING MEASURES LIGHTLY AND IS PREPARED TO FIGHT ANY SUCH MEASURES.
...
MR YIU SAID DURING THE COURSE OF THE ANTI-DUMPING THE TRADE DEPARTMENT HAD HELD THREE ROUNDS OF BILATERAL WITH THE U.S. ADMINISTRATION, IN MAY 1991, JUNE 1992 RESPECTIVELY.
"A MEETING FOR CONCILIATION UNDER THE GENERAL TARIFFS AND TRADE WAS ALSO HELD IN JULY 1991, HE ADDED.
PROCEEDINGS, CONSULTATIONS AND MAY 1994
AGREEMENT ON
IN SEPTEMBER 1990, BASED ON A FINDING BY THE U.S. INTERNATIONAL TRADE COMMISSION (ITC) THAT THE U.S. DOMESTIC INDUSTRY WAS INJURED BY DUMPED IMPORTS, THE U.S. DEPARTMENT OF COMMERCE ISSUED AN ANTI-DUMPING DUTY ORDER REQUIRING U.S. IMPORTERS OF MAN-MADE FIBRE SWEATERS FROM HONG KONG TO PAY ANTI-DUMPING DUTY AT A RATE OF 5.86 PER CENT.
IN JULY 1992, THE U.S. COURT OF INTERNATIONAL TRADE (CIT) HANDED DOWN A RULING ON THE CONSOLIDATED APPEALS BROUGHT BY HONG KONG, TAIWAN AND SOUTH KOREAN COMPANIES THAT THE ITC INJURY DETERMINATION WAS "NOT SUPPORTED BY SUBSTANTIAL EVIDENCE OR OTHERWISE NOT IN ACCORDANCE WITH LAW".
THE ITC WAS MANDATED TO REVIEW THE INJURY DETERMINATION.
IT SUBSEQUENTLY,
REPORTED A "NO INJURY"
ΤΟ DETERMINATION
CIT IN NOVEMBER 1992. CIT UPHELD THIS "NO INJURY" DETERMINATION IN AUGUST 1993.
THE U.S. PETITIONER, THE NATIONAL KNITWEAR AND SPORTSWEAR ASSOCIATION FILED AN APPEAL AGAINST THE CIT DECISION WITH THE U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT (CAFC) IN OCTOBER 1993.
LAST MONTH, THE CAFC AFFIRMED CIT'S DECISION AND OFFICIALLY PASSED THE JUDGMENT ON JULY 6. BASED ON CAFC'S AFFIRMATION, THE U.S. DEPARTMENT OF COMMERCE PUBLISHED THE REVOCATION ORDER ON JULY 14.
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