XN000022-1989-01-17 — Page 4

TUESDAY, JANUARY 17, 1989

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GOVT TO HIRE CONSULTANTS ON ANTI-DUMPING

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FIRMS то

IN

THE GOVERNMENT IS TO HIRE TWO CONSULTANT

HELP DEALING WITH ALLEGATIONS OF DUMPING IN THE BUROPEAN ECONOMIC COMMUNITY, THE SECRETARY FOR TRADE AND INDUSTRY, MR HAMISH MACLEOD, SAID TODAY (TUESDAY).

SPEAKING AT A MEETING OF THE ROTARY CLUB OF PENINSULA, MR MACLEOD SAID THE GOVERNMENT WAS TO HIRE MALMGREN, GOLT AND KINGSTON AND CO, A SPECIALIST TRADE POLICY FIRM BASED IN LONDON, TO ASSIST IN THE DETERMINATION OF EEC POLICIES RELATING TO DUMPING.

VAN BAEL AND BELLIS, A LAW FIRM BASED IN BRUSSELS, WOULD ADVISE ON DETAILED LEGAL QUESTIONS RELATING TO THE EEC'S LAW AND PRACTICES,

HE SAID BOTH FIRMS WOULD WORK CLOSELY WITH DEPARTMENT AND THE GOVERNMENT'S OFFICES IN BRUSSELS, GENEVA.

ANTI-DUMPING

THE TRADE LONDON AND

HE STRESSED THAT, IN ADDITION, INDIVIDUAL COMPANIES SUBJECT TO ANTI-DUMPING ACTION WERE STRONGLY ADVISED TO HIRE THEIR OWN LAWYERS AND/OR ACCOUNTANTS TO DEAL WITH THE DETAILS OF THEIR CASES. THE GOVERNMENT WOULD DEAL WITH THE MORE GENERAL ISSUES AT STAKE.

"WE VIEW THESE ANTI-DUMPING ACTIONS VERY SERIOUSLY AND WILL BE DEVOTING CONSIDERABLE EFFORTS AND RESOURCES то COMBATTING ANY UNFAIRNESS WHICH EMERGES, MR MACLEOD SAID.

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HE SAID IT WAS NOT CLEAR THAT' THE EEC PAID SUFFICIENT ATTENTION AT THE INITIATING STAGE TO WHETHER DUMPING AND INJURY AS DEFINED UNDER THE GENERAL AGREEMENT ON TARIFFS

HAD TAKEN PLACE.

AND TRADE

THE EEC COMMISSION'S FINDINGS MAY BE SUBJECTIVE AND ARE APPARENTLY HARD TO CHALLENGE IN COURT, LEGISLATION AND PRACTICE ARE EXTREMELY COMPLICATED.

L

ANT 1 – DUMPING

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IN ADDITION THE BEC'S

LEGISLATION HAS BELN DESCRIBED BY ONE LEGAL EXPERT AS HAVING A STRUCTURAL PIAS TOWARDS FINDING DUMPING" ONCE DEFINITIVE DUTIES ARE IMPOSED, THE PROVISIONS FOR REVIEW ARE INADEQUATE AND SLOW,

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MR MACLEOD SAID THE COMMISSION IMPOSES "RESIDUAL DUTY" THE HIGHEST DUTY RATE FOUND IN RESPECT OF COMPANIES UNDER COMPLAINT, ON ALL NEW COMPANIES OR THOSE NOT NAMED IN THE ORIGINAL INVESTIGATION.

"THIS RESIDUAL DUTY EFFECTIVELY CONDEMNS THE ENTIRE INDUSTRY. AND SEEMS ON THE FACE OF IT TO BE AGAINST NATURAL JUSTICE, HE SAID.

/ANTI-DUMPING PROCEEDINGS,

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