IDEAS home Printed from https://ideas.repec.org/p/rsc/rsceui/2019-81.html
   My bibliography  Save this paper

Expired measures, excess duty drawbacks and causation: The Appellate Body report in EU – PET (Pakistan)

Author

Listed:
  • Arevik Gnutzmann-Mkrtchyan
  • Isabelle Van Damme

Abstract

The Appellate Body report in EU – PET (Pakistan) raises distinct questions relating to the need for findings in relation to expired measures, the conditions under which duty drawback schemes may constitute subsidies and the causation methodology to apply under the SCM Agreement. We conclude that the report offers no clear guidance on whether the function and design of WTO dispute settlement require or preclude findings in case of expired measures. We welcome the Appellate Body’s conclusion that, in case of duty drawback schemes, the financial contribution element of the subsidy is limited to the excess remission or drawback of import charges. Finally, although the Appellate Body rightly found that authorities are free to choose the methodology for causation analysis provided that the analysis is complete and objective, the methodology used by the investigating authority in this case show a number of deficiencies that were not recognized by the Appellate Body.

Suggested Citation

  • Arevik Gnutzmann-Mkrtchyan & Isabelle Van Damme, 2019. "Expired measures, excess duty drawbacks and causation: The Appellate Body report in EU – PET (Pakistan)," RSCAS Working Papers 2019/81, European University Institute.
    • Handle: RePEc:rsc:rsceui:2019/81
    as

    Download full text from publisher

    File URL: https://cadmus.eui.eu/bitstream/handle/1814/64608/RSCAS%202019_81.pdf?sequence=1&isAllowed=y
    Download Restriction: no
    File URL: http://hdl.handle.net/1814/64608
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Elena Ianchovichina, 2007. "Are duty drawbacks on exports worth the hassle?," Canadian Journal of Economics, Canadian Economics Association, vol. 40(3), pages 881-913, August.
    2. Horn, Henrik & Mavroidis, Petros C., 2003. "US – Lamb: United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia: What Should be Required of a Safeguard Investigation?," World Trade Review, Cambridge University Press, vol. 2(S1), pages 72-114, January.
    3. Chad Bown & Kara Reynolds, 2015. "Trade flows and trade disputes," The Review of International Organizations, Springer, vol. 10(2), pages 145-177, June.
    4. Grossman, Gene M. & Mavroidis, Petros C., 2005. "United States – Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe From Korea Not for Attribution," World Trade Review, Cambridge University Press, vol. 4(S1), pages 99-132, January.
    5. Kara M. Reynolds & Chad P. Bown, 2014. "Trade Flows and Trade Disputes," Working Papers 2014-05, American University, Department of Economics.
    6. Crowley, Meredith A. & Palmeter, David, 2009. "Japan – Countervailing Duties on Dynamic Random Access Memories from Korea (DS 336 and Corr.1, adopted 17 December 2007)," World Trade Review, Cambridge University Press, vol. 8(1), pages 259-272, January.
    7. Elena Ianchovichina, 2007. "Are duty drawbacks on exports worth the hassle?," Canadian Journal of Economics, Canadian Economics Association, vol. 40(3), pages 881-913, August.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Gnutzmann-Mkrtchyan, Arevik & Van Damme, Isabelle, 2020. "Expired measures, excess duty drawbacks and causation: The Appellate Body report in EU - PET (Pakistan)," Hannover Economic Papers (HEP) dp-665, Leibniz Universität Hannover, Wirtschaftswissenschaftliche Fakultät.
    2. Siwage Dharma Negara & Dionisius A. Narjoko & Kazunobu Hayakawa, 2024. "Impacts of Tariff Rates on Input Source Choice: Evidence from Indonesia," The Developing Economies, Institute of Developing Economies, vol. 62(1), pages 28-44, March.
    3. Brandt, Loren & Li, Bingjing & Morrow, Peter M., 2021. "Processing trade and costs of incomplete liberalization: The case of China," Journal of International Economics, Elsevier, vol. 131(C).
    4. Bown,Chad P. & Crowley,Meredith A & Bown,Chad P. & Crowley,Meredith A, 2016. "The empirical landscape of trade policy," Policy Research Working Paper Series 7620, The World Bank.
    5. Chad Bown & Kara Reynolds, 2015. "Trade flows and trade disputes," The Review of International Organizations, Springer, vol. 10(2), pages 145-177, June.
    6. Fabrice Defever & Alejandro Riaño, 2012. "China's Pure Exporter Subsidies," CEP Discussion Papers dp1182, Centre for Economic Performance, LSE.
    7. Timothy Meyer, 2017. "Explaining energy disputes at the World Trade Organization," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 17(3), pages 391-410, June.
    8. Michelle Connolly & Kei-Mu Yi, 2015. "How Much of South Korea's Growth Miracle Can Be Explained by Trade Policy?," American Economic Journal: Macroeconomics, American Economic Association, vol. 7(4), pages 188-221, October.
    9. Tatsuo Hatta, 2018. "Revenue-Constrained Combination of an Optimal Tariff and Duty Drawback," Frontiers of Economics in China-Selected Publications from Chinese Universities, Higher Education Press, vol. 13(1), pages 52-67, March.
    10. Kuo‐I Chang & Kazunobu Hayakawa & Nuttawut Laksanapanyakul & Dionisius Narjoko & Ju Hyun Pyun & Francis Quimba, 2022. "Determinants of regional trade agreement utilisation: Evidence from multiple import countries in Asia," The World Economy, Wiley Blackwell, vol. 45(6), pages 1713-1736, June.
    11. Defever,Fabrice Fernand & Reyes,Jose Daniel & Riano,Alejandro & Sanchez Martin,Miguel Eduardo, 2016. "Does the elimination of export requirements in special economic zones affect export performance? evidence from the Dominican Republic," Policy Research Working Paper Series 7874, The World Bank.
    12. Dennis Tao Yang, 2012. "Aggregate Savings and External Imbalances in China," Journal of Economic Perspectives, American Economic Association, vol. 26(4), pages 125-146, Fall.
    13. Serrano Caballero, Enriqueta & Ojo, Marianne, 2019. "Trade Negotiations and Global Relations: Emerging Players and Actors," MPRA Paper 92105, University Library of Munich, Germany.
    14. Bussolo,Maurizio & Vargas Da Cruz,Marcio Jose, 2015. "Does input tariff reduction impact firms'exports in the presence of import tariff exemption regimes ?," Policy Research Working Paper Series 7231, The World Bank.
    15. Fabrice Defever & Alejandro Riaño, 2017. "China’s Dual Export Sector," Discussion Papers 2017-01, University of Nottingham, GEP.
    16. Neha Bhardwaj Upadhayay, 2020. "Uncovering the proliferation of contingent protection through channels of retaliation, gender and development assistance," Erudite Ph.D Dissertations, Erudite, number ph20-02 edited by Julie Lochard & Catherine Bros, February.
    17. Deng, Ziliang & Guo, Honglin & Zhang, Weifu & Wang, Chengqi, 2014. "Innovation and survival of exporters: A contingency perspective," International Business Review, Elsevier, vol. 23(2), pages 396-406.
    18. Mulu Gebreyesus & Ashagrie Demile, 2017. "Why export promotion efforts failed to deliver? Assessment of the export incentives and their implementation in Ethiopia," Working Papers 017, Policy Studies Institute.
    19. Mostafa Beshkar & Jee-Hyeong Park, 2017. "Dispute Settlement with Second-Order Uncertainty: The Case of International Trade Disputes," CAEPR Working Papers 2017-010, Center for Applied Economics and Policy Research, Department of Economics, Indiana University Bloomington.
    20. Rosalyn Perkins & Mary Caroline Castaño & Condrad Montemayor, 2018. "Analysis of predictability and accountability transparency practices and FTA on trade growth in selected countries of the Asia-Pacific region: a descriptive-causal approach," Journal of Economic Structures, Springer;Pan-Pacific Association of Input-Output Studies (PAPAIOS), vol. 7(1), pages 1-18, December.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:rsc:rsceui:2019/81. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: RSCAS web unit (email available below). General contact details of provider: https://edirc.repec.org/data/rsiueit.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.