Trade Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option.
Depression caused by protectionism. Depressions causes political instability. Political instability causes war
Ergo: Need to end protectionism
General Agreement on Tariffs and Trade Thus - US leads campaign for postwar trade regime based upon: Classic (economic) liberal principle of comparative advantage. In effect: Tariffs would be lowered Each country to specialise in production of those goods it produced best (trading with other countries as appropriate). In theory all countries would be better off as a result. General Agreement on Tariffs and Trade 1947: Originally US vision for postwar trade regime to be encapsulated in creation of International Trade Organisation. Met domestic opposition. GATT - established as temporary agreement to provide basis for trade negotiation underway in Geneva. General Agreement on Tariffs and Trade In consequence US effectively dominated GATT. For example: The eight trade rounds that constituted GATT for example, were typically initiated by grants of negotiating authority from the US congress to the US President General Agreement on Tariffs and Trade GATT embodies 1st world rules/ assumptions for economic prosperity:
Standardised production, Vast scale of production, Endless expansion of markets
combine to create the engine for global economic growth General Agreement on Tariffs and Trade GATT based on four norms: Most-Favoured Nation Reciprocity Exemptions Development Norm General Agreement on Tariffs and Trade Most-Favoured Nation
All members agree to extend unconditional MFN status to one another - no country receives preferential treatment not accorded to all other MFN countries. Any benefits acquired by one country are automatically extended to all MFN partners Only exceptions to this rule are customs unions (e.g. EU, NAFTA) General Agreement on Tariffs and Trade Reciprocity
Any country that benefits from anothers tariff reduction should reciprocate to an equivalent extent. In theory then, fair and equitable tariff reductions by all countries are ensured. Taken with the MFN principle, reciprocity is intended to create a downward spiral of tariffs. General Agreement on Tariffs and Trade Exemptions
Regarded as acceptable if: temporary imposed for short-term balance-of-payments reasons country experiencing severe market disruptions due to increased imports
General Agreement on Tariffs and Trade Development Norm added (from 1965 onwards) allowing: 1. Unilateral/unreciprocated tariff reductions by developed countries on imports from developing countries 2. Export subsidies by developing countries.
General Agreement on Tariffs and Trade GATT until the 1980s focused (very successfully) on reducing manufacturing tariffs:
1948 - 1993 Reduction in official tariffs on manufacturing from 40% to 5% Global trade increases by factor of four (mainly benefiting 1st world - by 1990s 20% of the worlds population does 80% of international trade.) SO - GATT A (BUT NOT THE ONLY) FACTOR BEHIND GLOBALISATION General Agreement on Tariffs and Trade GATT and film: 1947 - Preparatory meeting in Geneva. US delegation worked vigorously to secure agreement for inclusion of provision under GATT under which all film restrictions would be removed except quotas on playing time for domestically produced motion pictures. MPEA Paris Rep, worked closely with the US delegation throughout. GATT Article IV - SPECIAL PROVISIONS RELATING TO CINEMATOGRAPH FILMS Quantitative regulations relating to films limited to screen quotas - governments could require the exhibition of cinematograph films of national origin during a specified minimum proportion of the total screen time actually utilized, over a specified period of not less than one year. The quotas were to be subject to negotiation for their limitation, liberalization or elimination. GATT - From Geneva to Ururguay Despite Article 4, GATT manufacturing focused until 1980s.
By 1990s, however, services sector outstrips value of manufacturing: 70% of 1st world GDP 50% of 3rd world GDP
GATT slow to recognise this - services notoriously hard to quantify However de-industrialisation in the 1960s and 1970s has left the US the most indebted nation in the world
As of 1993 - the US recorded international trade surpluses from the aerospace and audiovisual industries - and nowhere else. Uruguay Round Hence - September 1986 Punta del Este Declaration placed Trade in Services (TIS) at centre of GATT debates. Driven by US pressure (in turn influenced by American Express, Citibank and IBM lobbyists) TIS included: film, TV and broadcast advertising production and distribution Uruguay Round Cinema used to be side salad in world commerce - now its the beef.
Daniel Toscan du Plantier - President of French Govt. Film Marketing Body Uruguay Round US objected to the the following barriers to trade in audiovisual products: Local media content quotas Restrictions on foreign ownership of the press Subsidies to screen industries Subvention and diplomacy designed to assist a/v industries in exporting their product Uruguay Round The US makes these objections in the following context: The US government endorses trust-like behaviour overseas whilst prohibiting it domestically. The US government has a long history of aiding its own film industry through: tax-credit schemes, film commission assistance, State and Commerce Department Representation, The Informational Media Guaranty Programme Uruguay Round Whats more the Justice Department is authorised to classify all imported films which it can ban as political propaganda. Uruguay Round EU A/V Deficit 1992 - 1996 (in $000,000s) 1992 1993 1996 3375 3720 5600
To put this in context: in 1992 the EU imported $3.7bn in a/v material from the US whilst the US imported just over $300m (less than 10% of exports to EU) of Euro a/v material. Uruguay Round Despite the inclusion of TIS in the UR, the major focus from 1986-93 was on reducing agricultural export subsidies (e.g. the EUs CAP).
Deadline for agreement December 15 1993. Farm issue settled December 7. Suddenly replaced by dispute over a/v industries.
Uruguay Round From the outset of the UR US attempts to remove support for a/v industries almost universally opposed, esp. by India, Canada, Japan, Australia, Europe and the Third World - in the name of cultural sovereignty.
In the last week, however, the dispute became the US versus EU (and mainly France) Uruguay Round US Position - Sought end to all EU subsidies and quotas arguing from the precepts of neoclassical economics for untrammelled play of comparative advantage inside laws of supply and demand.
French position - cultural products are public as well as private goods with a historical and national significance which couldnt be captured within economic formulas Uruguay Round Reason for prolongation of dispute - use of differing premises: US - justified monopolistic competition on the grounds of the sovereign consumer French - justified state support on the ground of the sovereign citizen
The consumer was a fully formed subject making a rational choice in favour of entertainment and distraction the citizen was an insufficiently knowing subject in need of education in civics Uruguay Round In Ireland concern expressed that the US, if successful, would demand end of:
Eurimages Irish Film Board TV Without Frontiersdirective Uruguay Round French and US dig in their heels.
Dec 12 - US accepts continuation of state subvention of cultural production in Europe (and elsewhere) but pushed issue of levies on cinema/video tickets/rentals. Uruguay Round Specifics:
French subsidy system levied an 11% tax on cinema tickets - used to fund some 150 films per annum Mickey Kantor pointed out that the majority of tickets sold in France were for US films Uruguay Round 3 am December 14 1993 US still seeking: EU free to continue reserving 51% of local TV programming for European production but thus should apply to 24 hour day as a whole (e.g. France was entirely banning US material from primetime)
For satellite, cable (new techs) - Us willing to allow EU to reserve 50-70% of all channels but opposed application of EU must carry 51% Euro content rules to every channel (potential source of difficulty for Comedy Channel, Nickelodeon, Discovery - indeed Sky)
Uruguay Round US artists/producers entitled to fair share of levies raised from blank audio and video tapes but would commit to investing the funds raised in Europe. Film and television industries
Pay-per-view and video-on-demand channels should not be restricted since consumers could make a free choice to watch one film rather than another and pay for that choice.
Uruguay Round EU offered:
Standstill on existing legislation No more than 51% of programming would be reserved Commitment to begin negotiations on how the a/v sector should be handled multilaterally
SO WHAT HAPPENS? Final Outcome - an agreement to disagree. Mickey Kantor: Rather than accepting that EU proposal which would have enshrined the principle of limiting viewers rights to see what they wishand recognised a system which denies artists and producers the right to funds they have legally earned through royalties Kantor rejected any deal. Final Outcome - an agreement to disagree. We can best advance the interests of our artists, performers and producers - and the free flow of information around the world - be reserving all our legal rights to respond to policies that discriminate in these areas.
Mickey Kantor Dec 15 1993 Final Outcome - an agreement to disagree. A great and fine victory for French and European cultureWe got what we wanted from the start, which is basically the cultural exception.
Alain Carignon, French Communications Minister Who won the Uruguay round? Everybody a winner? Success by contrast might add $270 billion to world income by 2002 (GATT, OECD & World Bank estimates). Much of the discussion re: the Uruguay round stressed the dire consequences of failure. Arguably the only clear winners from the freeing of world trade under GATT rules may be those 500 or so companies which control two-thirds of that trade. Barrie Axford, The Global System Who won the Uruguay round? Uruguay round brought economic imperatives and cultural institutions head-to-head.
Under UR - any rule of institution that might hinder another nations goods or services from entering freely will be counted as a tariff. Such tariffs must be reduced. Who won the Uruguay round? However in some cases these hindrances are not rules but ways of life or means of supporting cultural diversity: Hence French defence of film subsidies but also US negotiators considered as restraint of trade the Japanese practice - hokoosha tengoku - of encouraging small shops in pedestrian streets since it interfered with thew prospects of US traders for establishing large out-of-town shopping facilities in Japan. Who won the Uruguay round? French claim victory over a/v negotiations
Yet despite the absence of any specific commitments on a/v industry, the sector was still included within the general framework of the Uruguay Round of trade negotiations under GATT (specifically the GATS - General Agreement on Trade in Services).
Thus it would be subject to the rules laid down for international trade generally, particularly in connection with transparence and settlement of trade conflicts at GATT level. Who won the Uruguay round? Also meant that the a/v industry would come under the dispute resolution mechanisms of the WTO
WTO designed as successor to GATT - responsible for ensuring growth and liberalisation of world trade, policing observance of Uruguay Round rules and settling trade conflicts GATT is dead, Long live WTO Actually GATT rules still form basis of WTOs operations. WTO: Secretariat (of 500 people) based in Geneva. Main functions to supply technical support to WTOs various councils, committees and ministerial conferences. WTO Structure Ministerial Conference
General Council
Goods Council Services Council Intellectual Property Council WTO operation Ministerial Council meets every two years. Sets general aims of WTO. Council membership made up of 130 countries, representing 90%+ of world trade WTO and media/communications WTO treats these industries in the context of the GATS
The GATS formally consists of: 29 articles, 8 annexes, and 130 schedules of commitments (each WTO Member must submit a schedule) on specific services or service sectors. The articles of the GATS lay out the scope of the Agreement and the general obligations and disciplines to be observed.
WTO and media/communications The GATS formally consists of:
They also define the specific commitments to be inscribed in schedules and how to go about negotiating them. Finally, there are provisions for dispute settlement and the establishment of the Council for Trade in Services. WTO and media/communications GATS principles:
Covers all services MFN National treatment only applies where specific commitments are made Definition of Services Ways of providing international services defined as: Services supplied from one country to another (e.g. telecoms) Consumers/firms making use of service in another country (e.g. tourism) Foreign company setting up subsidiary in another country Individuals travelling from home to supply services in another country What has WTO done for us? A/V services not directly subject to any WTO negotiations - yet.
Telecoms - however:
Feb 1997 - Basic Telecoms Agreement Basic Telecoms Agreement GATT sees US push (unsuccessfully) for inclusion of provision on liberalising network access.
Issue pursues through GATT. Basic Telecoms Agreement Origins of the negotiations
Marrakesh Ministerial Meeting closed the Uruguay Round in April 1994. Meeting extends negotiations on trade in basic telecommunications beyond the Uruguay Round. Basic Telecoms Agreement Negotiations begin May 1994, (with 33 WTO Member govts), under the auspices of the Negotiating Group on Basic Telecommunications (NGBT). Negotiations to conclude by 30 April 1996.
Actually takes until 1998 to implement the final agreement Defining basic telecommunications Examples of the services under negotiation were voice telephony, data transmission, telex, telegraph, facsimile, private leased circuit services (i.e. the sale or lease of transmission capacity), fixed and mobile satellite systems and services, cellular telephony, mobile data services, paging, and personal communications systems. Basic Telecoms Agreement Overview
The February 1997 deadline for the negotiations on basic telecoms resulted in the tabling of 55 offers, covering 69 governments (counting individually the EU Member States) Basic Telecoms Agreement Only the schedules themselves provide authoritative and complete information on the telecoms services included, the scope of the commitments, and the degree (i.e. full or partial) of market access permitted.
BUT... Basic Telecoms Agreement - On voice telephone service, 63 govts committed to competitive supply (permitting two or more suppliers).
These commitments permit competition the supply of public voice services, (either immediate or phased-in) on local service, domestic long distance, and international service and resale of public voice telephone
In total 70% of the 62 governments were permitting a degree of competition in public voice service. Basic Telecoms Agreement Commitments on other services: 65 govts - data transmission services; 62 govts - access to cellular/ mobile telephone markets 56 govts - competition in leased circuit services (the supply of transmission capacity) 62 govts - mobile services (PCS, mobile data or paging). 53 govts - mobile satellite services/transport capacity 52 govts - fixed satellite services/transport capacity. 10 govts - value-added telecoms services (e.g. e-mail, on- line data processing or data base retrieval). FTP is the new name for the earlier EXIM policy. 31 st august 2004 - To double our % share of global merchandise trade within the next 5 years
To act as an effective instrument of economic growth by giving a thrust to employment generation.
Strategy of FTP (2004-2009) Identifying and developing special focus areas Simplifying procedures Technological and infrastructural upgradation of all sectors Facilitating development of India as a global hub for manufacturing, trading and services. Revitalizing the board of trade by redefining its role, giving it due recognition and inducting experts on trade policy Exports $63billion in 2003-04 $168billion in 2008-09 Share of Global merchandise trade 0.83% in 2003 1.45% in 2008 Share of global commercial service export 1.4% in 2003 2.8% in 2008 Total share in goods and service trade 0.92% in 2003 1.64% in 2008 ACHIEVEMNTS OF THE FTP 2004-09 FOREIGN TRADE POLICY (2009 - 2014) 2009 most severe global recessions WTO estimates project a grim forecast that global trade is likely to decline by 9% in volume terms and IMF estimates project a decline of over 11%. World bank estimate suggests that 53million more people would fall into the poverty and over a billion people would go chronically hungry. It was difficult to announce a FTP in this economic climate. There was a need to set in motion ,strategies and policy measures which would catalyse the growth of exports. short term objectives Arrest and reverse the declining trend of exports Additional support to those sectors which have been hit badly by recession By 2014, the objective is to double Indias exports of goods and services
To double Indias share in global trade by 2020. Policy measures Fiscal incentives, institutional changes, procedural rationalization, enhanced market access across the world and diversification of export markets. Improvement in infrastructure related to exports, bringing down transaction costs SEZs in India: origin and evolution India: the first Asian country to have an EPZ in 1965.
Four phases of evolution:
1965-1990:
1991-2000:
2000 2006 (Feb 9)
2006 (Feb 10 onwards)
India 1965-2000 EPZs Small Diversified activity 7 SEZs all owned by the central government Preferred small scale industry set up Limited incentives Set up mainly near port No legal apparatus 2000-05 EPZs/SEZs Private zones allowed, Location decision deregulated Incentives raised No legal apparatus Mostly created by state government 2005- SEZs Low tech to very high tech Wide variety Wide ownership profile SEZ act 2005, SEZ act 2006 Large scale industrialisation
Evolution of SEZs Is the SEZ policy a paradigm shift? Paradigm shift is thinking out of the box.
Not a paradigm shift but radical reforms
Some suggestions.
Why SEZs: Theoretical perspectives Right wing: Orthodox approach (Neo classical) Political economy approach Left wing International division of labour approach (IDL) Heterodox approach New international division of labour approach
Industrial clustering approach Widely prevalent perception: SEZs are an alternative strategy of development which is based on second best solutions either to total liberalization or economy wide improvement in investment climate.
Alternative perception: SEZs are not an alternative development policy. are a component of the broader industrial strategy and their development needs to be synthesised with the overall cluster development policy. should be strategically located in or around existing clusters, natural or government-promoted. Alternatively, plan large SEZs or foster the development of clusters of several small SEZs to ensure a critical mass of activity.
Encourage the growth of local industries around them and facilitate the synthesis of SEZs with local production networks. Promoting agglomeration economies: Some observations Creation of industrial estates for promoting new industries (Andhra Pradesh) (Genome valley for bio tech, Geetanjali SEZ for gems and jewellery)
Augmenting existing industrial estates (AP, Maharashtra, Gujrat, Rajasthan, UP, Karnataka) (Jamnagar in Guj., Jaipur in Raj., Noida in UP, Mumbai-Nashik-Pune in Mah.)
Reinforcing industrial clusters (Gujrat, Rajasthan , UP) (Ahemdabad, Vadodara, Bharuch in Gujrat, Jodhpur in Rajasthan, Moradabad in UP)
Promotion of corridors of industrial excellence (Tamilnadu) (Chennai-Manali-Ennore corridor; Chengalpattu-Sriperumbudur- Ranipet corridor; Madurai-Thoothukkudi and Coimbator - Salem)
Promotion of industrial clusters in backward regions (Maharashtra) (Nagpur, Jalna, Nanded, Latur, Amravati, and Akola, among others ) Qualitative benefits Economic restructuring : increased productivity Scale advantage and shift to virtuous circle Diversification of exports ( old vs new) New industries : EMS, Solar energy, Windmill, aerospace, Biotechnology, sports shoes Geographical diversification of industries AP : promotion of IT, bio-tech, gems and jewellery Tamil Nadu : Electronics, Localisation of global supply chains Nokia, Suzlon, Geetanjali, Uniparts in Vizag
Quantitative impact: A big push Latest data
585 SEZs approved, 381 have been notified of which 143 SEZs are already exporting.
SEZs now export in excess of Rs. 3,00,000 crore
With an investment of Rs. 2,00,000 crore,
SEZs today provide direct employment to over 7,00,000 persons.
However, there are costs Regional inequalities Only 5 states Only 5 top SEZs Positive correlations between SEZ and domestic economy investment and employment Tax loss: Indirect tax loss per unit of exports from outside SEZs larger than that within SEZs Relocation: No evidence of decline in investment outside SEZs except in large IT sector .
Social impacts
Human development (race to bottom?) Human capital upgradation Environment (race to bottom?) Spatial restructuring and urbanisation Empowerment of rural communities
Issues Land acquisition International experience Newer models of land acquisition LARR ( will it help?) Food security Private vs public SEZs Real estate proposition
Are these issues SEZ-centric issues??
Perhaps not.
Can be overcome through dynamic learning and institution building?
SEZs : testing lab for large industrialisation programme.
Challenges Policy gaps RTAs: large Indian markets and SEZs WTO: Trade based subsidies
Major hurdles
Weak commitment, lack of political will power, uncertainties and policy dilutions
export Oriented Unit The purpose of this scheme was basically to boost exports by creating additional production capacity with certain minimum value addition. INTRODUCTION OBJECTIVES OF THE EOU SCHEME Stimulate direct foreign investment Transfer of latest technologies
OBLIGATION OF EOU The EOUs are required to achieve Positive Net Foreign Exchange Earning (NFE).
NFE shall be calculated cumulatively for a period of Five years from the date of commencement of production.
Input / output norms to be maintained as per FTP on the resultant product.
Unutilized material can be disposed on payment of applicable duties. BENEFITS OF EOU All the imports to units are customs duty free. Exemption from Central Excise Duty for the procurement of Capital Goods and Raw Materials from domestic market. Units are entitled to sell the product in local market upto 50% of the products exported in value terms. 100% of foreign equity is permissible. Reimbursement of Central Sales Tax (CST) paid on domestic purchases. No restrictions on External Commercial Borrowings. Full freedom for sub-contracting. EOUs are free to select the location of a project. Exemption from paying electricity duty. BENEFITS CONT. Fast Track Clearance Scheme (FTCS) for clearances of imported consignments for EOU. Sub-contracting to DTA units permissible after obtaining permission on annual basis. Unutilized raw material can be disposed of on payment of applicable duties. The unit can exit with permission of Development Commissioner, on payment of applicable duties. Prescribed percentage of foreign exchange earnings can be retained in EEFC account in foreign exchange. EOUs can export through an export house/trading house/star trading house or other EOUs. MAJOR SECTOR IN EOU COFFEEE FOOD PROCESSING ELIGIBILITY CRITERIA An EOU can be set up by any entrepreneur for manufacturing of goods and also for rendering services.
An EOU can be set up for repair, reconditioning, re-making and re- engineering also.
An EOU unit is required to achieve only positive Net Foreign Exchange Earning (NFE) over a period of 5 years.
Trading activity is not allowed in the EOU Scheme.
EOU can also be set up in the sectors like agriculture , animal husbandry, aquaculture, floriculture, horticulture, viticulture, etc. BASIC REQUIREMENTS FOR SETTING UP AN EOU
Planning your venture Is it on your own With foreign participation and nature of participation (foreign investment allowed 100%)
What product do you intend to manufacture Product/By-product Does it requires clearance from Central/State Government authorities Is it an SSI Unit. If so, registration is required as an SSI.
Technology to be used Indigenous / foreign. Related costs and conditions.
Feasibility report On your own or with help of consultant.
The finances involved Land, structure, buildings etc (Please note, building construction material is not exempted from duty). SALIENT FEATURES No licence required for import ( except restricted items) Exemption from Central Excise Duty in procurement of capital goods, raw materials, consumables, spares, packing material etc from the domestic market. Exemption from Customs duty on import of capital goods, raw-materials, consumables, spares, packing material etc. Reimbursement of Central Sales Tax (CST) paid on domestic purchases (but no local tax). Supplies from Domestic Tariff Area (DTA) to EOU treated as deemed exports. 100% Foreign direct investment permissible. Exchange earners foreign currency (EEFC) Account. Facility to retain 100% foreign exchange proceeds in EEFC account. Facility to realize & repatriate export proceeds within 12 months. CONT. Re-export of imported goods found defective for repair/replacement, testing/ calibration and return. Access to domestic market upto 50% FOB value of export on payment of concessional rate of duty. Job work on behalf of domestic exporters for direct export allowed. Conversion of existing Domestic Tariff Area (DTA) unit into an EOU permitted. New EOUs get Corporate Income Tax concessions till 2009 . Even second hand plant & machinery can be imported. Can Procure duty-free inputs for supply of manufactured goods to advance licence holders. EOUs get upto 5 years for utilization of imported capital goods, and upto 3 years for other items. Copyright 2006 Pearson Addison-Wesley. All rights reserved. 8-90 Export Subsidy An export subsidy can also be specific or ad valorem A specific subsidy is a payment per unit exported. An ad valorem subsidy is a payment as a proportion of the value exported. An export subsidy raises the price of a good in the exporting country, making its consumer surplus decrease (making its consumers worse off) and making its producer surplus increase (making its producers better off). Also, government revenue will decrease. Copyright 2006 Pearson Addison-Wesley. All rights reserved. 8-91 Export Subsidy (cont.) An export subsidy raises the price of a good in the exporting country, while lowering it in foreign countries. In contrast to a tariff, an export subsidy worsens the terms of trade by lowering the price of domestic products in world markets. Copyright 2006 Pearson Addison-Wesley. All rights reserved. 8-92 Export Subsidy (cont.) Copyright 2006 Pearson Addison-Wesley. All rights reserved. 8-93 Export Subsidy (cont.) An export subsidy unambiguously produces a negative effect on national welfare. The triangles b and d represent the efficiency loss. The tariff distorts production and consumption decisions: producers produce too much and consumers consume too little compared to the market outcome. The area b + c + d + f + g represents the cost of government subsidy. In addition, the terms of trade decreases, because the price of exports falls in foreign markets to P * s . Copyright 2006 Pearson Addison-Wesley. All rights reserved. 8-94 Import Quota An import quota is a restriction on the quantity of a good that may be imported. This restriction is usually enforced by issuing licenses to domestic firms that import, or in some cases to foreign governments of exporting countries. A binding import quota will push up the price of the import because the quantity demanded will exceed the quantity supplied by domestic producers and from imports. Meaning Of Dumping Firm charges a lower price for exporting goods than it does for the same goods sold domestically
Price Discrimination: share of exports is usually lesser than the domestic demand
Capture new market
Condition mandatory for dumping to take place: Presence of an imperfect market (firms are price setters) Segmented markets
Antidumping Antidumping duties: nullify the effect of market distortions created due to unfair trade practices (dumping)
Remedial in nature
Levied on the exporting country
Antidumping measures: Antidumping duty Price undertaking Justifications Material injury to domestic producers
Long start up period and high start-up costs
Once these firms are forced out of the market as a result of dumping; difficult to restart
Intention of dumping is to wipe out the domestic industries and eventually acquire monopoly power in the foreign market
Anti-Dumping Law With Reference To WTO And Anti-Dumping Agreement Introduction GATT/WTO (1995) : promote free trade
Barriers to free trade: tariff barrier or non-tariff barrier (Antidumping, countervailing measures)
Article VI of the GATT, 1945
Agreement to give effect to Article VI (1994): provisions strictly followed during anti-dumping investigation
WTO and Anti-Dumping Agreement The Agreement governs the application of antidumping measures by Members of the WTO
The provisions of the Agreement were first negotiated during the Kennedy Round (1967) of GATT negotiations
The Agreement lays the sunset provision
The Agreement applies to trade in goods only
Rules for the conduct of anti-dumping investigations initiation of cases, calculation of dumping margins, application of remedial measures, injury determinations, enforcement, reviews, duration of the measure and dispute settlement.
Dispute settlement: strengthens the ability of national governments to challenge anti-dumping actions by other member nations
Public interest requirement: Gains to the consumers from lower prices more than outweigh the losses suffered by the producers
Anti-Dumping Law in India
Legal Framework Based on Article VI of GATT 1994 Customs Tariff Act, 1975 - Sec 9A, 9B (as amended in 1995) Anti-Dumping Rules [Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injury) Rules,1995] Investigations and Recommendations by Designated Authority, Ministry of Commerce Imposition and Collection by Ministry of Finance
Determination Of Dumping Difference between Normal Value and Export Price: Margin of dumping (% of export price)
Normal Value: comparable price at which the goods under complaint are sold, in the ordinary course of trade, in the domestic market of the exporting country
If the normal value cannot be determined by means of domestic sales, following two alternative methods : Comparable representative export price to an appropriate third country Cost of production in the country of origin with reasonable addition for administrative, selling and general costs and for profits
Export Price: price paid or payable for the goods by the first independent buyer
Like Articles: The article produced in India must either be identical to the dumped goods in all respects or in the absence of such an article, another article that has characteristics closely resembling those goods
Injury To The Domestic Industry The Indian industry must be able to show that dumped imports are causing or are threatening to cause material injury to the Indian domestic industry Injury analysis can broadly be divided in two major areas: The Volume Effect: The Authority examines the volume of the dumped imports, including the extent to which there has been or is likely to be a significant increase in the volume of dumped imports, either in absolute terms or in relation to production or consumption in India The Price Effect: Extent to which the dumped imports are causing price depression or preventing price increases for the goods which otherwise would have occurred Causal Link: A causal link must exist between the material injury being suffered by Indian industry and dumped imports
Who Can File An Application A dumping investigation can be initiated only upon receipt of a written application by or on behalf of the Domestic Industry
In order to constitute a valid application, there must be support of those who account for more than 25% of total domestic production, and more than 50% production by those supporting and those opposing the application
Domestic Industry: Indian producers of like articles as a whole or those producers whose collective output constitutes a major proportion of total Indian production. The following are excluded: Importers Those related to importers or exporters Relief To The Domestic Industry ANTI-DUMPING DUTIES: Non-cooperative exporters are required to pay the residuary duty (highest of the co-operative exporters)
Lesser Duty Rule: Government is obliged to restrict the anti-dumping duty to the lower of the two i.e. dumping margin and the injury margin Injury Margin: Difference between the fair selling price due to the domestic industry and the landed cost of the product under consideration De Minimis Margins: Any exporter, whose margin of dumping is less than 2% of the export price and the volume of the dumped imports are below 3% of the total imports, shall be excluded from duties
PRICE UNDERTAKINGS: Exporter concerned must furnish an undertaking to revise his price
The Application Procedure Made by or on behalf of the concerned domestic industry to the Designated Authority in the Ministry of Commerce
Period of Investigation: Not less than six months
Confidentiality Investigation Process Preliminary Screening: Application scrutinized to ensure that it is adequately documented and provides sufficient evidence for initiation Initiation: Public Notice issued initiating an investigation to determine the existence and effect of the alleged dumping. Diplomatic representative of the Government of the exporting country notified. Access to Information: The Authority provides access to the non-confidential evidence presented to it Preliminary Findings: Made within 150 days of the date of initiation Provisional Duty: A provisional duty not exceeding the margin of dumping may be imposed by the Central Government on the basis of the preliminary finding Oral Evidence: Interested parties can request the Designated Authority for an opportunity to present the relevant information orally Final Determination: Made within 150 days of the date of preliminary determination Disclosure of Information: The Designated Authority will inform all interested parties of the essential facts which form the basis for its decision 19-112 Global Sourcing Considerations Costs Control Expertise Distance Languages Laws and regulations Begin simple Then move to complex
19-113 Global Sourcing The Lure of Global Sourcing Suppliers with improved competitiveness Cost Quality Timeliness Suppliers in less developed countries with low-cost labor Attractive for labor-intensive products with low skill requirements 19-114 Global Sourcing Arrangements Arrangement that provide a firm with foreign products Wholly owned subsidiary Overseas joint venture In-bond plant contractor Overseas independent contractor Independent overseas manufacturer 19-115 Use of Electronic Purchasing for Global Sourcing Growth of electronic procurement exchanges Identify potential suppliers or customers
Facilitate efficient and dynamic interactions among prospective buyers and suppliers
Recognize strategic function of purchasing 19-116 Global Electronic Procurement Electronic Exchange Options Catalog purchases Permits buyers and suppliers to interact through a standard bid/quote system Facilitates obtaining letters of credit, contracting for logistics and distribution, and monitoring daily Benefits Cut costs and invoice and ordering errors Improve productivity and internal purchasing processes Reduce trading cycle time, paper Compare bids
E-procurement exposes business systems to wide range of potential security issues
19-118 Added Costs International freight, insurance and packing Import duties Customhouse brokers fees Transit or pipeline inventory Cost of letter of credit International travel and communication costs Company import specialists Reworking of products out of specification 19-119 Advanced Production Techniques
Systems to improve competitiveness Just-in-time supply chains (JIT) Highly synchronized manufacturing systems Mass customization Six Sigma 19-120 Japans Use of JIT Requirements to operate without inventory Components defect-free Components delivered to each point at specified time Sellers maintain inventory of finished products Process time reduced Manufacturers simplified product lines Suppliers cooperate Designers, managers, purchasing people and marketers work as a team
19-121 Total Quality Management System in which organization is managed so that it excels on all dimensions of product and service that are important to the customer TQM uses Quality Circles Small work groups meet to discuss ways to improve functional areas and product quality
19-122 Problems with JIT in U.S. Failure to realize JIT is a total system, includes TQM Cultural differences in U.S. workers Highly specialized work No company loyalty Failure to train and integrate suppliers JIT restricted to operations that produce same parts repeatedly If one operation stops, entire production line stops Achieving a balanced system difficult: production capacities differ among machines No allowances for contingencies Much trial and error are required to put system into effect 19-123 Advanced Production Techniques Synchronous Manufacturing Manufacturing system with unbalanced operations that emphasizes total system performance Mass Customization Flexible manufacturing system to produce customized products and services Six Sigma Business management process for reducing defects and eliminating variation
2008 by Prentice Hall 14-124 Global Professional in Human Resources (HRCI) Strategic international HR management Organizational effectiveness and employee development Global staffing International assignment management Global compensation International employee relations and regulations 2008 by Prentice Hall 14-125 Global Human Resource Management Global HR managers develop and work through integrated global human resource management system similar to one they experience domestically 2008 by Prentice Hall 14-126 Environment of Global Human Resource Management 1 Human Resource Management Other Functional Areas Operations Marketing Finance L e g a l
C o n s i d e r a t i o n s
E c o n o m y
T e c h n o l o g y
Society S h a r e h o l d e r s
Unions Customers Competition Labor Market Safety and Health INTERNAL ENVIRONMENT
EXTERNAL ENVIRONMENT UNITED STATES
GLOBAL ENVIRONMENT U n a n t i c i p a t e d
E v e n t s
2008 by Prentice Hall 14-127 Global Staffing Types of Global Staff Members Approaches to Global Staffing 2008 by Prentice Hall 14-128 Types of Global Staff Members Expatriate - Employee working in firm who not citizen of country in which firm is located but citizen of country where organization is headquartered Host-country national - Employees nationality same as location of subsidiary Third-country national - Citizen of one country, working in second country, and employed by organization headquartered in third country 2008 by Prentice Hall 14-129 Approaches to Global Staffing Ethnocentric staffing - Companies primarily hire expatriates to staff higher-level foreign positions Polycentric staffing - When more host-country nationals are used throughout the organization, from top to bottom 2008 by Prentice Hall 14-130 Approaches to Global Staffing (Cont.) Regiocentric staffing - Regional groups of subsidiaries reflecting organizations strategy and structure work as a unit Geocentric staffing - Uses worldwide integrated business strategy 2008 by Prentice Hall 14-131 Expatriate Selection Stages Self-selection - Employees determine if they are right for a global assignment (family also) Creating a candidate pool Technical skills assessment Making a mutual decision 2008 by Prentice Hall 14-132 Background Investigation Conducting background investigations is equally, or more, important Differences across cultures and countries often put up barriers to overcome Each country has own laws, customs and procedures for background screenings 2008 by Prentice Hall 14-133 Global Human Resource Development Expatriate Training & Development Continual Development: Online Assistance and Training Repatriation Orientation and Training 2008 by Prentice Hall 14-134 Expatriate Preparation and Development Program Expatriate Preparation and Development Prior to Departure: Orientation and Training
During Assignment: Continual Development Near Completion: Repatriation Orientation Training Language Culture History Local Customs Living Conditions Expanding Skills Career Planning Home-Country Development U.S. Lifestyle U.S. Workplace U.S. Employees 2008 by Prentice Hall 14-135 Trends & Innovations: Global E-learning Globalization has created special need for e- learning Challenges for global e-learning implementation are language and localization issues Companies that want to offer courses in several languages usually turn to translators 2008 by Prentice Hall 14-136 Compensation for Host-Country Nationals Organizations should think globally but act locally Compensation - Normally, it is slightly above prevailing wage rates in the area Variations in laws, living costs, tax policies, and other factors all must be considered
2008 by Prentice Hall 14-137 Compensation for Host-Country Nationals (Cont.) Factors to consider: minimum wage requirements, which often differ from country to country and even from city to city within a country; working time information such as annual holidays, vacation time and pay, paid personal days, standard weekly working hours, probation periods, and overtime restrictions and payments; and hiring and termination rules and regulations covering severance practices 2008 by Prentice Hall 14-138 Compensation for Host-Country Nationals (Cont.) Culture often plays a part in determining compensation North American compensation practices encourage individualism and high performance Continental European programs typically emphasize social responsibility Traditional Japanese approach considers age and company service as primary determinants of compensation 2008 by Prentice Hall 14-139 Expatriate Compensation Cost 3 - 5 times an assignees host-country salary per year and more if currency exchange rates become unfavorable Largest expatriate costs include overall remuneration, housing, cost-of-living allowances and physical relocation U.S. citizens living overseas can exclude up to $80,000 of income earned abroad 2008 by Prentice Hall 14-140 Expatriate Compensation (Cont.) Countrys culture can affect compensation People in U.S. derive great status from high pay Nations in large parts of Europe and Asia shun conspicuous wealth In Italy, teamwork is more valued than individual initiative 2008 by Prentice Hall 14-141 Global Safety and Health Important because employees who work in safe environment and enjoy good health more likely to be productive and yield long-term benefits to organization U.S.-based global operations are often safer and healthier than host-country operations, but not as safe as similar operations in U.S. 2008 by Prentice Hall 14-142 Global Employees and Labor Relations Unionism maintains much of its strength abroad Foreign unions less adversarial with management 2008 by Prentice Hall 14-143 Global Employees and Labor Relations in European Countries Codetermination, which requires firms to have union or worker representatives on their boards of directors, is very common Laws make it hard to fire workers, so companies are reluctant to hire Generous and lengthy unemployment benefits discourage the jobless from seeking new work 2008 by Prentice Hall 14-144 Global Employees and Labor Relations in South American Countries In countries such as Chile, collective bargaining for textile workers, miners, and carpenters is prohibited Unions are generally allowed only in companies of 25 workers or more. Practice has encouraged businesses to split into small companies to avoid collective bargaining 2008 by Prentice Hall 14-145 North American Free Trade Agreement (NAFTA) Between Canada, Mexico, and United States Facilitated movement of goods across boundaries within North America Free-trade zone of over 400 million people Combined gross domestic profit of about $12 trillion 2008 by Prentice Hall 14-146 Central American Free Trade Agreement Ratified by Americas Congress after long political battle, and signed into law in 2005 Could provide huge economic boost for region 2008 by Prentice Hall 14-147 Political and Legal Factors Nature and stability of political and legal systems vary throughout globe 2008 by Prentice Hall 14-148 Tariffs and Quotas Tariffs - Taxes collected on goods shipped across national boundaries Quotas - Limit number or value of goods imported across national boundaries 2008 by Prentice Hall 14-149 Global Bribery Foreign Corrupt Practices Act Law has teeth Not having ability to use bribery as tool of doing business has been costly for American companies 2008 by Prentice Hall 14-150 Global Equal Employment Opportunity Women constitute more than 20% of total expatriate workforce percent of U.S. expatriate managerial workforce Some cultures today will not accept woman as a boss Sexual harassment is global problem Sexual harassment laws differ from country to country 2008 by Prentice Hall 14-151 Virtual Teams in Global Environment Necessity of everyday working life Enable companies to accomplish things more quickly and efficiently
2008 by Prentice Hall 14-152 Difficulties that Virtual Teams Confront Do not feel as connected or committed to team Communication problems directly proportional to number of time zones separating them Language problems Determination of trading partners INDEPENDENCE INTERDEPENDENCE AND DEPENDENCE Determination of trading partners Trading partners :- One of the two or more participants in an ongoing business relationship Or country or company that another company or country does business with regularly.
There are number of theories that explain why do countries trade with each other .Out of those theories we can make out that :- Greater the dissimilarity among countries, the greater the potential for trade. For example, great differences in climatic conditions would lead to greatly differentiated agricultural products. Countries that differed in labor or capital intensities would differ in the types of products they could produce efficiently. And national differences in innovative abilities would affect how production of a product would move from one country to another during the products life cycle
Independence, Interdependence and Dependence The concepts of independence, interdependence, and dependence help to ex- plain world trade patterns and countries trade policies. They form a continuum, with independence at one extreme, dependence on the other, interdependence somewhere in the middle. There are no countries located at either extreme of this continuum; some tend to be closer to one extreme than the other. Degree of Dependence Independencecomplete economic independence Country has no reliance on other countries for goods, services, or technologies. Hinders countrys ability to borrow and adapt existing technologies Interdependence trade based on mutual need Neither trading partner is likely to cut off supplies or markets for fear of retaliation Governments may be pressured to sustain trade Dependencedeveloping countries rely heavily on: The sale of one commodity for export earnings 25 % of emerging countries sell one commodity One country as supplier or customer Industrialized countries Independence In a situation of independence, a country would have no reliance on others for any g00ds, services, or technologies. Since all countries engage in trade, however, no country has complete economic independence from other countries, and all thus have at least some access to goods and services produced in a foreign country. In most countries, governmental policy has focused on achieving the advantages of independence without paying too high a price in terms of consumer deprivation. China and India, for example, have pursued economic independence much more vigorously than have Brazil and Mexico, with different results in different periods. Independence large countries typically depend much less on foreign trade than do small countries, but even in large countries consumers could suffer through policies designed to promote more independence. The degree of suffering would, of course, depend on the type of product. The elimination of coffee or tea imports into the United States would probably involve less of a hardship than the cessation of foreign purchases of certain essential metals, such as manganese, cobalt, and chromium. In between are products that could be produced domestically, but at a much higher price. No country today seeks complete independence, but most try to forge their trade patterns so that they are minimally vulnerable to foreign control of supply and demand.. Dependence
In recent years, many developing countries have decried their dependence, realizing that they are too dependent on the sale of one primary commodity and/or too dependent on one country as a customer and supplier. Because LDC economies are small, they tend to be much more dependent on a given industrial country than the industrial country is dependent on them Mexico, for example, depends on the United States for over 60 percent of its imports and exports, whereas the United States depends on Mexico for less than 5 percent of its imports and exports. Mexico can thus be much more adversely affected by U.S. policies than the United States can be affected by Mexican policies. Interdependence One way of limiting ones vulnerability to foreign changes is through interdependence, or the development of trade relationships on the basis of mutual need. France and Germany, for example, have highly interdependent economies . Each depends about equally on the other as a trading partner, and thus neither is likely to cut off supplies or markets because the other could retaliate effectively. Trade Relations of India
Until the liberalization of 1991, India was largely and intentionally isolated from the world markets, to protect its economy and to achieve self-reliance. Foreign trade was subject to import tariffs, export taxes and quantitative restrictions, while foreign direct investment (FDI) was restricted by upper-limit equity participation, restrictions on technology transfer, export obligations and government approvals; these approvals were needed for nearly 60% of new FDI in the industrial sector. A large percentage of the capital flows consisted of foreign aid, commercial borrowing and deposits of non-resident Indians. Trade Relations of India
India's exports were stagnant for the first 15 years after independence, due to general neglect of trade policy by the government of that period. Imports in the same period, due to industrialization being nascent, consisted predominantly of machinery, raw materials and consumer goods. Since liberalization, the value of India's international trade has increased sharply, with the contribution of total trade in goods and services to the GDP rising from 16% in 1990 91 to 47% in 200810. [ India accounts for 1.44% of exports and 2.12% of imports for merchandise trade and 3.34% of exports and 3.31% of imports for commercial services trade worldwide.
Trade Relations of India
India's major trading partners are the European Union, China, the United States of America and the United Arab Emirates. Major export commodities included engineering goods, petroleum products, chemicals and pharmaceuticals, gems and jwellery, textiles and garments, agricultural products, iron ore and other minerals. Major import commodities included crude oil and related products, machinery, electronic goods, gold and silver Indias Export India's exports during November, 2011 were valued at US$ 22.32 billion which was 3.87 per cent higher in Dollar terms than the level of US$ 21.49 billion during November, 2010. Cumulative value of exports for the period April-November 2011 -12 was US$ 192.69 billion as against US$ 144.66 billion registering a growth of 33.21 per cent in Dollar terms over the same period last year.
Country-wise exports Country-wise exports during 2011-12 (April-June) indicate that:- UAE continued to remain the largest importer of Indian goods with a share of 11.6 per cent followed by the US (10.4 per cent), Singapore (8.0 per cent), China (5.1 per cent) and Indonesia (3.0 per cent). These five countries together accounted for around 38 per cent of Indias total exports during April-June 2011. In spite of uncertainties prevailing in Europe, Indias exports to Germany, U.K., Netherlands, Italy and Belgium grew significantly during April-June 2011. Among major export destinations, US, Japan, China and Hong Kong were the economies where Indias exports showed lower growth during April-June 2011.
commodity-wise exports As per the commodity-wise exports data released by Directorate General of Commercial Intelligence and Statistics (DGCI&S) during 2011-12 (April- June) manufactured goods continued to maintain the largest share with 66 per cent, followed by petroleum products (18.4 per cent) and primary products (13.2 per cent). The rise in the share of manufactured goods essentially emanated from improvement in the share of engineering goods. Reflecting the robust demand in the new markets like Latin America and Africa, exports of engineering goods during April-June 2011 were more than double the level recorded during the corresponding period of previous year. Within engineering, exports of all major categories, viz., transport equipment, machinery and instruments, manufactures of metals, iron & steel and electronic goods have recorded higher growth commodity-wise exports Within manufacturing, other commodities groups, viz., leather & manufactures, chemicals & related products and textiles & textile products witnessed higher growth during April-June 2011 as against the corresponding period of 2010-11. However, petroleum products and ores and minerals were the sectors which recorded decelerated growth during April-June 2011. Lower growth in commodities, viz., ores & minerals possibly reflects reduced demand for basic inputs due to concerns with regard to global slowdown.
commodity-wise exports Furthermore, the impact of quantitative restrictions imposed on exports of raw cotton was evident in negative growth recorded during April-June 2011. However, the export of raw cotton has now been placed on open general licensing by the government since July 31, 2011. During 2011-12 (April-June), the share of developing countries and Organization of the Petroleum Exporting Countries (OPEC) countries in Indias exports improved as compared to April-June 2010. It reflects the impact of governments policy focus on diversification of Indian exports to other markets, especially those located in Latin America, Africa, parts of Asia and Oceania.
Indias Imports
India's imports during November, 2011 were valued at US$ 35.92 billion representing a growth of 24.55 per cent in Dollar terms over the level of imports valued at US$ 28.84 billion in November, 2010. Cumulative value of imports for the period April-November, 2011- 12 was US$ 309.53 billion as against US$ 237.66 billion registering a growth of 30.24 per cent in Dollar terms over the same period last year Indias Imports
Oil imports during November, 2011 were valued at US$ 10307.1 million which was 32.28 per cent higher than oil imports valued at US$ 7792.1 million in the corresponding period last year. Oil imports during April-November, 2011- 12 were valued at US$ 94116.5 million which was 42.67 per cent higher than the oil imports of US$ 65967.8 million in the corresponding period last year. Non-oil imports during November, 2011 were estimated at US$ 25615.3 million which was 21.69 per cent higher than non-oil imports of US$ 21050.2 million in November, 2010. Non-oil imports during April - November, 2011-12 were valued at US$ 215413.9 million which was 25.46 per cent higher than the level of such imports valued at US$ 171696.3 million in April - November, 2010-11.
Country-wise imports During 2011-12 (April-June), share of developing countries in total imports of India was marginally lower than the corresponding period of 2010-11. On the other hand, the share of OECD and OPEC group of countries rose to 30.8 per cent and 35.0 per cent, respectively. Country-wise, China continued to be the largest source of imports with a share of 11.5 per cent in total imports, followed by the Switzerland, UAE, Saudi Arabia and Iraq. These five countries together constituted around 38.6 per cent of Indias imports. During April-June 2011, there was a distinct shift in source countries for imports. Switzerland became the second largest source country for imports replacing UAE while Iraq emerged as fifth largest source of import replacing Australia. In absolute terms, imports from Switzerland grew to more than double while that from Iraq recorded an increase of 271.6 per cent during the period. Import of items from Switzerland which recorded significant increase during the period include non-ferrous metals, machinery (except electrical & electronics) and electronic goods, etc.
commodity-wise imports As per the latest available data on commodity-wise imports released by Directorate General of Commercial Intelligence and Statistics (DGCI&S) for 2011-12 (April-June), petroleum and petroleum products continued to be the major item of Indias imports during April-June 2011, followed by capital goods and gold & silver. Import of gold & silver, in absolute terms, was more than double of that recorded during the corresponding period . The quantum of Petroleum, Oil, and Lubricants (POL) imports recorded a moderate growth of 4.6 per cent during April-June 2011 as against 7.2 per cent during the corresponding period of the preceding year 2010-11.
commodity-wise imports Non-oil imports during 2011-12 (April-June) at US$ 79.4 billion witnessed a growth of 23.7 per cent as against 40.3 per cent during the corresponding period of previous year. Deceleration in non-oil imports was mainly on account of decline in imports of export related items and certain bulk items, viz., fertilizers, manufactured items and iron & steel. Import growth in most of export-related items (viz., pearls, precious and semi-precious stones, chemicals, textile yarn and fabric) was either negative or lower possibly reflecting incipient signs of export moderation in these sectors in forthcoming months. Import of certain categories of capital goods either declined or showed decelerated growth raising concerns regarding domestic investment scenario.