1887

n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The subsidies, tax and the calculation of the margin of subsidisation : analyses

Volume 24, Issue 2
  • ISSN : 1015-0099
USD

 

Abstract

Countervailing investigations are aimed at determining whether subsidised imports cause material injury to a domestic industry producing the like product to the imported product (art VI.6() of the General Agreement on Tariffs and Trade (GATT) 1994; art 19.1 of the World Trade Organisation (WTO) Agreement on Subsidies and Countervailing Measures (Subsidies Agreement)). The WTO GATT 1994 contains some rules regarding countervailing investigations (art VI), but most of the rules are contained in the Subsidies Agreement. If it is found that subsidised imports cause material injury to the domestic industry, the importing country may impose countervailing duties to offset the effect of the subsidisation (art VI.6() of GATT 1994; art 19.1 of the Subsidies Agreement). South Africa, as a WTO Member and therefore signatory to the Subsidies Agreement, is required to conduct countervailing investigations in line with the Subsidies Agreement (art II.2 of the WTO Agreement; (22264/2007) [2007] ZAGPHC 112 (20 June 2007), available at ). The Subsidies Agreement specifically requires Members to indicate in their legislation how the margin of subsidisation will be determined (art 14).

Loading full text...

Full text loading...

Loading

Article metrics loading...

/content/ju_samlj/24/2/EJC130341
2012-01-01
2016-12-11

This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error