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Dumping y Antidumping

Abeledo Gottheil is a pioneer in dumping and in the review of antidumping duties. Our experience comprises investigations for alleged unfair practices, through antidumping proceedings, safeguards and subsidies as well as their respective reviews and determinations of origin developed under the Argentine legislation, fundamentally similar to the GATT and WTO Agreements.

The Firm’s experience includes advice and representation both, of local and foreign manufacturers, as well as foreign businesses, auditors and economic consultants. As regards this activity, Abeledo Gottheil has cooperated with and assisted important Firms in the United States, Canada, México, Brazil, Chile, Uruguay, the European Union and The People’s Republic of China.

Our practice in antidumping issues has been acknowledged by Latin Lawyer 250.

Relevant experience:

  • Advice and participation in an important investigation, for the defense of the common interest of manufacturers of paper and cellulose in Brazil, gathered in the Manufacturers of Cellulose and Paper Trade Association (Cámara Productora de Celulosa y Papel), originated in a report by Argentine manufacturers of coated construction paper containers, for beverages in general;

  • Advice and representation of one of the main industrial groups of South Korea in two (2) important processes for alleged dumping: one of them comprising exports towards our country of TV sets and equipments for cars; the other one related to exports of microwave ovens. In both cases, the verified dumping margin proved to be minimal and not subject to penalties;

  • Advice and representation of one of the main Brazilian manufacturers of aluminum cored cables, for electric transmissions, obtaining our client’s exclusion from the imposition of antidumping penalties adopted by the Argentine Republic against the other Brazilian manufacturers.

  • Advice and representation of one of the main Brazilian manufacturers of paper and cellulose, in an investigation on the importation of bags to pack cement, coming from Brazil and South Africa. Just like in the previous case our represented party was excluded from the penalties imposed upon the remaining manufacturers/exporters.

  • Advice and representation of the main Brazilian manufacturers of household appliances in an investigation for alleged dumping filed against the importation of washing machines coming from Brazil, obtaining in favor of our client the exclusion from the imposition of antidumping duties by the Argentine authorities.

  • Advice and representation of Electrolux do Amazonia S.R.L. in an investigation for alleged dumping in air conditioning equipments exports towards Argentina, coming from Brazil and The People’s Republic of China, achieving in favor of our client its exclusion from the investigation.

  • Advice and representation of the Chinese companies Hisense Air Conditioner Ltd and Hisense Import & Export Co. Ltd.-, within the framework of the preceding investigation, comprising the exportation of air conditioning equipments. At the end of the investigation, in spite of the fact that the Argentine authorities decided to adopt antidumping measures against the generality of Chinese exports, they expressly excluded our represented party from said measures, which was not punished. In the history of antidumping proceedings in the Argentine Republic, this was the first case in which a Chinese company was exempted from the imposition of antidumping duties, after completing an investigation of such a nature.

  • In 2003, our Firm gave active advice to the Embassy of The People’s Republic of China and its Commercial-Economic Office in one of the most high-profile cases investigated in our country: the Chinese glyphosate exports, against which antidumping actions had been filed worldwide. At such time, we represented the interest of the Chinese manufacturers/exporters, formally empowered by the company ZHENJIANG JIAGNAN CHEMICAL FACTORY. At the end of the process, Chinese glyphosate exports were exempted from the imposition of antidumping measures (since not enough dumping margins were detected according to our legislation). As regards the remaining processes filed worldwide against Chinese glyphosate, in all said cases antidumping measures were adopted against said product, except for New Zealand.

  • Advice and representation of the main local importers of pre-graduated eyeglasses, frames and sunglasses, coming from The People’s Republic of China, in two (2) occasions.

  • Advice and representation of one of the main industrial groups of Swedish-Swiss capital in different processes filed against exports towards our country of three phase-liquid dielectric transformers coming from the Federal Republic of Brazil.

  • Advice and representation of ABB S.A., in its capacity as local importer, in a process for alleged dumping filed against the exportation of “disconnecting switches ranging from 17,5 KV to 245 KV and with a rated current lower than or equal to 4.000 A, coming from Italy”. Before the end of the process, the Italian disconnecting switches imported by our represented party were excluded from the investigation.

  • Advice and representation of one of the main Japanese industrial groups in a “safeguards” process filed by the Argentine authorities against the exportations of motorcycles coming from Japan.

  • Advice and representation of foreign manufacturers and Argentine importers regarding the legal requirements to be adopted to prevent “safeguard” measures, through price agreements with local manufacturers, approved by the Argentine authorities.

  • We took part also in countless processes for the review of antidumping measures in force, either for expiration of the term or change of circumstances, as well as in proceedings for the determination of origin, that ended with the exemption from antidumping measures.

 

Av. Eduardo Madero 1020, piso 5 | C1106ACX - Buenos Aires - Argentina | (5411) 4516-1500 | estudio@abeledogottheil.com.ar
Abeledo Gottheil Abogados