Research Output per year
This paper presents a legal-economic analysis of key aspects of the WTO Panel Report involving a challenge by Indonesia against the anti-dumping and countervailing duties imposed by the US on certain coated paper from Indonesia. We focus on the findings in this case relevant to the determination of a ‘benefit’ to the recipient, a core requirement to establish the existence and extent of a subsidy. We examine benchmarking for determining benefit in cases of predominant government ownership of a natural resource and the use of ‘adverse facts available’ against a non-cooperative respondent to infer the existence of a benefit. The benefit analysis in this case may have broader implications. First, it may limit the scope for governments to determine their own policies regarding the ownership and management of natural resources. Second, it may create a loophole allowing investigating authorities to fill gaps in the factual record by intentionally using the ‘facts available’ to the disadvantage of a respondent. In both cases the panel’s findings may open the door to potential misuse of these flexibilities to find a benefit where none exists, or to inflate the margin of benefit to allow for higher countervailing duties.
|Place of Publication||Florence|
|Publisher||European University Institute|
|Number of pages||18|
|Publication status||Published - Nov 2019|
|Series||Robert Schuman Centre for Advanced Studies Global Governance Programme|
- WTO law
- Countervailing duties
- adverse inferences
Subsidy determination, benchmarks, and adverse inferences: Assessing ‘benefit' in US–coated paper (Indonesia)Prévost, D. & Beaulieu, E., 13 Apr 2020, In : World Trade Review. 19, 2, p. 216-231 16 p.
Research output: Contribution to journal › Article › Academic › peer-review
Prévost, D., & Beaulieu, E. (2019). Subsidy Determination, Benchmarks and Adverse Inferences: Assessing ‘benefit' in US – Coated Paper (Indonesia). European University Institute. Robert Schuman Centre for Advanced Studies Global Governance Programme, No. 2019/76 http://hdl.handle.net/1814/64864