How to Dump (Legally and Illegally)
Dumping is a widespread practice. Exporters and their importers insist on its
use, when necessary,' and will find ways to conceal the practice. One can 'team
from the Mitsui case. Mitsui was responsible for generating the largest dumping
case and pleaded guilty to all twenty-one counts involving kickbacks and the
falsifying of documents to customs officials in order to sell steel below trigger
prices. Mitsui attempted to conceal its dumping activities through several means.
It hid the origin of the Japanese steel products by disguising them as U.S. made
(e.g., wire rope imported to Houston). It submitted false documents to conceal
the true merchandise value and backdated invoices to avoid trigger prices.
Furthermore, it gave its U.S. customers a rebate equal to, the difference between
the nominal exchange rate and the actual exchange rate, and the calculations
were made after product entry. These illegal rebates totaled, $1.3 million
between 1978 and 1981. Another deceptive method involved the use of damage
claims. Mitsui honored false claims that goods were damaged during shipment
and granted credits of $22,676 for damaged Korean wire nails without
investigating or reporting these losses to its insurance company. In spite of these
ingenious methods, Mitsui was exposed and paid heavy fines for dumping and
fraud.
Sears was similarly indicted for conspiring with Sanyo and Toshiba to file false
customs invoices involving the-importation of Japanese TV sets between 1968
and 1975. To avoid customs penalties on low-priced Japanese sets whose prices
were below Japanese market prices, Sears certified the purchase prices to be
higher than what was actually paid. For two of those seven years, Sears
overstated Toshiba's price by $1.66 million and Sanyo's prices by $7 million.
To prevent Japanese firms from dumping their EPROM chips in the U.S.
market, the United States and Japan have established "fair market values" or
minimum prices for these chips. But American chip makers asserted that the
Japanese violated the trade agreement by dumping chips in Hong Kong, Taiwan,
and Singapore and by selling chips to Korean users at fair market value but with
rebate. The problem was that these chips could find their way to the U.S. market
or that U.S. semiconductor customers might move their manufacturing
operations to these other markets to take advantage of lower chip prices.
Without doubt, dumping is a risky practice that can cause a great deal of
embarrassment, in addition to the payment of large financial penalties. Thus, a
preferable strategy is to use other means to legally overcome dumping laws. One
method that can help avoid charges of dumping is to differentiate the exported
item from the item being sold in the home market. By deliberately making the
home product and its overseas version not comparable, there is no home-market
price that can be used as a basis for price comparison. This may be one reason
why Japanese automakers market their automobiles under new or different
names in the United States. Another method used to circumvent dumping laws is
to provide financing terms that can have the same effect as a price reduction.
The dumping problem can also be overcome if the production of a product,
rather than its importation is carried out in the host country. This option has
become necessary for Japanese manufacturers, who have no desire to lower
prices in Japan because they do not have to contend with foreign competitors.
The high prices at home, however, work to the disadvantage of Japanese
manufacturers because it is easy to prove that they are engaged in dumping in
the U.S. market.
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