Anti-dumping Mechanism Of China's Export Products

By the end of October, 2001,about 30 countries and regions hadlaunched 461 cases of antidumping investigation against our exportproducts involving more than 4000 types of commodities, which checkedour export trade amounting as high as 16 billion USD and caused China tobe prime victim of global antidumping. With china's entry into WTO,foreign antidumping investigation is becoming the main barrier to ourexport trade and brings a large amount of negative effect on the economydevelopment. Most of scholars ascribed the failure to the unfamiliaritywith the international rules, based on this presumption, they tried their bestto put forward different suggestions, while which did not work as well asthey expected as it is proved in practice. Anyhow, some defects in theanalyzing methods get exposed. Aware of it, the author pays moreattention to how to help the domestic companies respond to theinvestigation quickly and effectively with the aim to win the lawsuit The thesis consists of five chapters. The author resorts to the meansof experimental analysis, standardized analysis and comparative analysis.In chapter one the author introduces the definition of Dumping andAntidumping (AD) briefly and analyses the justification of AD from whichfinds out that to some extent AD is becoming the legal weapon of tradeprotectionism in most countries, especially some developed countries usedit frequently to reduce or even eliminate the competition from thedeveloping countries. Therefore, the whole thesis is premised on the abuseof AD rather than WTO or some domestic antidumping regulations. Theauthor then puts forward the first question: As the largest developingcountry, how much does china suffer from foreign AD investigations andhow to respond to it effectively ? In chapter two, the author tries to find the negative influences on theeconomy of China caused by foreign Antidumping investigation from thefollowing different angles: first, foreign Antidumping is becoming themain barrier to China 's export trade; secondly, it disorders the domesticmarket; thirdly, it worsens China's foreign investing surroundings; fourthly,it prohibits China's economic structure from being updated. With the helpof many cases and statistics, it gets proved that the ineffective response tothe suit is the main reason for the increasingly losses of domesticcompanies in the cases of antidumping investigation. Therefore, effectiveresponse should be the most needed response to foreign AD investigation.that the domestic companies should hold. But how can Chinese companiesrealize the aim of effective response in practice? The second question israised. Trying to find the answer to the former question ,the author discusseslegal response mechanism in chapter three .To begin with ,the authorintroduces some basic knowledge about response system ,then defines it asthe division of task and cooperation in the process of response to foreignAD investigation among the involved companies ,trade association and thegovernment ,in detail, who and how to collect information ,ring thealarming bell, organize and negotiate and bear the costs, and so on . Bylooking back to the history, the author presents the history of how thesystem developed from passive to positive response based on the relativeregulations. Through analyzing the present mechanism in two aspects: thestructure of response body and the practical measures according to thepresent regulation issued by former Foreign Economy and TradeDepartment in 2001, an conclusion is reached that the present mechanismis essentially a temporary league, in which the government plays the mainrole, the involved companies are the legal subjects while export tradeassociation and the foreign invest union work between them. Furthermore,the author indicates there are a lot of problems in practice by means ofexperimental analysis. Confronted with so many problems, rather than give the answerdirectly, the author casts the eyes to the foreign countries and regions,which also suffered the same enormous shock as China in economy fromforeign A...