On The EU Antidumping Act

If a company exports a product at a price lower than the price it normally charges on its own home market, and dumped imports from the third countries are causing the importing countries material industry injury, it is said to be "dumping" the product. In such a case, in order to eliminate or alleviate the injury and the threats of the injury, the importing countries may take measures, which we call it "anti-dumping" measures.This paper has analyzed the procedure and substantial characteristics of the European Union rules which deal with dumping. After pointing out the discriminatory features and the illegitimacy of EU rules, the author has advanced the strategies and measures of self-protection. There are four sections in this paper.In Section One, the author has reviewed the state of EU rules dealing the dumping and its procedure and substantial characteristics. A finding of dumping, a material injury to the Union industry and a causal link between the dumped imports and the injury are the conditions which meet the imposition of anti-dumping duties. And the monorail operational mechanism, strict and private legal action, a flexible investigation are the procedure characteristics. The European Commission is responsible for investigating complaints and assessing whether they are justified. The Commission can also impose provisional measures, and definitive measures for coal and steel products. So the right of discretion takes predominance roles in this case. In all other cases, it is the Council of Ministers which imposes definitive anti-dumping duties.In Section Two, the author has analyzed the anti-dumping measures of European Union towards China and its features. Recently, the EU presented new antidumping characteristics in legislation, government functions, treatments of?"non-market economy" countries and the targeted industries. The imposition of soak up tax, the strict criteria upon China and the applied uniform anti-dumping tax, all above show the discriminatory featurs and the illegitimacy of EU rules dealing with China trade.Part Three expounds the causes and motivations of EU antidumping practice from these aspects. The foreign factors mainly include: antidumping is the most secretive and effective means of the EU to repel foreign competition and protect domestic industries; secondly, the economic factors give rise to antidumping mood, and the trade deficits are their easiest excuses to put pressure on other countries and practice antidumping; thirdly, the domestic political needs lead to their frequent uses of antidumping in order to protect their sun-setting industries which can provide large numbers of jobs.The domestic factors mainly include: the economic system of our country in essence is not typically the market economy system; a reasonable price system has yet to be established; the negative effect of the fiscal system on dumping in a low price by local export enterprises; incompleteness of the reform of the foreign trade system of our country.?Concerning the action against China's anti-dumping by the EU, Section Four points out that our counter policies should be implemented through the union of government, commercial clubs, corporations and legislation institution. For example, it is of great necessity to enhance the knowledge of anti-dumping and reinforce the role of some related departments of the government in handling the lawsuit of anti-dumping. And we should further the reform of the economic system; enhance the regulatory function of the export and import trade union; organize the lawyer group of high quality in dealing with the lawsuit of anti-dumping and enhance the systematic study of the anti-dumping cases. The legislation on anti-dumping of our country starts late with ambiguous content and characterizes with worse maneuverability, so needs to be amended. Dumping has an exactly opposite effect which could be seen by levying a high anti-dumping duty which not only harms exporting goods to earn foreign currency, but also impacts the domestic and intern...