Study On Chinese Enterprises' Responding Measures To EU Anti-Dumping Proceedings

EU is an important trade partner of China, According to China's statistics, the EU became China's 1st biggest trading partner (surpassing the level of the US and Japan). According to EU statistics, From 1978 to 2004, the Sino-EU trade volume increased over 30-fold, reaching around 135 billion euros. With the expansion of EU, Sino-Euro trade volume will continue to increase. However, China has become a country suffering the most anti-dumping cases from EU in world trade. By the end of September 2004, EU anti-dumping against China has amounted to 107 cases.After Chinese entry into WTO, China will constantly increase its export-volume, especially to EU. It will cause more EU anti-dumping not only because EU policy of trade protectionism but also EU special anti-dumping regime against China, that is China has been labeled a "non-market economy" by EU. This regime was introduced in April 1998 by the European Council with Council Regulation (EC) No 905/98 and gives individual Chinese enterprises the opportunity to claim, on a case-by-case basis, that they operate in market economy conditions in accordance with five specific criteria set by the Commission. In fact, this special regime of EU is still violating the current conditions of China and to the detriment of Chinese enterprises. In an anti-dumping action against Chinese lighters, the European Federation of Lighter Manufacturers that launched the action withdrew its charges shortly after EU officials verified the domestic cost of Chinese lighter-makers. As global economy stagnates, anti-dumping actions are often launched at the request of local companies seeking to reduce pressure from low-priced Chinese imports. The EU local companies will also launched more anti-dumping cases against China. In addition, China agreed to be treated as a non-market economy in dumping cases for another 15 years to gain entry into the WTO. The concession did gave EU a handle to invoke the analogue measure.So it is very important and urgent to study EU anti-dumping law. especially the issue of Non-Market Economy in EU anti-dumping against China and Chinese enterprises" responding measures.The paper starts from the brief overview of EU anti-dumping law and some relevant regulations, and then uses a lot inks to talk about the issue of Non-Market Economy in EU anti-dumping against China and Chinese enterprises' responding measures (for example. Chinese enterprises firstly endeavor for ME status and then the real individual treatment, and then enterprises endeavor for semi-individual treatment when failing to get FMES, and even study Analogue country rules and suggestions when failing to get semi-individual treatment). The last two parts of the paper are to draw a conclusion and give some other concrete responding measures in the way of case study.