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Study On Auti-Dumping Law EU And U.S. Through Typical Cases

Posted on:2012-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y K YaoFull Text:PDF
GTID:2166330332997655Subject:International Law
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In the economic globalization today, dumping more and more countries have been seriously, especially in the years to do something about dumping more and more cases have been。After China joins the World Trade Organization, to deal with international economic environment to become the dumping issue is particularly important. The large number of countries in the world, the EU and the U.S. anti-dumping investigations launched by China than any other country Of the following two cases by the European Union and the United States anti-dumping law in real terms, and given to the development of more anti-dumping Inspiration。V. EC by Indian anti-dumping disputes cotton bed linen case, see the substance of the EU anti-dumping legislation, according to EU anti-dumping agency settings, and procedures embodied in the case of the setting, the EU has always been to protect the interests of the Community industry first place, once the EU believes that the foreign producers of the country's industry has constituted dumping, the EU will take immediate emergency measures will not make this situation hindered the development of the EU industry.So in the case investigation, the EU national interests of the complaining party is more to be valued, and in the case of proceedings, most cases have failed to comply with the EU in the WTO, "Anti-Dumping Agreement" content, in addition to going through the process of dumping investigation determine dumping, injury and dumping and injury to determine the causal relationship between the number of such factors, and community interests on the European Union, but also where they are most valued. Basically the same as important as these three factors. U.S. anti-dumping system has many similarities with the European Union, are under the WTO "Anti-Dumping Agreement," developed under the framework, but more attention is the U.S. trade protectionism. The best embodies the U.S. trade protectionism is a classic example of the famous American Act "Byrd Amendment", in the case and the final production was abolished, all reflect the U.S. government to protect their own industry to make efforts to As passed the bill to their own industries to give the "double protection", and foreign industry did a "double whammy."Dumping of such acts in the world economy has been distorted a fair competition between domestic products and export products import a relationship between the ecological balance, and the U.S. "Byrd Amendment" was released, making sure the relationship between this distortion is more distorted, a fundamental violation of the anti-dumping measures have been set by the nature and substance, in violation of anti-dumping laws this trade remedy measures, may also once again put up a new tariff barriers, to block free trade, and the introduction of the bill fully reflects the U.S. violation of WTO under the "Anti-Dumping Agreement" and protect their own industries of trade protectionism, the most fundamental expression.Dumping law in the United States, from the "Byrd Amendment" to see that the U.S. dumping law under the WTO system, in addition to comply with the "Anti-Dumping Agreement," the basic framework, the "Anti-Dumping Agreement," the violation is obvious, "Anti-Dumping Agreement "anti-dumping measures provided for only three, namely, provisional measures, price undertakings and the final anti-dumping duties, the United States in the" Byrd Amendment", he also added another, that is for" specific acts of anti-dumping measures ", and the interpretation of specific measures and very vague, in a later case, due to the strong condemnation of eleven States and the Dispute Settlement Body of the retaliatory tariff measures which have abolished the U.S. "Byrd Amendment", shows the United States over-protect their own industries The behavior has been widely condemned by the-international community, non-tariff barriers have been disguised to a new alarm sounded.Dumping law by the U.S. dumping law and EU legal substance of research, and corroborated the classical case, if the excessive abuse of anti-dumping law would destroy the balance of trade, China as a economic power, in dealing with increasingly complex world economy When the pattern has always been to constantly improve themselves in order to achieve a balance between the stability of the state to go on, first of all, you need to improve their own anti-dumping legislation. Second, the courage to put forward anti-dumping complaint. Third, make full use of dispute settlement mechanisms to protect their own interests. Fourth, standardize its business practices. Fifth, resolutely curb trade protectionism. Can better play their advantage in world trade arena, a place.
Keywords/Search Tags:Dumping, Anti-dumping, Law System
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