The Study On Indian Anti-dumping Against China

It has been more than 200 years since dumping and anti-dumping became the products of the historical stage of international trade. With the intensity of the international trade protectionism, anti-dumping has become one of the main measures used by many countries to protect their own national industry. China is one of the countries, which suffer the anti-dumping indictment most frequently and severely. Since 1979 our saccharin and alarm clock were considered as the dumped products by the European Community , up to 2004, many countries have successively brought 600 anti-dumping lawsuits against China export commodities。Before 1988, the antidumping cases initiated by European Union, U.S.A., Canada and Australia amounted to 96 percent of all foreign anti-dumping cases against China. After 1990s, some developing countries of Asia,Africa and Latin America imitated U.S.A., European Union the anti-dumping cases against China increasing fiercely. In the last few years, India, on the one hand, rested on its commitment to other members of WTO and gradually opened the domestic market to import goods through reducing tariff and canceling restriction in quantity etc.; on the other hand, India took the anti-dumping measures more and more frequently to protect the domestic industry which faced with fierce international competition. Chinese export enterprises are the victims to suffer most greatly the injury by India's anti-dumping measures. According to materials, from 1995 to 2003, India all together initiated 379 anti-dumping investigation in view of 51various countries and regions, in which China received most, reached as high as 69, accounted for the total 18.3%. Therefore, in order to maintain the healthy development of our trade of export to India, the analysis of China export commodities subject to Indian anti-dumping has an extremely important significance in theory and practice. Starting with the basic theory of dumping and anti-dumping, combining the present situation, the characteristics and the negative results of Indian charging China with dumping, this paper analyzes the reasons and essence of our export commodities suffering Indian anti-dumping. Then, this article puts forward the measures avoiding and reducing the charges brought by India. This paper consists of 4 parts: The first part, the foundation of the paper, explains the dumping implication, categories of dumping, as well as the economic effect to import and export country brought by dumping in international trade, with the guide of dumping and anti-dumping theory. Then, the concept and basic procedure of anti-dumping, the impact brought by levying anti-dumping duty are emphatically explained. Also point out that, the narrow meaning of dumping has "the plundering intentions", which should be key attacked by anti-dumping. The anti-dumping which has not improved the welfare level of the sponsor nation, but instead has brought out the unfair competition instead and bring the harmful effects to national economy. The second part mainly introduces the Indian anti-dumping mechanism, including: Indian anti-dumping law formation, revision and its essential features, Indian anti-dumping organizational establishment and implementing procedure. Also pointed out that, anti-dumping tax should not be levied by India unless they satisfy the following three terms, that is, the export price is less than normal value, the dumping products do substantive harm to Indian domestic industry and there is causal relation between dumping and the harm. The third part first introduces the present situation, features and the negativeimpacts of our export product subject to Indian anti-dumping. Next, analyses the internal causes and external factors of our products subject to Indian dumping from the angle of Sino-India both sides respectively:In aspect of India, India and our country are all the developing countries of Asia, the geographical position adjoining, all have the noticeable competition in the economic and the political status. India will certainly regard China as the largest " obstacle " and " imaginary enemy ", and the anti-dumping is an effective method that contains China and protects itself; In aspect of China, there are not only some objective factors, such as compare advantage of the prices of some export products, but also some subjective factors, such as export enterprises'deficient autonomy, malignant price competition and passive respond to suit. These two respects have caused Indian anti-dumping to China. The fourth part, on the basis of above analysis, puts forward the measures to avoid and reduce anti-dumping charge brought by India from the aspects of the government, the export commercial chamber, trade association and the enterprises. mainly including: (1)Government exerts positive influence through multilateral and bilateral negotiations, strengthen domestic anti-dumping legislation, strengthen the effective management to the enterprises'export behaviors; (2) Export commercial chamber and trade association keep the order of export, not only offer the information and technical support, but help export enterprises establish antidumping early-warning system and anti-dumping funds; (3)On one hand, the export enterprise should strengthen autonomy, perfect the financial administration of enterprise, improve the understanding of the anti-dumping, optimize export commodity structure before suffering anti-dumping;On the other hand, when enterprises suffer to the anti-dumping, in order to resist the Indian anti-dumping, they should deal with the suit actively.