Research On European Anti-Dumping Law And Countermeasure Of Our Country

This thesis is a theoretical article studying EU(European Union) Anti-dumping law. The whole article is composed of five parts. The first part states the present condition of the EU anti-dumping against China and the influence to Chinese exporting trade; the second part analyzes the economic gains and losses of the dumping and investigates on the EU legislation about Anti-dumping; the third part researches the irrationality of the EU Anti-dumping law; the forth part makes comparative analysis on the legislation and practice EU; the fifth part discusses our counter measures to EU Anti-dumping law.The first part of the thesis reviews the causes of EU Anti-dumping law and its influence to the Chinese exporting trade. The increasing An Li-dumping cases to China made the export volume of some products decrease sharply and some export market lost; also, it lowered the profit of exporting trade. In addition, some developing industries fell into predicament and the exports to some countries are poorly affected. The characteristics of these cases focus on: the measure and cases of Anti-dumping increases day by day; the related commodity are mainly fastened on labor force density products and raw materials or semi finished articles; the Anti-dumping range and its tax rate rises constantly. In this part, the author also makes a study on the cause of Anti-dumping measurements to Chinese commodity taken by EU, which includes both po] itical and economical one. The political cause sets ideology and political relationship between nations as its center. The internal cause is as followings: the structure reformation of Chinese export products; the disadvantage of the export management; the distortion of poor specialization in industry development; the unfamiliarity with the EU Anti-dumping law, etc.The second part of the thesis makes economic analysis on advantage and disadvantage of dumping, and researches the EU Anti-dumping law. The author thinks that dumping does not bring any net loss to the import country; Anti-dumping law itself is only a measure of trade protectionism; the Anti-dumping taxation is one of the main non-tariff barriers at present. This article also reviews related regulations of EU Anti-dumping law; analyzes the main characteristics of the EU Anti-dumping law to China in point.As a jurisprudence analyses part, the third part of this article analyzes the irrationality of the EU Anti-dumping law is short of rationality in the legal, i.e. EU discriminates against China in the applicability of the market economy recognition policy; the new EUAnti-dumping policy to China is negative in essence; it is irrational that the Ell committee limits the scope of checking the market economic position in the procedure; it is unreasonable that EU links the checking market economic position with the market entry permission; it is not suitable either that according to the EU' s provision, EU committee could reject the market economic position only if any one of the five principles is not matched perfectly.The forth part of the article reviews the Chinese Anti-dumping law, and on the basis of which comparative study is made with the EU Anti-dumping law from the aspects of the theory and practice. The author thinks that the Chinese and EU Anti-dumping law are very familiar with each other because both of them have of WTO as their original version, EU Anti~dumping law takes advantage of experience over Chinese. In addition, the practice of Chinese Anti-dumping law has problems as short period, fewer cases and short experiences in comparison with EU's.The fifth part of the thesis discusses Chinese countermeasures against the EU Anti-dumping law. The principal ones are as follows: publicize that China is a market economic country; set up a long-term strategy of trade and commodity development and make a macro control of exporting quota with reasonable a exporting price so as to resolve the disputes by the way of price commitment; essentially establish an Anti-dumping mechanism and a special fund; strengthen and improve the legislation of Anti-dumping.