Anti-dumping Proceeding Law Of EU And The Strategy To Anti-dumping Cases Initiated By EU

The first chapter is the summarize of Anti-dumping Law. After defining the "dumping" and "anti-dumping" in legal field, this paper introduce both general situation on anti-dumping law of WTO, USA, EU and the anti-dumping authority in EU.The second chapter is to describe the original anti-dumping proceeding of EU, which is made up of three parts including complaint and initiation, investigation, anti-dumping measures. The original proceeding is relative to the review proceeding. After receiving the complaint, the Commission will examine the identity of the complainant and the evidence to determine whether it's necessary to initiate an investigation. At first, The Commission will examine the accuracy and adequacy of the evidence provided in the complaint to determine whether there is sufficient evidence to justify the initiation of an investigation. The second, The Commission will examine the market share of imports. The case will not initiate against the country whose imports represent a market share of below 1%, unless such countries collectively account for 3% or more of Community consumption. The third, The Commission will examine the representative of the complaint. An investigation will not be initiated unless the complaint is made by those Community producers whose collective output constitutes more than 50% of the total production of the like product produced by that portion of the community industry expressly supporting for or opposition to the complaint and account for more than 25% of total production of the like product produced by the Community industry. The investigation is the key phase of the whole proceeding, which is decisive to the final determination. The Commission make conclusions on substantial problems such as dumping, injury, causal relationship and community interest by means of questionnaire, sampling and verification visits. Anti-dumping measures include provisional measures, definite measures and price undertaking.The third chapter is to describe the administrative review of EU, including interim review, expiry review, new exporter review, anti-dumping review, anti-absorption review and refunds investigation, which set up the regulation system of anti-dumping measures jointly. The administrative review ensure that an anti-dumping measures remain in force only as long as, and to the extent that, it is necessary to counteract and dumping which is causing injury. As a result, make the anti-dumping measures not only protect the community industry by defeating the injurious dumping but also limit it to the extent of necessity. Provided that a reasonable time of at least one year has pasted since the imposition of the definitive measure, the exporter and importer concerned can make an interim review request which contains sufficient evidence that the continued imposition of the measure is no longer necessary to offset dumping and that injury would be unlikely to continue or recur if the measure were removed of varied.? In general situation, a definitive anti-dumping measure shall expire five years form its imposition unless the community producers make an expiry review request which contains sufficient evidence that the expiry of the measure would be likely to result in a continuation or recurrence of dumping and injury in order to make the measure remain in force. New exporter review, anti-dumping review, anti-absorption review and refunds investigation play an important role in keeping efficiency and propriety of the anti-dumping measures.The forth chapter is to describe the judicial reviews of EU. Defying to the final determination by the anti-dumping authority of EU, interested parties in entitled to prosecute to CFI of ECJ. Having objection to the performance of anti-dumping measures by member states, affected parties is entitled to initiate prosecution to local court. If any court of member state received a case concerning the validity or interpretation of EU laws, the court should submit the case to European court and request it to give preliminary ruling on the question raise in the case.The last chapter of this dissertation firstly analyses the present situation and causation of the anti-dumping cases which is initiated by EU against Chinese Mainland. What follows is the thorough analysis of the legitimacy and rationality of China's Market Economy Status. Finally, this dissertation put forward strategies that government and business enterprises should do to reply to the anti-dumping by EU. In recent years, the EU frequently launch anti-dumping investigations to China with increasing numbers of cases, large amount of money that is involved and extensive scopes of products. I think this happened because of two reasons. On the other hand, trade protectionism is emphasized due to the economical and political consideration by the EU authorities and anti-dumping therefore becomes a best legal and effective weapon to protect their own business. On the other hand it also relates to the unreasonable structures of China's export market and products, especially because of the unsolved problem of China's Market Economy Status, the business enterprise when exporting to the EU are usually very passive and disadvantageous. Against those disadvantages, Chinese government and business enterprises should do something, such as adjusting export strategy, upgrading the industrial structure, establishing and improving the responding mechanism against anti-dumping, and doing our beat to obtain acknowledgement on China's Market Economy Status from the EU as soon as possible.