Analyses Of China's Legal Countermeasures Against Antidumping Of EU And USA

With the rapid development of China's foreign trade and its entry to WTO, the Chinese enterprise suffers more and more lawsuits of anti-dumping. China has been the biggest victim suffering from the anti-dumping of foreign countries by far. Because the Chinese enterprise has neglected the consideration of anti-dumping countermeasures for a long time, they suffer the serious loss in recent years, the relevant study has been carried out. This article legally discusses the anti-dumping countermeasures for Chinese enterprise. Since European Union and USA are China's main trade countries, and they are also the countries who proposed most anti-dumping accuses to Chinese enterprise, this article focuses on the legal research of countermeasures to European Union and USA . This article elaborates the elementary theory and knowledge of dumping and anti-dumping, and the reasons, characteristics and influences of Chinese enterprise's suffering lawsuits of anti-dumping; It also introduces the contents of the substantive law and the procedural law of European Union and USA respectively, especially the former kind of law; This article also introduces the contents of WTO agreement on anti-dumping and the system of dispute settlement. On the basis of the above mentioned, this article proposes the countermeasures for Chinese enterprises which include the prevention countermeasures that Chinese enterprise should strengthen in grasping the relevant legal knowledge on anti-dumping, cultivating more legal talents, establishing the lawsuit fund, encouraging Chinese enterprises to face the issues positively, establishing the precaution mechanism of anti-dumping investigation and applying our laws to deter the competitors and so on; the countermeasures in the lawsuit like identifying the qualifications the enterprise, organizing the special work team, inviting attorney, carefully filling in the questionnaires, preparing the investigation, attending the public hearing and so on; the countermeasure after the lawsuit like prompting application for administration reexamination or the judicial examination, solving the disputes reasonably by using the WTO rules and the system of dispute settlement and so on, We should makes every effort to find the practical and feasible solutions for the Chinese enterprise against the anti-dumping of European Union and USA, helps them reduce the trade losses, ensures the steady and harmonious development of Chinese economy.