Study On Absorption System Of EU

With the continuous development of the international economy trade bewteen China and EU,trade conflicts are becoming more and more serious although the it is the very important trade partner of China.While the gradual increase of antidumping cases against Chinese products reflects the trade conflicts.Especially,recent years,Chinese exporters have always been initiated the anti-absorption investigation by the EU with the result to levy additional antidumping duties,which has severely hindered the Chinese export to the EU.Therefore it is rather urgent to find the way in which the Chinese companies could better respond to the anti-absorption investigation and expand their market shares in the EU market.The anti-absorption system is a quit characteristic one of the antidumping laws of the EU,which plays an enormous role in the ensuring the function of the antidumping measures.However,such a regulation has not been stipulated in WTO laws and Chines native laws.There are disputes on whether it conforms to the WTO laws.The anti-absorption problem has less been researched in plentiful academical works on EU antidumping laws.Hence,the study on the anti-absoption system of the EU is valuable in both practice and theory.The article would study the system by the method of practice-analyzing and comparative analysis.On the one hand,the article would analyze all the anti-absorption investigations aimed at Chinese products by the method of practice-analyzing.On the other hand,this article would compare anit-absorpiton system with other legal systems so as to reveal its essence by the method of practice-analyzing.This article could be devided into the six parts,inclulding about 30000 words.Firstly,basic theory.This part introduces the definition and form of "absoption" and the characteristics and natures of anti-absorption system,compares it with other legal systems,illustrates its legality and reasonableness and reviews its historical developement.The author points out that the system has three characteristics:emphasis on implimentation efficiacy,respect for intersted parties' rights and obvious protection and discrimination.It is a complementary procedure to the initial antidumping investigation and a measure ensuring the effective performance of antidumping measures.It corresponds with laws and is reasonable.Secondly,authority and competence.The part introduces the four anti-absorption authorities and their competence:European Commission,Concil of the European Union, Advisory Committee and the European Court of Justice.The European Commission majors in openning of reinvestigation,reinvestigation and initiating a proposal of imposition of anti-absorption duties.And the Concil of the European Union could decide whether or not adopt the proposal of the Commission.While,the Advisory Committee could be consulted by the Council and Commission on the problems of anti-absorption.Finally,the European Court of Justice majors in judicial review of antidumping cases.Thirdly,substantive regulation.This part introduces the application sphere of the anti-absorption system——any dumped product whose release for free circulation in the Community causes injury except the product of coal,steel and service.Then,it analyzes the two situations of absorption,export prices,normal value and absorption margin.Finally, anti-absorption measures are derived——amending the antidumpingmeasures in force.Fourly,procedural regulation.This part points out the four conditions of reopening of investigation:particular parties,time limits,provison of evidences and consultation before reopening and studies the following matters:time limit of the investigation,voting procedure of the Council and the participation of relative parties in the investigation.Finally,there are two different results of the investigation:terminate anti-absorption investigation and maintain the original antidumping duties or amend the antidumping duties and impose the anti-absorption duties.Fifthly,the implementation of anti-absorption system of the EU on Chinese products.This part analyzes the reasons for the anti-absorption investigations aganist Chinese products and the strategies to deal with EU anti-absoption investigations.And the external causes are the international trade protection and the non-market economic status of Chinese products;the internal causes are unreasonable structure of market and product of Chinese products exported,disordered export order and defective response mechanism.Accordingly,there are four strategies to deal with it:resolve the market economic status problem;ensure the pluralism of structure of market and product,ensure market in order and establish the better response mechanism.Lastly,how to improve Chinese laws by study of anti-absorption system of the EU.The part introduces Chinese antidumping laws,analyzes the necessity of legislation of anti-absorption in China and illustrates how to make legislation of anti-absorption by study of experience of the EU by the six aspects:legislation system,definition of absorption,relative authorities,openning of absorption investigation,anti-absorption investigation,anti-absorption measures.