Strategies On Coping With EU Anti-dumping To China

When EU anti-dumping to China, it must care three basic elements. They are injury, Community interest and market economy status. When Chinese exporters cope with anti-dumping from EU, they must care about those three elements too. The three elements are the key points during the anti-dumping procedures between China and EU.The significance of the paper is as follows. In clue of the lighter anti-dumping case, we can understand the provisions of injury, Community interest and market economy status in EU antidumping law. Chinese trade organizations and enterprises can master the strategies on coping with EU anti-dumping to China.With the combination of the theories and practices, we can know the importance of the modes and procedures during the practices of EU anti-dumping to China. It is beneficial for Chinese trade organizations and enterprises to carry out proper strategies coping with EU anti-dumping to China, and it's also helpful to improve the development of Chinese international trade systems.The paper includes three chapters.On the background of the lighter anti-dumping case, chapter one introduces the basic theories of injury, Community interest and market economy status in EU ant i-dumping law.First, the paper interprets the paragraph 1 of article 3 of Council Regulation (EC) No 384/96. By interpreting, the paper analyzes the three standards on defining injury, especially stresses the importance of defining the Community industry. By interpreting the article 4 and article 5 of Council Regulation (EC) No 384/96, we can know the importance of quantity and qualify elements on defining the Community industry. In practice, European Commission defines the Community industry mainly basing on the elements of the product's custom tariff numbers, physical characters, chemical characters and customer's awareness. The lighter anti-dumping case is the typical example.Second, chapter one stresses the'double-edged sword affection'of anti-dumping. By interpreting the paragraph 1 article 21 of Council Regulation (EC) No 3283/94, we can understand the application of proportionality of the Community interest terms. Importer's and customer's benefits must be considered when EU carries out anti-dumping measures. Chapter one analyzes the ferrosilicon-products anti-dumping case, It reflects how the Community interest terms play a role.Last, chapter one makes a detail explaining to'five standards'of market economy status. By listing the typical anti-dumping cases from 1998 to 2002, it shows that European Commission will focus two situations in detail when judging the enterprise's market economy status. They are the degree of intervention by government and the enterprise's financial accounting system. With the reference of those cases, the chapter makes a detail analysis on why EU setting up blocks to refuse accepting Chinese market economy status. Chapter one points out that EU has a wider discretion on the issue of market economy status. Combining with WTO Anti-dumping Agreement, the article analyzes the contradictions between'five standards'and WTO rules.On the background of the lighter anti-dumping case, chapter two emphasizes four kinds of strategies that are about Chinese enterprises coping with anti-dumping from EU. These four strategies are about initiating and coping strategies between EU and China; Chinese non-injury strategies; the strategies on utilizing the Community interest provisions by China; the strategies on fully utilizing the market economy status by China. This chapter is the paper's most important part.First of all, chapter two compares the initiating strategies of European Lighter Manufacture Association (ELMA) and the coping strategies of Wenzhou Lighter Producer Association (WLPA). By contrast, it shows that European trade organizations are more skillful than Chinese trade organizations in some respects. Those respects are about integrating resources, utilizing regulations, influencing the government's administration. It also shows that there is some work that Chinese trade organizations need to improve.Second, chapter two shows that Chinese lawyer is very skillful. The lawyer captured the defects of ELMA which is in the respect of Community industry confirmation. The lawyer insisted the essential difference between European lighter industry and Chinese lighter industry. For Chinese enterprises, this is the perfect experience. It shows that Chinese trade organizations and enterprises can win the anti-dumping litigation on the point of injury determination.Third, chapter two confirms that Community interest terms are more important when coping with EU anti-dumping to China. When dumping, injury and casualty between dumping and injury are all confirmed by Community Commission, Chinese exporters can obtain the help from European importers and customers. If the interests of European importers and customers are more important than European manufactures, anti-dumping measures will not be carry out. Community interest terms could be another important strategy that Chinese enterprises cope with anti-dumping from EU completely. Community interest terms can balance the interests among parties. It can orderly promote the economy development too. Chapter two discusses its functions. Chinese legislative bodies should refer and study the advantages of Community interest terms, and perfect our own anti-dumping law. Last, chapter two emphasizes the strategies which are about how Chinese enterprises can win the acceptance of the market economy status from EU. In the paper this part is longer than other parts. With the reference of the lighter anti-dumping case, the part expatiates the strategies in detail, not only about coping with the questionnaire investigation but also about coping with the on-site investigation. Since the yellow phosphorus anti-dumping case is a typical case about market economy status, the part analyzes the case in detail. It shows that coping with the questionnaire investigation and on-site investigation are more technical tasks. In some degree it decides whether Chinese enterprises can obtain the market economy status. The part also stresses other elements'importance on obtaining the market economy status. Those elements include strengthening enterprises'internal management; operation according to law; utilizing the membership rights in WTO; diplomatic consultations.Chapter three emphasizes the macro-importance and methodologies on improving the trade organization's management, perfecting the international economic law system; promoting the domestic economic reform.First, with the reference of the lighter anti-dumping case, it shows that Chinese trade organizations can't follow the steps of Chinese international economic development. China must strengthen the trade organization's legal rights and obligations. It is very necessary to confirm the legal relationships among governments, trade organizations and enterprises. The trade organizations should establish its early warning systems. And it should learn the European and American perfect experiences basing on Chinese realities. So the trade organizations can play a great role in promoting Chinese economic development.Second, chapter three expatiates the defects of Chinese international economic legislation system. It emphasizes the necessity that China should improve and perfect its international economic law system's construction in three aspects. They are the improvement of the international economic legislation, exertion the advancing and defending functions of Chinese foreign trade laws; Cultivation of practical legal professionals in international economy field.Last, the chapter stresses the importance of domestic economic reform. The reform can improve the development of Chinese international trade law system. The reform includes four aspects. They are the reform of economic development modes; the strengthening of independent innovation capabilities; the role of the government macro-control functions; the strengthening of the international cooperation.