| Either dumping or anti-dumping is always a sensitive issue arising constant disputes in international trade. In the current wave of irreversible trend of global economy integration and free trade, the controversies between dumping and anti-dumping are becoming increasingly intense due to the harm to a nation's economy caused by abuse of free trade with increasing saturation of the international market. The enterprises in China have confronted both attacks and challenges from dumping and anti-dumping. On the one hand, products from foreign countries are dumped in China, and on the other hand, China has become a country with its products most frequently anti-dumped. The situation even became worse in the 1990s. Not only the developed countries in Europe and America initiated frequent anti-dumping investigations against China, but also some developing countries such as India, Argentina and Venezuela brought unprecedented anti-dumping actions against China. This constitutes an unharmonious note at the moment of China's entry into the WTO.In the tide of anti-dumping against China by foreign countries, the EU played its role as bell sheep. From the first case early in 1979 to the latest color TVs and energy saving lamps cases, none of which is not the masterpiece of the EU. The anti-dumping issue has become one of the most controversial issues between the Sino-European economic and trade relationships. The political significance connecting with it may have been beyond its economic one.Accordingly, this article, in view of the historical evolution of the EU's anti-dumping legislature and its current provisions, stresses its discussion on affection upon China by the EU's anti-dumping policies and analyzes the latest development for the purpose of disclosure of its consistent discriminatory measures under the veil of new policies by the EU. Based upon this, this article takes the Anti-dumping Code as its main ground to put forward proposals with respect to perfection of China's legislation on anti-dumping, and further suggests some measures which would be taken by the China's government, foreign trade authorities and other enterprises respectively.The discussion of the issues in this article is comprehensive by combination of analysis of case facts and regulations assisted by comparision for the purpose of its universality and practice to certain extent. Meanwhile, the novelty and usefulness of the documents are taken into consideration. I tried to bring some latest files into this article to enrich its content for necessary integration of theory and practice.This article is divided into five parts and the highlights are as follows:The Preface is to raise some issues. By citing the latest data and files, this part points out this article's background--China has become the most sacrificed nation due to the frequent anti-dumping measures taken by western countries headed by the EU. This part goes further to explain this article's theme that is to strengthen studies of anti-dumping laws of the EU and other countries and to propose our countermeasures. The Preface is mainly to show the significance of the topic and the urgency of studies thereof.Chapter One is divided into three sections which make clear elaboration and explanation to the definitions of both dumping and anti-dumping, its characteristics and general principles.Section One defines what is dumping in economics and emphasizes that the dumping is price discrimination in economic essence. The definition of dumping in law is originated from the economic one but is different from that. The Article VI of the GATT 1994 is recognized as the authoritative definition for dumping in law. The Article VI lays emphasis on the harmful consequences and there are three conditions for its constitution: (a) the product is sold under its normal value; (b) has caused material harm to the imported country and (c) there is a causal relation between the damage and the lower-priced sales. The dumping discussed in this article refers to the dumping in law.Sect... |
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