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Between The Eu And U.s. Anti-dumping - Discussing The Impact Of The Eu And U.s. Anti-dumping On Chinese

Posted on:2004-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:J H XuFull Text:PDF
GTID:2206360122975824Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China suffers from numbers of dumping and anti-dumping actions with the development of trade and economics recently. In the investigation against Chinese enterprises, the number of EU and USA is the most two. In this article, it compares the anti-dumping laws between EU and USA. Tries to find the similarities and differences, seek the countermeasure of the American-European anti-dumping for Chinese enterprises. And we must perfect the anti-dumping law of China from the merits of above two laws so we can reply the foreign producer's behavior of dumping to our country.On the entity law of the anti-dumping, combines the case to explain to EU's part. And compares the entity law of EU and USA separately. On determination of dumping, it points out " non-market economy" system and" surrogate country" system are unfair. USA does not acknowledge that China is as the country of market economy, European Union implements the conditional market economy system to our country .So great attention must be paid for the enterprises of our country. On determination of injury, it should be acknowledge that the cumulative assessment be rational, but essential standard and limits must be set up. On the causal relationship, it proposes that it should be use "principal cause" in order to make the antidumping law become more fair. Beside those three factors, one of the characteristics of antidumping law in EU is that public interest (" community interest") will be regarded as a condition on determining the imposition of anti-dumping duty. This reflects the difference of the legislators' value orientation in America and Europe too. Anti-circumvention is extension and expansion of anti-dumping law, so its existing is rational and necessary.On the procedure law of the anti-dumping, it introduces to the anti-dumping procedures of EU and USA separately. It includes application, initiation, investigation, preliminary determination, final determination, administrative review and judicial review. In this article, it compares the establishment of EU and USA onanti-dumping management organization. Expounds the pros and cons of the perpendicular type of EU and the parallel type of USA. And gives the affirmation to the special administration of justice of USA. The differences in administration is the cause of the differences in procedure of two laws. The procedure can be suspended through attaining to price undertaking and suspension agreement. So the exporters can make the choice according to the opportunity, in order to prevent the very long anti-dumping from investigating the procedure. What adopted basically is a administration procedure in the antidumping law, therefore the unavoidable question is the discretion, it is rational and at the same time it should be controlled in the essential limit.In EU and USA, there are numbers of anti-dumping actions to China, the number is great, the tax rate is high, and they cause serious danger with the development of the enterprise and the economy of China, and this impels the Chinese government and enterprise to seek countermeasure too, such as giving play to the functions of the government, industry association, organizing the enterprises plea bargaining, especially to the "non-market economy" system and "surrogate country". And the Chinese exporters can utilize the public interest clause or the judicial review to safeguard their lawful rights. From another respect China can initial anti-dumping investigation to contain the anti-dumping behavior of EU and USA. Some suggestions are made for the work of Chinese enterprises's application and attendance through two cases. The anti-dumping law of EU and USA are relatively perfect, so we can learn from its merits in order to strengthen the science of China's antidumping law, such as the system of public interest, anti-circumvention, judicial review.
Keywords/Search Tags:Dumping, Anti-dumping, Injury, Casual Relationship
PDF Full Text Request
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