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In The United States, The EU Anti - Dumping Against China In The Determination Of The Normal Value

Posted on:2011-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:X GongFull Text:PDF
GTID:2206360305479504Subject:International Law
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China has the world's largest anti-dumping investigations target country, the involved businesses, industries and relevant functional departments should not only fully understand the case for questioning before the prevention and responding to the need for active. The respondent must also recognize and understand the importance of technology, especially in the fact that the rules on the basis of a thorough understanding and flexible. No laws and regulations and the operational level of fine can be tailored specifically to similar cases, We can not blame Anti-Dumping Agreement and the relevant laws and regulations that automatically for us to clarify the facts speak, but should not contrary to the spirit of the agreement on the facts under the premise of effective use of existing rules. Issues and problems arise at the same time production, since the Western countries to take advantage of the rules or even between the two may be totally impossible to make the case against us anti-dumping penalties. Of course we should be able to use the agreement to safeguard their interests.This thesis focus on the WTO agreements, the provisions of national legislation, jurisprudence analysis, determined the normal value of the method of start, focusing on analysis of the US, the EU legislation on the normal value and composition of elements, combined with the US, the EU on the normal value found in the special rules and practices applicable to the relevant case of a systematic study of the normal value, with a view to anti-dumping investigation on China to provide valuable legislative and judicial experience in our country and narrow the systematic gap between the countries and international organizations with advanced antitrust legal system and our country.This thesis is comprised of four sections:Section I. Analysis of the concept of normal value and the interpretation.This section gives detailed introduction on the WTO agreements, the provisions of national legislation, jurisprudence analysis, determined the normal value means start with the normal value of anti-dumping carried out a detailed overview of the system.Section II. Determine the normal value of the general rules and specific content.This section describes some of the world's countries, international organizations relating to the determination of normal value of the two kinds of rules of division of normal value in determining the general rules to be defined, and the determination of normal value of the general rules set out the basic content, with a view to a more comprehensive and detailed understanding of the normal value established by general rule.Section III. To determine the normal value of the special rules.This section is still research the US, the EU with a focus on combining the cases, analysis of anti-dumping normal value, the special rules found in these countries, international organizations, application and innovation in the development of concrete practice, and practical application of the normal value should be evaluated.Section IV. The legislation of anti-dumping, practice and refine the proposed in China.This section is based on our country, through the analysis of China's existing laws and regulations on anti-dumping regulations stipulated under the normal value and problems, combined with the anti-dumping system, the normal value established in our country need to learn from foreign experiences on China's defense enterprises and the focus of the complaint issue to be elaborated, and the normal value on the provisions of the legislative proposals.Conclusion: The normal value system of anti-dumping legislation in research and application of practice, and is still at an initial stage, China should learn from the advanced experience of foreign countries, based on the premise of ensuring the maintenance of free competition under the building in line with the actual conditions of China's anti-dumping the normal value system.
Keywords/Search Tags:dumping, anti-dumping, normal value, like product, analogue country
PDF Full Text Request
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