Analysis Of The Anti-dumping Price Undertaking Rules

Over the years, in the anti-dumping investigation, these countries who fileanti-dumping lawsuit were in an advantaged position, while Chinese export enterprisesas prosecuted were in a disadvantaged position, such comparison is clearly reflected in theprice undertaking rules. Many Chinese companies are not familiar with the priceundertaking rules, they lack fundamental knowledge and specific experience of theprocedural and substantive implementation requirements in the process of signing theundertaking agreement, so that these litigations are beyond their grasp. While, what is priceundertaking? Price undertaking is closely related to anti-dumping, it is one of anti-dumpingmeasures which is like the provisional anti-dumping measures and anti-dumping duties, itis also one of the ending ways in anti-dumping investigation,it has become to be anessential anti-dumping policy in international economic and trade recently.This thesis will analyse and research the anti-dumping price undertaking rules, theintroduction introduced the case of Chinese photovoltaic companies, recently thesephotovoltaic companies apply price undertaking in order to removing of EU’s sanctions,thus leads to exploring the issue about price undertaking rules. The first chapter introducesthe basic theory of price undertaking rules briefly, including explain its meanings,evolution, nature and principles, functions and limitations, at the same time, for thepurpose of get a better understand and grasp price undertaking, this thesis willemphatically analyze the evolution of GATT/WTO’s rules’s legislative process, andintroduce specialization development of these rules in European countries. The secondchapter will focus on analyze types of the anti-dumping price undertaking, and the specialcircumstances which should be noted in the practical application. The third chapterhighlights the implementation of anti-dumping price undertakings, specifically instructedits procedural matters and substantive matters, such as the conclusion of price undertakingagreement, consequences of violating price undertaking.In the fourth chapter discuss thespecial rules of price undertaking for non-market economy countries employed bydeveloped and developing countries. The fifth chapter focus on legislative and practical issues in China’s anti-dumping price undertakings, expound from two sides:China’s law onprice undertakings and price undertakings practices in foreign anti-dumping cases. Inaddition,on the basis of the comparative analysis, find out the achievements andshortcomings of the current legislation, then put forward a sound theoretical research andfeasibility proposal, which can be used to response to the international anti-dumpingproceedings.