China’s Response To The EU Anti-dumping Law Studies

Trade among countries will promote the development of global economy, national industrial advantage on a global scale is obvious, while the country’s industry want to have shares in their respective markets, trade protectionism is inevitable comes into being, but to great power country, especially the United States, Japan and other countries as well as the European Union began a series of anti-dumping measures to China, designed to protect domestic industry, the direction may be right, but the so-called trade protection, the flag of anti-dumping, in some countries for political blow at the same time, a "trade war", apparently is unfair treatment for countries with industrial advantage, those involved in "war" countries, clearly will not sit back, while their coping strategies, especially for the EU coping research in China is worth thinking about.On September6,2012, the European Union announced a series anti-dumping investigation on the photovoltaic products which launched on our country. Because of the amounts involved would exceed$20billion, which, in turn, so far is the biggest trade dispute case while the EU launched to our country. On June5,2013, the European Union has made the preliminary, from June6to August6, the photovoltaic products of our country should pay11.8%of the provisional anti-dumping tariffs, if the two sides can’t form effective settlement mechanism before the day on August6, after that day the anti-dumping tax rate will rise to47.6%. For the European Union trade disputes on China photovoltaic industry, preliminary determination Levy high taxes and fees. Anti-dumping and countervailing,"the twin brothers" once again came to the attention of the public, on their respective countries trade protectionism in the international society, and regional industry protection strategy also with the specific aspects of practice. It worth to think about, at the same time China involved with foreign countries, especially in this article be involved in EU, for the implementation of anti-dumping and anti-subsidy duties of commercial mediation strategy is worth our careful chewing.As unceasingly development of world economic globalization and trade liberalization, nowadays anti-dumping has become one of widely used means to protect domestic industries in the world, dumping and anti-dumping has become the focus problem in international trade, and Present intensified trends. For China as a world trade power country, frequently impacted by foreign dumping and anti-dumping, brings adverse effects to the development of China’s reform and opening up. In study theory of international anti-dumping laws, actively absorb the international advanced legal system on our advantage, further to improved the system of anti-dumping law in our country. To proper use of anti-dumping has been recognized by the international community trade measures, legal protection of domestic industries, set before us is a significant topic. At present China has established the "foreign trade law of the People’s Republic of China" as the basic law, the anti-dumping regulation of the People’s Republic of China as the main rules, comparatively complete, including a number of administrative rules, the anti-dumping legal system. The basic principles of Chinese anti-dumping legal system are in complete accord with the requirements of the WTO, the specific rules are broadly in line with WTO rules, to be advanced and scientific. But as the time is shorter, legislation and law enforcement is not abundant, compared with the international anti-dumping rules, Chinese anti-dumping legal system both in substantive and procedure, there are still some deficiencies. Mainly reflected in:the level of legislation is not high, which exist some shortcomings recognition of dumping and injury, anti-circumvention measures、inadequate judicial censorship rules, also operations need to be strengthened, and so on. In this paper, introduce the EU anti-dumping case as an opportunity, from our perspective also with external reasons, further causing the influence of the EU in the antidumping legislation of our country; In theory of the European Union and our country in-depth analysis of the hot issues in the anti-dumping conflicts; And in practice, from the relevant government departments in our country, industry association and enterprise Angle in terms of the specific response to the EU anti-dumping countermeasures, for China’s antidumping legislation are put forward with feasible Suggestions. In the antidumping legislation and practice, we should solve problem which is not how to deal with the EU anti-dumping measures, but in practice how to improve the defects in the antidumping law system in China, we can not blindly allow foreign sanctions against our related industries, in other way, we should put forward rational, a beneficial legal basis to protect the related industry of our country.