Study On The New Development Of Anti-dumping Law Of The European Union

In 2018,the EU modernised its' basic anti-dumping and anti-subsidy regulations.Along with the changes on calculating dumping margins introduced in December 2017,this modernisation of the legislation is the first major revamp of the EU's trade defence instruments in the past 15 years.And the anti-dumping rules have undergone major changes.As the country with the most anti-dumping investigations initiated by the EU,this is bound to have an important impact on China.The EU anti-dumping rules involve changes in both substantive rules and procedural rules.The content of the amendments to the substantive rules has caused widespread concern and has been seriously questioned.The main contents include the concept and standard of “serious market distortion”,the new normal value calculation method,and the restriction from the lesser duty rules.Although the EU claims that the revision of the anti-dumping rules is aimed at making the anti-dumping trade defence instruments continue to be effective in the face of global challenges,it can be found that the revision of anti-dumping rules has a strong color of protectionism and the negative impact on fair and free multilateral trade is even more obvious.China should take active measures to deal with the new EU anti-dumping rules on the premise of fully understanding the new EU anti-dumping rules,so as to reduce the damage to Chinese enterprises caused by the new EU anti-dumping rules.The article is divided into six parts,focusing on the three main rules that have the development and changes:The first introduces the basic content of the EU anti-dumping law,then analyzes the relationship between the EU anti-dumping law and the WTO multilateral anti-dumping rules,and finally,on the basis of sorting out the historical development of the EU anti-dumping law,this paper analyzes the reasons for the new development of the EU anti-dumping law.The second part is the new "serious market distortion" rule.Firstly,it introduces the specific content of the new "market severe distortion" rule.And then points out the characteristics of the new rule through comparison with the rules of non-market economy countries.Finally,it points out that the new rules break through the WTO rules,confuse the concept of anti-dumping and countervailing,violate the Anti-dumping Agreement and other issues.The third part is about the new development of the rules of the normal value calculation method in the EU anti-dumping law.Firstly,it introduces the specific provisions of the new rules.By comparing with the "substitute country method" and the cost adjustment method,the essence of the new rule "old wine in a new bottle " is pointed out.Finally,combined with specific cases,the new calculation method is inconsistent with the WTO multilateral anti-dumping rules.The fourth part takes the development and changes of the lesser duty rules in the modernization reform of EU trade defence instruments as the main content,and first introduces the main contents of the revision of the lesser duty rules.After that,the problems of introducing "raw material distortion",labor and environmental standards into the lesser duty rules were pointed out.The fifth part is the impact of the new development of EU anti-dumping law,including the impact on the WTO multilateral trading system,and the challenges brought to China by the new rules in the future EU anti-dumping against China.The sixth part is aimed at the problems existing in the EU's new anti-dumping rules and the challenges that China will face.In combination with China's reality,the sixth part puts forward some suggestions for the government and enterprises should respond to the EU's new anti-dumping rules and provide a way to safeguard China's legitimate rights and interests under the unfair international anti-dumping rules.