倾销与反倾销英文版
反倾销协议英文版
AGREEMENT ON IMPLEMENTATION OF ARTICLE VIOF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members hereby agree as follows:PART IArticle 1PrinciplesAn anti-dumping measure shall be applied only under the circumstances provided for in Article VI of GATT 1994 and pursuant to investigations initiated1and conducted in accordance with the provisions of this Agreement. The following provisions govern the application of Article VI of GATT 1994 in so far as action is taken under anti-dumping legislation or regulations.Article 2Determination of Dumping2.1 For the purpose of this Agreement, a product is to be considered as being dumped, i.e. introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country.2.2 When there are no sales of the like product in the ordinary course of trade in the domestic market of the exporting country or when, because of the particular market situation or the low volume of the sales in the domestic market of the exporting country2, such sales do not permit a proper comparison, the margin of dumping shall be determined by comparison with a comparable price of the like product when exported to an appropriate third country, provided that this price is representative, or with the cost of production in the country of origin plus a reasonable amount for administrative, selling and general costs and for profits.2.2.1 Sales of the like product in the domestic market of the exporting country orsales to a third country at prices below per unit (fixed and variable) costs ofproduction plus administrative, selling and general costs may be treated asnot being in the ordinary course of trade by reason of price and may bedisregarded in determining normal value only if the authorities3determine1The term "initiated" as used in this Agreement means the procedural action by which a Member formally commences an investigation as provided in Article 5.2Sales of the like product destined for consumption in the domestic market of the exporting country shall normally be considered a sufficient quantity for the determination of the normal value if such sales constitute 5 per cent or more of the sales of the product under consideration to the importing Member, provided that a lower ratio should be acceptable where the evidence demonstrates that domestic sales at such lower ratio are nonetheless of sufficient magnitude to provide for a proper comparison.3When in this Agreement the term "authorities" is used, it shall be interpreted as meaning authorities at an appropriatethat such sales are made within an extended period of time4in substantialquantities5and are at prices which do not provide for the recovery of all costswithin a reasonable period of time. If prices which are below per unit costs atthe time of sale are above weighted average per unit costs for the period ofinvestigation, such prices shall be considered to provide for recovery of costswithin a reasonable period of time.2.2.1.1 For the purpose of paragraph 2, costs shall normally be calculated onthe basis of records kept by the exporter or producer underinvestigation, provided that such records are in accordance withthe generally accepted accounting principles of the exportingcountry and reasonably reflect the costs associated with theproduction and sale of the product under consideration.Authorities shall consider all available evidence on the properallocation of costs, including that which is made available by theexporter or producer in the course of the investigationprovided that such allocations have been historically utilized bythe exporter or producer, in particular in relation toestablishing appropriate amortization and depreciation periodsand allowances for capital expenditures and otherdevelopment costs. Unless already reflected in the costallocations under this sub-paragraph, costs shall be adjustedappropriately for those non-recurring items of cost whichbenefit future and/or current production, or for circumstancesin which costs during the period of investigation are affected bystart-up operations.62.2.2 For the purpose of paragraph 2, the amounts for administrative, selling andgeneral costs and for profits shall be based on actual data pertaining toproduction and sales in the ordinary course of trade of the like product by theexporter or producer under investigation. When such amounts cannot bedetermined on this basis, the amounts may be determined on the basis of:(i) the actual amounts incurred and realized by the exporter or producer inquestion in respect of production and sales in the domestic market ofthe country of origin of the same general category of products;(ii) the weighted average of the actual amounts incurred and realized byother exporters or producers subject to investigation in respect ofproduction and sales of the like product in the domestic market of thecountry of origin;(iii) any other reasonable method, provided that the amount for profit sosenior level.4The extended period of time should normally be one year but shall in no case be less than six months.5Sales below per unit costs are made in substantial quantities when the authorities establish that the weighted average selling price of the transactions under consideration for the determination of the normal value is below the weighted average per unit costs, or that the volume of sales below per unit costs represents not less than 20 per cent of the volume sold in transactions under consideration for the determination of the normal value.6The adjustment made for start-up operations shall reflect the costs at the end of the start-up period or, if that period extends beyond the period of investigation, the most recent costs which can reasonably be taken into account by the authorities during the investigation.established shall not exceed the profit normally realized by otherexporters or producers on sales of products of the same generalcategory in the domestic market of the country of origin.2.3 In cases where there is no export price or where it appears to the authorities concerned that the export price is unreliable because of association or a compensatory arrangement between the exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the imported products are first resold to an independent buyer, or if the products are not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis as the authorities may determine.2.4 A fair comparison shall be made between the export price and the normal value. This comparison shall be made at the same level of trade, normally at the ex-factory level, and in respect of sales made at as nearly as possible the same time. Due allowance shall be made in each case, on its merits, for differences which affect price comparability, including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which are also demonstrated to affect price comparability.7In the cases referred to in paragraph 3, allowances for costs, including duties and taxes, incurred between importation and resale, and for profits accruing, should also be made. If in these cases price comparability has been affected, the authorities shall establish the normal value at a level of trade equivalent to the level of trade of the constructed export price, or shall make due allowance as warranted under this paragraph. The authorities shall indicate to the parties in question what information is necessary to ensure a fair comparison and shall not impose an unreasonable burden of proof on those parties.2.4.1 When the comparison under paragraph 4 requires a conversion of currencies,such conversion should be made using the rate of exchange on the date ofsale8, provided that when a sale of foreign currency on forward markets isdirectly linked to the export sale involved, the rate of exchange in the forwardsale shall be used. Fluctuations in exchange rates shall be ignored and in aninvestigation the authorities shall allow exporters at least 60 days to haveadjusted their export prices to reflect sustained movements in exchange ratesduring the period of investigation.2.4.2 Subject to the provisions governing fair comparison in paragraph 4, theexistence of margins of dumping during the investigation phase shall normallybe established on the basis of a comparison of a weighted average normal valuewith a weighted average of prices of all comparable export transactions or by acomparison of normal value and export prices on a transaction-to-transactionbasis. A normal value established on a weighted average basis may becompared to prices of individual export transactions if the authorities find apattern of export prices which differ significantly among different purchasers,regions or time periods, and if an explanation is provided as to why suchdifferences cannot be taken into account appropriately by the use of a weightedaverage-to-weighted average or transaction-to-transaction comparison.2.5 In the case where products are not imported directly from the country of origin but are exported to the importing Member from an intermediate country, the price at which the7It is understood that some of the above factors may overlap, and authorities shall ensure that they do not duplicate adjustments that have been already made under this provision.8Normally, the date of sale would be the date of contract, purchase order, order confirmation, or invoice, whichever establishes the material terms of sale.products are sold from the country of export to the importing Member shall normally be compared with the comparable price in the country of export. However, comparison may be made with the price in the country of origin, if, for example, the products are merely transshipped through the country of export, or such products are not produced in the country of export, or there is no comparable price for them in the country of export.2.6 Throughout this Agreement the term "like product" ("produit similaire") shall be interpreted to mean a product which is identical, i.e. alike in all respects to the product under consideration, or in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.2.7 This Article is without prejudice to the second Supplementary Provision to paragraph 1 of Article VI in Annex I to GATT 1994.Article 3Determination of Injury93.1 A determination of injury for purposes of Article VI of GATT 1994 shall be based on positive evidence and involve an objective examination of both (a) the volume of the dumped imports and the effect of the dumped imports on prices in the domestic market for like products, and (b) the consequent impact of these imports on domestic producers of such products.3.2 With regard to the volume of the dumped imports, the investigating authorities shall consider whether there has been a significant increase in dumped imports, either in absolute terms or relative to production or consumption in the importing Member. With regard to the effect of the dumped imports on prices, the investigating authorities shall consider whether there has been a significant price undercutting by the dumped imports as compared with the price of a like product of the importing Member, or whether the effect of such imports is otherwise to depress prices to a significant degree or prevent price increases, which otherwise would have occurred, to a significant degree. No one or several of these factors can necessarily give decisive guidance.3.3 Where imports of a product from more than one country are simultaneously subject to anti-dumping investigations, the investigating authorities may cumulatively assess the effects of such imports only if they determine that (a) the margin of dumping established in relation to the imports from each country is more than de minimis as defined in paragraph 8 of Article 5 and the volume of imports from each country is not negligible and (b)a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product.3.4 The examination of the impact of the dumped imports on the domestic industry concerned shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the industry, including actual and potential decline in sales, profits, output, market share, productivity, return on investments, or utilization of capacity; factors affecting domestic prices; the magnitude of the margin of dumping; actual and potential9Under this Agreement the term "injury" shall, unless otherwise specified, be taken to mean material injury to a domestic industry, threat of material injury to a domestic industry or material retardation of the establishment of such an industry and shall be interpreted in accordance with the provisions of this Article.negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital or investments. This list is not exhaustive, nor can one or several of these factors necessarily give decisive guidance.3.5 It must be demonstrated that the dumped imports are, through the effects of dumping, as set forth in paragraphs 2 and 4, causing injury within the meaning of this Agreement. The demonstration of a causal relationship between the dumped imports and the injury to the domestic industry shall be based on an examination of all relevant evidence before the authorities. The authorities shall also examine any known factors other than the dumped imports which at the same time are injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the dumped imports. Factors which may be relevant in this respect include, inter alia, the volume and prices of imports not sold at dumping prices, contraction in demand or changes in the patterns of consumption, trade restrictive practices of and competition between the foreign and domestic producers, developments in technology and the export performance and productivity of the domestic industry.3.6 The effect of the dumped imports shall be assessed in relation to the domestic production of the like product when available data permit the separate identification of that production on the basis of such criteria as the production process, producers' sales and profits. If such separate identification of that production is not possible, the effects of the dumped imports shall be assessed by the examination of the production of the narrowest group or range of products, which includes the like product, for which the necessary information can be provided.3.7 A determination of a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility. The change in circumstances which would create a situation in which the dumping would cause injury must be clearly foreseen and imminent.10 In making a determination regarding the existence of a threat of material injury, the authorities should consider, inter alia, such factors as:(i) a significant rate of increase of dumped imports into the domestic marketindicating the likelihood of substantially increased importation;(ii) sufficient freely disposable, or an imminent, substantial increase in, capacity of the exporter indicating the likelihood of substantially increased dumpedexports to the importing Member's market, taking into account the availabilityof other export markets to absorb any additional exports;(iii) whether imports are entering at prices that will have a significant depressing or suppressing effect on domestic prices, and would likely increase demand forfurther imports; and(iv) inventories of the product being investigated.No one of these factors by itself can necessarily give decisive guidance but the totality of the factors considered must lead to the conclusion that further dumped exports are imminent and that, unless protective action is taken, material injury would occur.3.8 With respect to cases where injury is threatened by dumped imports, the application of10One example, though not an exclusive one, is that there is convincing reason to believe that there will be, in the near future, substantially increased importation of the product at dumped prices.anti-dumping measures shall be considered and decided with special care.Article 4Definition of Domestic Industry4.1 For the purposes of this Agreement, the term "domestic industry" shall be interpreted as referring to the domestic producers as a whole of the like products or to those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products, except that:(i) when producers are related11to the exporters or importers or are themselvesimporters of the allegedly dumped product, the term "domestic industry" maybe interpreted as referring to the rest of the producers;(ii) in exceptional circumstances the territory of a Member may, for the production in question, be divided into two or more competitive markets and theproducers within each market may be regarded as a separate industry if (a) theproducers within such market sell all or almost all of their production of theproduct in question in that market, and (b) the demand in that market is not toany substantial degree supplied by producers of the product in questionlocated elsewhere in the territory. In such circumstances, injury may be foundto exist even where a major portion of the total domestic industry is not injured,provided there is a concentration of dumped imports into such an isolatedmarket and provided further that the dumped imports are causing injury to theproducers of all or almost all of the production within such market.4.2 When the domestic industry has been interpreted as referring to the producers in a certain area, i.e. a market as defined in paragraph 1(ii), anti-dumping duties shall be levied12 only on the products in question consigned for final consumption to that area. When the constitutional law of the importing Member does not permit the levying of anti-dumping duties on such a basis, the importing Member may levy the anti-dumping duties without limitation only if (a) the exporters shall have been given an opportunity to cease exporting at dumped prices to the area concerned or otherwise give assurances pursuant to Article 8 and adequate assurances in this regard have not been promptly given, and (b) such duties cannot be levied only on products of specific producers which supply the area in question.4.3 Where two or more countries have reached under the provisions of paragraph 8(a) of Article XXIV of GATT 1994 such a level of integration that they have the characteristics of a single, unified market, the industry in the entire area of integration shall be taken to be the domestic industry referred to in paragraph 1.4.4 The provisions of paragraph 6 of Article 3 shall be applicable to this Article.11For the purpose of this paragraph, producers shall be deemed to be related to exporters or importers only if (a) one of them directly or indirectly controls the other; or (b) both of them are directly or indirectly controlled by a third person; or (c) together they directly or indirectly control a third person, provided that there are grounds for believing or suspecting that the effect of the relationship is such as to cause the producer concerned to behave differently from non-related producers. For the purpose of this paragraph, one shall be deemed to control another when the former is legally or operationally in a position to exercise restraint or direction over the latter.12As used in this Agreement "levy" shall mean the definitive or final legal assessment or collection of a duty or tax.Article 5Initiation and Subsequent Investigation5.1 Except as provided for in paragraph 6, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written application by or on behalf of the domestic industry.5.2 An application under paragraph 1 shall include evidence of (a) dumping, (b) injury within the meaning of Article VI of GATT 1994 as interpreted by this Agreement and (c) a causal link between the dumped imports and the alleged injury. Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirements of this paragraph. The application shall contain such information as is reasonably available to the applicant on the following:(i) the identity of the applicant and a description of the volume and value of thedomestic production of the like product by the applicant. Where a writtenapplication is made on behalf of the domestic industry, the application shallidentify the industry on behalf of which the application is made by a list of allknown domestic producers of the like product (or associations of domesticproducers of the like product) and, to the extent possible, a description of thevolume and value of domestic production of the like product accounted for bysuch producers;(ii) a complete description of the allegedly dumped product, the names of the country or countries of origin or export in question, the identity of each knownexporter or foreign producer and a list of known persons importing theproduct in question;(iii) information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of originor export (or, where appropriate, information on the prices at which theproduct is sold from the country or countries of origin or export to a thirdcountry or countries, or on the constructed value of the product) andinformation on export prices or, where appropriate, on the prices at which theproduct is first resold to an independent buyer in the territory of the importingMember;(iv) information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic marketand the consequent impact of the imports on the domestic industry, asdemonstrated by relevant factors and indices having a bearing on the state ofthe domestic industry, such as those listed in paragraphs 2 and 4 of Article 3.5.3 The authorities shall examine the accuracy and adequacy of the evidence provided in the application to determine whether there is sufficient evidence to justify the initiation of an investigation.5.4 An investigation shall not be initiated pursuant to paragraph 1 unless the authorities have determined, on the basis of an examination of the degree of support for, or opposition to, the application expressed13by domestic producers of the like product, that the application has been made by or on behalf of the domestic industry.14The application shall be considered to have been made "by or on behalf of the domestic industry" if it is supported by those domestic producers whose collective output constitutes more than 50 per cent of the total production of the like product produced by that portion of the domestic industry expressing either support for or opposition to the application. However, no investigation shall be initiated when domestic producers expressly supporting the application account for less than 25 per cent of total production of the like product produced by the domestic industry.5.5 The authorities shall avoid, unless a decision has been made to initiate an investigation, any publicizing of the application for the initiation of an investigation. However, after receipt of a properly documented application and before proceeding to initiate an investigation, the authorities shall notify the government of the exporting Member concerned.5.6 If, in special circumstances, the authorities concerned decide to initiate an investigation without having received a written application by or on behalf of a domestic industry for the initiation of such investigation, they shall proceed only if they have sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify the initiation of an investigation.5.7 The evidence of both dumping and injury shall be considered simultaneously (a) in the decision whether or not to initiate an investigation, and (b) thereafter, during the course of the investigation, starting on a date not later than the earliest date on which in accordance with the provisions of this Agreement provisional measures may be applied.5.8 An application under paragraph 1 shall be rejected and an investigation shall be terminated promptly as soon as the authorities concerned are satisfied that there is not sufficient evidence of either dumping or of injury to justify proceeding with the case. There shall be immediate termination in cases where the authorities determine that the margin of dumping is de minimis, or that the volume of dumped imports, actual or potential, or the injury, is negligible. The margin of dumping shall be considered to be de minimis if this margin is less than 2 per cent, expressed as a percentage of the export price. The volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less than 3 per cent of imports of the like product in the importing Member, unless countries which individually account for less than 3 per cent of the imports of the like product in the importing Member collectively account for more than 7 per cent of imports of the like product in the importing Member.5.9 An anti-dumping proceeding shall not hinder the procedures of customs clearance.5.10 Investigations shall, except in special circumstances, be concluded within one year, and in no case more than 18 months, after their initiation.13In the case of fragmented industries involving an exceptionally large number of producers, authorities may determine support and opposition by using statistically valid sampling techniques.14Members are aware that in the territory of certain Members employees of domestic producers of the like product or representatives of those employees may make or support an application for an investigation under paragraph 1.Article 6Evidence6.1 All interested parties in an anti-dumping investigation shall be given notice of the information which the authorities require and ample opportunity to present in writing all evidence which they consider relevant in respect of the investigation in question.6.1.1 Exporters or foreign producers receiving questionnaires used in ananti-dumping investigation shall be given at least 30 days for reply.15Dueconsideration should be given to any request for an extension of the 30-dayperiod and, upon cause shown, such an extension should be granted wheneverpracticable.6.1.2 Subject to the requirement to protect confidential information, evidencepresented in writing by one interested party shall be made availablepromptly to other interested parties participating in the investigation.6.1.3 As soon as an investigation has been initiated, the authorities shall provide thefull text of the written application received under paragraph 1 of Article 5 tothe known exporters16and to the authorities of the exporting Member andshall make it available, upon request, to other interested parties involved.Due regard shall be paid to the requirement for the protection of confidentialinformation, as provided for in paragraph 5.6.2 Throughout the anti-dumping investigation all interested parties shall have a full opportunity for the defence of their interests. To this end, the authorities shall, on request, provide opportunities for all interested parties to meet those parties with adverse interests, so that opposing views may be presented and rebuttal arguments offered. Provision of such opportunities must take account of the need to preserve confidentiality and of the convenience to the parties. There shall be no obligation on any party to attend a meeting, and failure to do so shall not be prejudicial to that party's case. Interested parties shall also have the right, on justification, to present other information orally.6.3 Oral information provided under paragraph 2 shall be taken into account by the authorities only in so far as it is subsequently reproduced in writing and made available to other interested parties, as provided for in subparagraph 1.2.6.4 The authorities shall whenever practicable provide timely opportunities for all interested parties to see all information that is relevant to the presentation of their cases, that is not confidential as defined in paragraph 5, and that is used by the authorities in an anti-dumping investigation, and to prepare presentations on the basis of this information.6.5 Any information which is by nature confidential (for example, because its disclosure would be of significant competitive advantage to a competitor or because its disclosure would have a significantly adverse effect upon a person supplying the information or upon a person15As a general rule, the time-limit for exporters shall be counted from the date of receipt of the questionnaire, which for this purpose shall be deemed to have been received one week from the date on which it was sent to the respondent or transmitted to the appropriate diplomatic representative of the exporting Member or, in the case of a separate customs territory Member of the WTO, an official representative of the exporting territory.16It being understood that, where the number of exporters involved is particularly high, the full text of the written application should instead be provided only to the authorities of the exporting Member or to the relevant trade association.。
《倾销反倾销》PPT课件
精选PPT
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What can we do?
• For the government
• establish an early warning mechanism of anti-dumping建立反倾销的预警机制
• conduct the rewards and punishments mechanism ,encourage the enterprise to
Definition of dumping
正常价格
– “… a product is to be considered as being dumped, i.e. introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product出口价格 when destined for consumption in the exporting cThoeupnricteryis”no.t distorted
精选PPT8Fra bibliotekTire dispute
• President Obama on September 11, 2009 decided to impose a threeyear implementation punitive tariff on the imported tire of China. The federal trade panel recommended a 55 percent tariff in the first year, 45 percent in the second year and 35 percent in the third year,
反倾销、反补贴、保障和特殊情况处理等(中英文对照)
反倾销、反补贴、保障和特殊情况处理等（中英文对照）Anti-dumping, Subsidies, Safeguards,Contingencies, etc反倾销、反补贴、保障和特殊情况处理等英文来源：/english/thewto_e/whatis_e/tif_e/agrm8_e.htmBinding tariffs, and applying them equally to all trading partners (most-favoured-nation treatment, or MFN) are key to the smooth flow of trade in goods.约束关税及将其在全体贸易成员国之间平等地适用（即最惠国待遇，简称MFN）是保证商品交易过程畅通的关键。
The WTO agreementsuphold the principles, but they also allow exceptions — in some circumstances. Three of these issues are:世贸协议秉持着这些原则，但有时也有例外。
例如以下三种情况：actions taken against dumping (selling at an unfairly low price)1.反倾销（以不公平的低价出售商品的行为）措施；subsidies and special “countervailing” duties to offset the subsidies1.贸易补贴以及为抵消贸易补贴而征收的“反补贴”关税；emergency measures to limit imports temporarily, d esigned to “safeguard”domestic industries.1.为暂时限制进口以“保护”国内产业而采取的紧急应对措施。
Anti-dumping actions反倾销措施If a company exports a product at a price lower than the price it normally charges on its own home market, it is said to be “dumping” the product.如果某一公司以低于其在国内市场正常出售的价格出口某一产品，我们就称其“倾销”该产品。
倾销与反倾销措施外文翻译(可编辑)
倾销与反倾销措施外文翻译（可编辑）倾销与反倾销措施外文翻译外文翻译原文Dumping and Anti-dumping MeasuresMaterial Source: international economics,July1984 Author: RichardSenti ZurichIn recent times, the number of dumping actions has shown a striking correlation with the respective level of economic activity, Thefollowing observations convey an overall picture of the dumping actions currently pending and the anti-dumping measures implemented, and lookinto the current problems faced by the international anti-dumping system.For years, dumping actions have been at the centre of discussions in the trade negotiations between the US, Canada, Japan and the member countries of the EC. At the end of 1977, there were twenty dumpingactions in progress in the USA. Tension eased in 1978 following the introduction of the trigger price system to regulate steel imports On confirmation of the modified cost criterion in the US Trade Act of 1979, the US steel firms once again took action against the EC steel producers. In 1980, the trigger price system briefly became temporarily inoperative but was applied again the same year with added force. Nevertheless, more dumpingactions followed,particularly in the years 1981 and 1982 At the beginning of 1983, the GATT Committee on Anti-Dumping Questions published a summary of theanti-dumping proceedings instituted during recent years in the USA, EC, Finland, Canada, Austria and Sweden,the provisional and definitive counter-measures and the price agreements reached cf. Table 1.The majority of actions are directed at the industrialised nations and only a few against the developing countries. Neither withdrawn actions nor those which resulted in a negative decision are included in these figures.Table 2 shows between which trade partners dumping negotiations took place during the years 1981/82, i.e. which countries instituted proceedings and which were sitting in the dock as far as was reported to GATT.US Anti-Dumping Legislation as a BasisIn 1945, immediately after the end of the war, the US State Department published the first proposals for a newworld trade order. According to these proposals, the members of an international trade organisation still to be created should, among other things,undertake "to 188 subscribe to a general definition of the circumstances under which anti-dumping and countervailing duties may properly be applied to products imported from other members".Only a year later, the Americans submitted the Charter for the Creation of an International Trade Organisation containing concretesuggestions on the anti-dumping settlement s which were later adopted by the Havana Charter s and GATT without undergoing significant alterations. Both the basic concept and many individual provisions are in line with the American antidumping legislation of that time.The first US anti-dumping provisions are to be found in the Revenue Act of 1916. 7 According to this law, the Americans imposed something akin to a fine 8 if 1 imports were offered in the USA at a lower price than in the country of origin and 2 as a result American industry was exposed to serious danger intent to destroy or injure. The two criteria "underpricing" and "infliction of damage" were later adopted by the actual anti-dumping laws of 1921 and 19309 and still apply todayfollowing the supplements and refinements made in 1974 and 1979.According to American Law of 1921 and 1930, dumping has occurred if the goods are offered more cheaply in the USA than on the home market price criterion. - Or, where there are no sales on the home market, if the goods are offered more cheaply in the USA than in a third country modified price criterion. - In case no sales are offered outside the country of destination, if the goods are exported below the costs of manufacture in the producing country cost criterion.The legal amendments of 1974 and 1979 brought with them an extension of the cost criterion to cover cases in which the domestic sales prices in the country of origin no longer cover the costs of productionOrigin of GATT Provisions and Anti-Dumping ConventionIn discussions surrounding the reshaping of the world trading system, 12 several delegates demanded going beyond the US regulation of price dumping of that time and incorporating service, exchange-rate and social dumping. Service dumping revolves around freight costs, i.e. the cheapening of exports by way of dumped transport services. Exchange-rate dumping is the cheapening of exports in the form of parity guaranteesand foreign exchange allowances. 13 Social dumping is constituted in cases where products from prison camps or prisons find their way ontothe world market at prices with which private entrepreneurs cannot compete. The negotiating delegations finally agreed on the price dumping in line with the US proposal.There were initial differences of opinion regarding the extent ofthe damage necessary for counter-measures to be taken. Must serious, material or indeterminate injury occur before counter-measures can be taken? Does the difference between domestic price and export price have to reach certain dimensions e.g. at least 5 % of the domestic price before counter-measures can be justified? Can serious injury caused be responded to with something like a punitive measure? Must the approvalof the ITO or of the contracting parties to GATT be obtained before counter-measuresare taken? The formulation finally agreed upon states thatcountermeasures may only be taken if the contracting partyestablishes "that the effect of the dumping.., is such as to cause orthreaten material injury to an established domestic industry, or is such as to retard materially the establishment of a domestic industry". TM In 1955, Article VI of GATT was supplemented the first and only amendment to the GATT wording on dumping to the effect that in cases where delay might cause "damage that would be difficult to repair", immediate measures are permitted without the need to seek the prior consent of the contracting parties to GATT. 15The dumping question experienced a revival during the Kennedy Round between 1964 and 1967. TheAmericans had tried to include also non-tariff barriers in the trade talks. Subsequently, they realised much to their annoyance that the negotiating parties werespotlighting the verybarriers to trade which applied in the USA, above all the US anti-dumping law. After brief hesitation, the Americans attempted to turn the antidumping controversy in their favour with the help of a detailed regulation. Thus emerged the Anti-Dumping Code of 1967 which, althoughit ties the Americans' hands in many a procedural question, otherwise hitsparticularly hard at Canada and Great Britain.Canada's anti-dumping legislation up to that time did not conform to GATT in that the taking of anti-dumping measures was not bound to the precondition of economic damage. Also in Great Britain - accordingto the American view- anti-dumping measures at that time were being misused for the protection of the domestic economy. From the US perspective, the advantages associated with the Anti-Dumping Codeoutweighed the resultant disadvantages which it was felt had to be accepted.The "Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade Anti-Dumping Code" is dated 30th June, 1967.16 During the Tokyo Round, the 1967 Anti-Dumping Code underwent a two-fold amendment: firstly, there was the question of demarcation vis-a-vis the Code on Subsidies and Countervailing Duties which was in the process of formation; 17 secondly, changes were made to the existing agreement in terms of ascertainment of damage Art. 3: 1-4, theprivileged position of the developing countries Art. 13 and consultations, arbitration and settlement of disputes Art. 15. 18 The currently valid agreement on anti-dumping was reached on 12th April 1979 in Geneva. ~9 Wherever the antidumping agreement is mentioned in the following, reference is being made to the currently valid version of 1979.Definition of DumpingIn imitation of the American legal system of the 20s and 30s, GATT speaks of dumping when products of the same kind "of one country are introduced into the commerce of another country at less than the normal value of the products". Hence,dumping means that the "normal" domestic value of an article exceeds its export value. How does GATT define the "normal" domestic value? When is a product "of the same kind" when compared with another? How should we interpret export value?The "normal" value of an article is undercut according to Art. VI:Iof GATT "if the price of the product exported from one country toanother a is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in theexporting country, or b in the absence of such domestic price, is less than either i the highest comparable price for the like product forexport to any third country in the ordinary course of trade, or ii the cost of proddction of the product in the country of origin plus a reasonable addition for selling cost and profit".Differences in terms and conditions of sale, varying taxation andother differentials influencing the price are to be given "due" consideration. On the other hand, however, if export prices are lower because of the reimbursement of domestic duties and taxes e.g. by way of the reimbursement of VAT, this does not, according to GATT, constitute dumping which would justify counter-measures. The "normal" domesticvalue is taken to be exclusive of duties and taxes The GATT definitionof dumping applies to all countries which are signatories to GATT -apart from one important exception. The US anti-dumping law contains divergent and partly narrower provisions than GATT in two specific areas: Should the export product come to be sold in the country of origin, GATT says that dumping is to be determined according to the pricecriterion irrespective of the extent of the costs of manufacture. According to American law, however, the costs of manufacture can also be taken into consideration as well as the domestic price. The costcriterion shall apply in cases where there is good reason to supposethat the domestic price remains lower than the costs of manufacture for substantial quantities of merchandise over a relatively long period of time In this way, the Americans succeed in shielding the market from merchandise which has been falsely priced as a result of any production cost contributions, or in taxing them with anti-dumping duties. They refute the GATT contravention of which they are accused with the argument that GATT talks in terms of "normal" domestic prices. Normal prices, however, cannot be lower than costs of manufacture over longer periods. This is why, in the case of price undercutting over longer periods, the cost criterion should be applied In applying the cost criterion, the export prices are, according to GATT, to be compared with the cost of production "plus a reasonable addition for selling cost and profit". The addition for profit "shall not exceed the profit normally realised on sales of products of the same general category in the domestic market of the country of origin". By way of contrast, the US anti-dumping law defines the costs taken as a basis for comparison as follows: 1 material andproduction costs, 2overheads of not less than 10 % of the material and production costs, 3 profit margin of not less than 8 % of the costs mentioned in points 1 and 2, and 4 packing and loading expenses as defined under the f.o.b, price.When are goods described as being of the same kind? The American proposal of 1 946 for the creation of a world trade organisation spokeof the "like" and "similar" products. 26 During the subsequent negotiations it was decided to limit the definition to "like" products, products which are identical, homogeneous In practice, however, this terminology proved to be impracticable. Slight divergences of quality or differing forms or colourings do not rule out competition nor hence the possibility of dumping. To make allowance for this fact, the Anti-dumping Code holds that such goods are also included which "although not alike in all respects, have characteristics closely resembling those of the product under consideration"译文倾销与反倾销措施资料来源: 国际经济学,1984年7月作者:Richard Senti Zurich在最近的时代,倾销行动的次数已经呈现出与各自的经济活动水平显着相关性,以下意见反映了目前未决诉讼和反倾销措施实施的总体情况,并查看到当前面临的国际反倾销制度问题。
中华人民共和国反倾销条例(英文)
1. where there is a purchase price that has been paid or a purchase price that is payable for the imported product， that price shall be the export price； or
中华人民共和国反倾销条例（修正） State Council, PRC Anti-dumping Regulations (Revised)1
国务院令第401号
（Promulgated by the State Council on 26 November 2001， revised according to the > Decision> on 31 March 2004， and effective as of 1 June 2004.）
2. where there are no sales of the product that is the same as the imported product in the market of the country （region） of export in the ordinary course of trade， or the price or quantity of such product cannot be compared with that of the imported product on a fair basis， the comparable price for export of the product to a proper third country （region）， or the cost of the same product in the original country （region） of its production plus reasonable expenses and profit， shall be the normal value.
反倾销协议英文版
AGREEMENT ON IMPLEMENTATION OF ARTICLE VIOF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members hereby agree as follows:PART IArticle 1PrinciplesAn anti-dumping measure shall be applied only under the circumstances provided for in Article VI of GATT 1994 and pursuant to investigations initiated1and conducted in accordance with the provisions of this Agreement. The following provisions govern the application of Article VI of GATT 1994 in so far as action is taken under anti-dumping legislation or regulations.Article 2Determination of Dumping2.1 For the purpose of this Agreement, a product is to be considered as being dumped, i.e. introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country.2.2 When there are no sales of the like product in the ordinary course of trade in the domestic market of the exporting country or when, because of the particular market situation or the low volume of the sales in the domestic market of the exporting country2, such sales do not permit a proper comparison, the margin of dumping shall be determined by comparison with a comparable price of the like product when exported to an appropriate third country, provided that this price is representative, or with the cost of production in the country of origin plus a reasonable amount for administrative, selling and general costs and for profits.2.2.1 Sales of the like product in the domestic market of the exporting country orsales to a third country at prices below per unit (fixed and variable) costs ofproduction plus administrative, selling and general costs may be treated asnot being in the ordinary course of trade by reason of price and may bedisregarded in determining normal value only if the authorities3determine1The term "initiated" as used in this Agreement means the procedural action by which a Member formally commences an investigation as provided in Article 5.2Sales of the like product destined for consumption in the domestic market of the exporting country shall normally be considered a sufficient quantity for the determination of the normal value if such sales constitute 5 per cent or more of the sales of the product under consideration to the importing Member, provided that a lower ratio should be acceptable where the evidence demonstrates that domestic sales at such lower ratio are nonetheless of sufficient magnitude to provide for a proper comparison.3When in this Agreement the term "authorities" is used, it shall be interpreted as meaning authorities at an appropriatethat such sales are made within an extended period of time4in substantialquantities5and are at prices which do not provide for the recovery of all costswithin a reasonable period of time. If prices which are below per unit costs atthe time of sale are above weighted average per unit costs for the period ofinvestigation, such prices shall be considered to provide for recovery of costswithin a reasonable period of time.2.2.1.1 For the purpose of paragraph 2, costs shall normally be calculated onthe basis of records kept by the exporter or producer underinvestigation, provided that such records are in accordance withthe generally accepted accounting principles of the exportingcountry and reasonably reflect the costs associated with theproduction and sale of the product under consideration.Authorities shall consider all available evidence on the properallocation of costs, including that which is made available by theexporter or producer in the course of the investigationprovided that such allocations have been historically utilized bythe exporter or producer, in particular in relation toestablishing appropriate amortization and depreciation periodsand allowances for capital expenditures and otherdevelopment costs. Unless already reflected in the costallocations under this sub-paragraph, costs shall be adjustedappropriately for those non-recurring items of cost whichbenefit future and/or current production, or for circumstancesin which costs during the period of investigation are affected bystart-up operations.62.2.2 For the purpose of paragraph 2, the amounts for administrative, selling andgeneral costs and for profits shall be based on actual data pertaining toproduction and sales in the ordinary course of trade of the like product by theexporter or producer under investigation. When such amounts cannot bedetermined on this basis, the amounts may be determined on the basis of:(i) the actual amounts incurred and realized by the exporter or producer inquestion in respect of production and sales in the domestic market ofthe country of origin of the same general category of products;(ii) the weighted average of the actual amounts incurred and realized byother exporters or producers subject to investigation in respect ofproduction and sales of the like product in the domestic market of thecountry of origin;(iii) any other reasonable method, provided that the amount for profit sosenior level.4The extended period of time should normally be one year but shall in no case be less than six months.5Sales below per unit costs are made in substantial quantities when the authorities establish that the weighted average selling price of the transactions under consideration for the determination of the normal value is below the weighted average per unit costs, or that the volume of sales below per unit costs represents not less than 20 per cent of the volume sold in transactions under consideration for the determination of the normal value.6The adjustment made for start-up operations shall reflect the costs at the end of the start-up period or, if that period extends beyond the period of investigation, the most recent costs which can reasonably be taken into account by the authorities during the investigation.established shall not exceed the profit normally realized by otherexporters or producers on sales of products of the same generalcategory in the domestic market of the country of origin.2.3 In cases where there is no export price or where it appears to the authorities concerned that the export price is unreliable because of association or a compensatory arrangement between the exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the imported products are first resold to an independent buyer, or if the products are not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis as the authorities may determine.2.4 A fair comparison shall be made between the export price and the normal value. This comparison shall be made at the same level of trade, normally at the ex-factory level, and in respect of sales made at as nearly as possible the same time. Due allowance shall be made in each case, on its merits, for differences which affect price comparability, including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which are also demonstrated to affect price comparability.7In the cases referred to in paragraph 3, allowances for costs, including duties and taxes, incurred between importation and resale, and for profits accruing, should also be made. If in these cases price comparability has been affected, the authorities shall establish the normal value at a level of trade equivalent to the level of trade of the constructed export price, or shall make due allowance as warranted under this paragraph. The authorities shall indicate to the parties in question what information is necessary to ensure a fair comparison and shall not impose an unreasonable burden of proof on those parties.2.4.1 When the comparison under paragraph 4 requires a conversion of currencies,such conversion should be made using the rate of exchange on the date ofsale8, provided that when a sale of foreign currency on forward markets isdirectly linked to the export sale involved, the rate of exchange in the forwardsale shall be used. Fluctuations in exchange rates shall be ignored and in aninvestigation the authorities shall allow exporters at least 60 days to haveadjusted their export prices to reflect sustained movements in exchange ratesduring the period of investigation.2.4.2 Subject to the provisions governing fair comparison in paragraph 4, theexistence of margins of dumping during the investigation phase shall normallybe established on the basis of a comparison of a weighted average normal valuewith a weighted average of prices of all comparable export transactions or by acomparison of normal value and export prices on a transaction-to-transactionbasis. A normal value established on a weighted average basis may becompared to prices of individual export transactions if the authorities find apattern of export prices which differ significantly among different purchasers,regions or time periods, and if an explanation is provided as to why suchdifferences cannot be taken into account appropriately by the use of a weightedaverage-to-weighted average or transaction-to-transaction comparison.2.5 In the case where products are not imported directly from the country of origin but are exported to the importing Member from an intermediate country, the price at which the7It is understood that some of the above factors may overlap, and authorities shall ensure that they do not duplicate adjustments that have been already made under this provision.8Normally, the date of sale would be the date of contract, purchase order, order confirmation, or invoice, whichever establishes the material terms of sale.products are sold from the country of export to the importing Member shall normally be compared with the comparable price in the country of export. However, comparison may be made with the price in the country of origin, if, for example, the products are merely transshipped through the country of export, or such products are not produced in the country of export, or there is no comparable price for them in the country of export.2.6 Throughout this Agreement the term "like product" ("produit similaire") shall be interpreted to mean a product which is identical, i.e. alike in all respects to the product under consideration, or in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.2.7 This Article is without prejudice to the second Supplementary Provision to paragraph 1 of Article VI in Annex I to GATT 1994.Article 3Determination of Injury93.1 A determination of injury for purposes of Article VI of GATT 1994 shall be based on positive evidence and involve an objective examination of both (a) the volume of the dumped imports and the effect of the dumped imports on prices in the domestic market for like products, and (b) the consequent impact of these imports on domestic producers of such products.3.2 With regard to the volume of the dumped imports, the investigating authorities shall consider whether there has been a significant increase in dumped imports, either in absolute terms or relative to production or consumption in the importing Member. With regard to the effect of the dumped imports on prices, the investigating authorities shall consider whether there has been a significant price undercutting by the dumped imports as compared with the price of a like product of the importing Member, or whether the effect of such imports is otherwise to depress prices to a significant degree or prevent price increases, which otherwise would have occurred, to a significant degree. No one or several of these factors can necessarily give decisive guidance.3.3 Where imports of a product from more than one country are simultaneously subject to anti-dumping investigations, the investigating authorities may cumulatively assess the effects of such imports only if they determine that (a) the margin of dumping established in relation to the imports from each country is more than de minimis as defined in paragraph 8 of Article 5 and the volume of imports from each country is not negligible and (b)a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product.3.4 The examination of the impact of the dumped imports on the domestic industry concerned shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the industry, including actual and potential decline in sales, profits, output, market share, productivity, return on investments, or utilization of capacity; factors affecting domestic prices; the magnitude of the margin of dumping; actual and potential9Under this Agreement the term "injury" shall, unless otherwise specified, be taken to mean material injury to a domestic industry, threat of material injury to a domestic industry or material retardation of the establishment of such an industry and shall be interpreted in accordance with the provisions of this Article.negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital or investments. This list is not exhaustive, nor can one or several of these factors necessarily give decisive guidance.3.5 It must be demonstrated that the dumped imports are, through the effects of dumping, as set forth in paragraphs 2 and 4, causing injury within the meaning of this Agreement. The demonstration of a causal relationship between the dumped imports and the injury to the domestic industry shall be based on an examination of all relevant evidence before the authorities. The authorities shall also examine any known factors other than the dumped imports which at the same time are injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the dumped imports. Factors which may be relevant in this respect include, inter alia, the volume and prices of imports not sold at dumping prices, contraction in demand or changes in the patterns of consumption, trade restrictive practices of and competition between the foreign and domestic producers, developments in technology and the export performance and productivity of the domestic industry.3.6 The effect of the dumped imports shall be assessed in relation to the domestic production of the like product when available data permit the separate identification of that production on the basis of such criteria as the production process, producers' sales and profits. If such separate identification of that production is not possible, the effects of the dumped imports shall be assessed by the examination of the production of the narrowest group or range of products, which includes the like product, for which the necessary information can be provided.3.7 A determination of a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility. The change in circumstances which would create a situation in which the dumping would cause injury must be clearly foreseen and imminent.10 In making a determination regarding the existence of a threat of material injury, the authorities should consider, inter alia, such factors as:(i) a significant rate of increase of dumped imports into the domestic marketindicating the likelihood of substantially increased importation;(ii) sufficient freely disposable, or an imminent, substantial increase in, capacity of the exporter indicating the likelihood of substantially increased dumpedexports to the importing Member's market, taking into account the availabilityof other export markets to absorb any additional exports;(iii) whether imports are entering at prices that will have a significant depressing or suppressing effect on domestic prices, and would likely increase demand forfurther imports; and(iv) inventories of the product being investigated.No one of these factors by itself can necessarily give decisive guidance but the totality of the factors considered must lead to the conclusion that further dumped exports are imminent and that, unless protective action is taken, material injury would occur.3.8 With respect to cases where injury is threatened by dumped imports, the application of10One example, though not an exclusive one, is that there is convincing reason to believe that there will be, in the near future, substantially increased importation of the product at dumped prices.anti-dumping measures shall be considered and decided with special care.Article 4Definition of Domestic Industry4.1 For the purposes of this Agreement, the term "domestic industry" shall be interpreted as referring to the domestic producers as a whole of the like products or to those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products, except that:(i) when producers are related11to the exporters or importers or are themselvesimporters of the allegedly dumped product, the term "domestic industry" maybe interpreted as referring to the rest of the producers;(ii) in exceptional circumstances the territory of a Member may, for the production in question, be divided into two or more competitive markets and theproducers within each market may be regarded as a separate industry if (a) theproducers within such market sell all or almost all of their production of theproduct in question in that market, and (b) the demand in that market is not toany substantial degree supplied by producers of the product in questionlocated elsewhere in the territory. In such circumstances, injury may be foundto exist even where a major portion of the total domestic industry is not injured,provided there is a concentration of dumped imports into such an isolatedmarket and provided further that the dumped imports are causing injury to theproducers of all or almost all of the production within such market.4.2 When the domestic industry has been interpreted as referring to the producers in a certain area, i.e. a market as defined in paragraph 1(ii), anti-dumping duties shall be levied12 only on the products in question consigned for final consumption to that area. When the constitutional law of the importing Member does not permit the levying of anti-dumping duties on such a basis, the importing Member may levy the anti-dumping duties without limitation only if (a) the exporters shall have been given an opportunity to cease exporting at dumped prices to the area concerned or otherwise give assurances pursuant to Article 8 and adequate assurances in this regard have not been promptly given, and (b) such duties cannot be levied only on products of specific producers which supply the area in question.4.3 Where two or more countries have reached under the provisions of paragraph 8(a) of Article XXIV of GATT 1994 such a level of integration that they have the characteristics of a single, unified market, the industry in the entire area of integration shall be taken to be the domestic industry referred to in paragraph 1.4.4 The provisions of paragraph 6 of Article 3 shall be applicable to this Article.11For the purpose of this paragraph, producers shall be deemed to be related to exporters or importers only if (a) one of them directly or indirectly controls the other; or (b) both of them are directly or indirectly controlled by a third person; or (c) together they directly or indirectly control a third person, provided that there are grounds for believing or suspecting that the effect of the relationship is such as to cause the producer concerned to behave differently from non-related producers. For the purpose of this paragraph, one shall be deemed to control another when the former is legally or operationally in a position to exercise restraint or direction over the latter.12As used in this Agreement "levy" shall mean the definitive or final legal assessment or collection of a duty or tax.Article 5Initiation and Subsequent Investigation5.1 Except as provided for in paragraph 6, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written application by or on behalf of the domestic industry.5.2 An application under paragraph 1 shall include evidence of (a) dumping, (b) injury within the meaning of Article VI of GATT 1994 as interpreted by this Agreement and (c) a causal link between the dumped imports and the alleged injury. Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirements of this paragraph. The application shall contain such information as is reasonably available to the applicant on the following:(i) the identity of the applicant and a description of the volume and value of thedomestic production of the like product by the applicant. Where a writtenapplication is made on behalf of the domestic industry, the application shallidentify the industry on behalf of which the application is made by a list of allknown domestic producers of the like product (or associations of domesticproducers of the like product) and, to the extent possible, a description of thevolume and value of domestic production of the like product accounted for bysuch producers;(ii) a complete description of the allegedly dumped product, the names of the country or countries of origin or export in question, the identity of each knownexporter or foreign producer and a list of known persons importing theproduct in question;(iii) information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of originor export (or, where appropriate, information on the prices at which theproduct is sold from the country or countries of origin or export to a thirdcountry or countries, or on the constructed value of the product) andinformation on export prices or, where appropriate, on the prices at which theproduct is first resold to an independent buyer in the territory of the importingMember;(iv) information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic marketand the consequent impact of the imports on the domestic industry, asdemonstrated by relevant factors and indices having a bearing on the state ofthe domestic industry, such as those listed in paragraphs 2 and 4 of Article 3.5.3 The authorities shall examine the accuracy and adequacy of the evidence provided in the application to determine whether there is sufficient evidence to justify the initiation of an investigation.5.4 An investigation shall not be initiated pursuant to paragraph 1 unless the authorities have determined, on the basis of an examination of the degree of support for, or opposition to, the application expressed13by domestic producers of the like product, that the application has been made by or on behalf of the domestic industry.14The application shall be considered to have been made "by or on behalf of the domestic industry" if it is supported by those domestic producers whose collective output constitutes more than 50 per cent of the total production of the like product produced by that portion of the domestic industry expressing either support for or opposition to the application. However, no investigation shall be initiated when domestic producers expressly supporting the application account for less than 25 per cent of total production of the like product produced by the domestic industry.5.5 The authorities shall avoid, unless a decision has been made to initiate an investigation, any publicizing of the application for the initiation of an investigation. However, after receipt of a properly documented application and before proceeding to initiate an investigation, the authorities shall notify the government of the exporting Member concerned.5.6 If, in special circumstances, the authorities concerned decide to initiate an investigation without having received a written application by or on behalf of a domestic industry for the initiation of such investigation, they shall proceed only if they have sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify the initiation of an investigation.5.7 The evidence of both dumping and injury shall be considered simultaneously (a) in the decision whether or not to initiate an investigation, and (b) thereafter, during the course of the investigation, starting on a date not later than the earliest date on which in accordance with the provisions of this Agreement provisional measures may be applied.5.8 An application under paragraph 1 shall be rejected and an investigation shall be terminated promptly as soon as the authorities concerned are satisfied that there is not sufficient evidence of either dumping or of injury to justify proceeding with the case. There shall be immediate termination in cases where the authorities determine that the margin of dumping is de minimis, or that the volume of dumped imports, actual or potential, or the injury, is negligible. The margin of dumping shall be considered to be de minimis if this margin is less than 2 per cent, expressed as a percentage of the export price. The volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less than 3 per cent of imports of the like product in the importing Member, unless countries which individually account for less than 3 per cent of the imports of the like product in the importing Member collectively account for more than 7 per cent of imports of the like product in the importing Member.5.9 An anti-dumping proceeding shall not hinder the procedures of customs clearance.5.10 Investigations shall, except in special circumstances, be concluded within one year, and in no case more than 18 months, after their initiation.13In the case of fragmented industries involving an exceptionally large number of producers, authorities may determine support and opposition by using statistically valid sampling techniques.14Members are aware that in the territory of certain Members employees of domestic producers of the like product or representatives of those employees may make or support an application for an investigation under paragraph 1.Article 6Evidence6.1 All interested parties in an anti-dumping investigation shall be given notice of the information which the authorities require and ample opportunity to present in writing all evidence which they consider relevant in respect of the investigation in question.6.1.1 Exporters or foreign producers receiving questionnaires used in ananti-dumping investigation shall be given at least 30 days for reply.15Dueconsideration should be given to any request for an extension of the 30-dayperiod and, upon cause shown, such an extension should be granted wheneverpracticable.6.1.2 Subject to the requirement to protect confidential information, evidencepresented in writing by one interested party shall be made availablepromptly to other interested parties participating in the investigation.6.1.3 As soon as an investigation has been initiated, the authorities shall provide thefull text of the written application received under paragraph 1 of Article 5 tothe known exporters16and to the authorities of the exporting Member andshall make it available, upon request, to other interested parties involved.Due regard shall be paid to the requirement for the protection of confidentialinformation, as provided for in paragraph 5.6.2 Throughout the anti-dumping investigation all interested parties shall have a full opportunity for the defence of their interests. To this end, the authorities shall, on request, provide opportunities for all interested parties to meet those parties with adverse interests, so that opposing views may be presented and rebuttal arguments offered. Provision of such opportunities must take account of the need to preserve confidentiality and of the convenience to the parties. There shall be no obligation on any party to attend a meeting, and failure to do so shall not be prejudicial to that party's case. Interested parties shall also have the right, on justification, to present other information orally.6.3 Oral information provided under paragraph 2 shall be taken into account by the authorities only in so far as it is subsequently reproduced in writing and made available to other interested parties, as provided for in subparagraph 1.2.6.4 The authorities shall whenever practicable provide timely opportunities for all interested parties to see all information that is relevant to the presentation of their cases, that is not confidential as defined in paragraph 5, and that is used by the authorities in an anti-dumping investigation, and to prepare presentations on the basis of this information.6.5 Any information which is by nature confidential (for example, because its disclosure would be of significant competitive advantage to a competitor or because its disclosure would15As a general rule, the time-limit for exporters shall be counted from the date of receipt of the questionnaire, which for this purpose shall be deemed to have been received one week from the date on which it was sent to the respondent or transmitted to the appropriate diplomatic representative of the exporting Member or, in the case of a separate customs territory Member of the WTO, an official representative of the exporting territory.16It being understood that, where the number of exporters involved is particularly high, the full text of the written application should instead be provided only to the authorities of the exporting Member or to the relevant trade association.。
中华人民共和国反倾销(英文版)
反倾销条例（英文版）Anti-dumping Regulation of T he People’s Republic of ChinaDecree [2001] No.328 of the state CouncilThe Anti-Dumping Regulation of the People’’s Republic of China, which were adopted at the 46th executive meeting of the State Council on October 31, 2001, are hereby promulgated, and shall come into force on January 1, 2001. Premier of the State Council: Zhu RongjiNovember 26, 2001Attachment:Anti-dumping Regulation of the People’’s Republic of ChinaChapter I General ProvisionsArticle 1The present Regulation has been enacted in accordance with the relevant provisions of the Foreign Trade Law of the People’’s Republic of China with a view to maintaining foreign trade order and fair competition.Article 2In case that imported products enter the market of the People’’s Republic of China by way of dumping, and cause material damage or constitute a threat of material damage to an already established domestic industry, or cause a material impediment to the establishment of a domestic industry, an investigation shall be conducted and anti-dumping measures shall be taken in accordance with the present Regulation.Chapter II Dumping and DamageArticle 3The term "dumping" shall refer to the entry of imported products into the market of the Peo ple’’s Republic of China, in the ordinary course of trade, with their export price lower than their normal value. The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) shall be responsible for the investigation on and determination of dumping.Article 4The normal value of imported products shall be determined in the following ways on the basis of different circumstances: (1) in case that the products of the same category as that of the imported products have a comparable price in the domestic market of the exporting country (region) in the ordinary course of trade, that comparable price shall be the normal value;(2) in case that the products of the same category as that of the imported products are not sold on the domestic market of the exporting country (region) in the ordinary course of trade, or the price or quantity of the products of the same category cannot be used as a basis for fair comparison, the normal value shall be the comparable price at which the products of the same category are exported to a proper third country (region) or shall be the production cost of the products of the same category in the country (region) of origin plus reasonable expenses and profits.Where the imported products do not directly come from the country (region) of origin, the normal value shall be determined in accordance with Item (1) of the preceding paragraph; however, if the products are transported only through the exporting country (region) or the products are not produced in the exporting country (region) or no comparable price exists in the exporting country (region), etc., the price of the said products of the same category in the country (region) of origin may be regarded as the normal value.Article 5The export price of the imported products shall be determined in the following ways according to different circumstances: (1) in case the imported products have an actual payment price or a payable price, such price shall be the export price;(2) in case the imported products do not have an export price or its price is not reliable, the price presumed on the basis of the price at which the imported products are re-sold for the first time to an independent buyer shall be regarded as the export price; however, if the imported products are not re-sold to an independent buyer or not re-sold in the status when they are imported, the price presumed by the MOFTEC on a reasonable basis may be regarded as the export price. Article 6The margin between the export price of imported products which is lower than their normal value shall be the dumping margin.The export price of the imported products and the normal value shall be compared in a fair and reasonable manner by taking the various comparable factors which may impact the price into consideration.The dumping margin shall be determined with the weighted average normal value and the weighted average price of all the comparable export transactions being compared, or with the normal value and the export price being compared transaction by transaction.Where the export prices are considerably different between different buyers, regions or periods, and thus are difficult to be compared in the ways provided in the preceding paragraph, the weighted average normal value may be compared with the price of a single export transaction.Article 7The term "damage" shall refer to the fact that dumping has caused material damage or constitute a threat of material damage to an already established domestic industry, or caused a material impediment to the establishment of a domestic industry.The State Economic and Trade Commission (hereinafter referred to as the SETC) shall be responsible for the investigation on and determination of damage; while the anti-dumping investigation on the damage to a domestic industry relating to agricultural products shall be conducted by the SETC in collaboration with the Ministry of Agriculture.Article 8When determining the damage caused to a domestic industry by dumping, the following items shall be examined:(1) the quantity of the dumped imports, including a sharp increase in the absolute quantity of the dumped imports or the quantity as compared with the production or consumption of the domestic products of the same category, or the possibility of a sharp increase in the quantity of the dumped imports;(2) the price of the dumped imports, including the price cuts of the dumped imports or the impacts such as great restraint or reduction, etc. to the price of the domestic products of the same category;(3) the impacts of the dumped imports upon the relevant economic factors and targets of the domestic industry;(4) the production capacity, export capability of the exporting country (region) and the country (region) of origin on the dumped imports as well as the inventory of the investigated products;(5) other factors which cause damage to the domestic industry. The threat of material damage shall be determined on the basis of the facts instead of the accusation, presumption or minor possibility.The damage caused by dumping to a domestic industry shall be determined on the basis of affirmative evidence, and no factor other than dumping which causes damage shall be attributed to dumping.Article 9Where the dumped imports come from two or more countries (regions), and meanwhile meet the following conditions, a cumulative evaluation may be conducted upon the impacts caused by the dumped imports to a domestic industry:(1) the dumping margin of the dumped imports from each country (region) shall be no lower than 2%, and the import volume of the products may not be negligible;(2) it is proper to conduct a cumulative evaluation on the basis of the competition conditions between the dumpedimports as well as between the dumped imports and the domestic products of the same category.The term "to be negligible" shall refer to the fact that the proportion of the quantity of the dumped imports from a country (region) to the total import volume of products of the same category shall be lower than 3%; except where the total import volume lower than 3% from some countries (regions) exceeds 7% of the total import volume of the products of the same category.Article 10The evaluated impacts on the dumped imports shall be separately determined with regard to the production of the domestic products of the same category; where they may not be separately determined with regard to the production of the domestic products of the same category, the production of the narrowest product group or scope which includes the products of the same category shall be examined.Article 11Th e term "domestic industry" shall refer to all the manufacturers within the People’’s Republic of China of the domestic products of the same category or the manufacturers within the People’’s Republic of China whose total output accounts for the major part of the aggregate output of the domestic products of the same category; however, if a domestic manufacturer is associated with an export business operator or import business operator, or he himself is an import business operator of the dumped imports, he may be excluded from the domestic industry.Where, under particular circumstances, the domestic manufacturers in a regional market sell the whole or nearly the whole of the products of the same category in the said market, and the products of the same category in the said market are not mainly supplied by the domestic manufacturers of other places, they may be regarded as a separate industry. Article 12The term "products of the same category" shall refer to the products identical to the dumped imports; where there are no identical products, the products which are most similar to the features of the dumped imports shall be the products of the same category.Chapter III Anti-Dumping InvestigationsArticle 13A domestic industry or a natural person, legal person or relevant organization representing a domestic industry (hereinafter uniformly referred to as the applicant) may file a written application on anti-dumping investigation to the MOFTEC in accordance with these Rules.Article 14The application letter shall contain the following contents:(1) name, address and relevant information of the applicant;(2) complete specifications on the imported products under application for investigation, including product name, the exporting country (region) or country (region) of origin involved, the known export business operator or manufacturer, information on the price of the products when they are consumed in the domestic market of the exporting country (region) or country (region) of origin, information on export price, etc.;(3) a statement on the quantity and value of the domestic products of the same category;(4) the impacts of the quantity and price of the imported products under application for investigation on the domestic industry;(5) other contents which the applicant considers it necessary to state.Article 15The application letter shall be attached with the following evidence:(1) the existence of dumping of the imported products under application for investigation;(2) the damage to domestic industry;(3) the causal link between the dumping and damage.Article 16The MOFTEC shall, within 60 days as of its receipt of the application letter and the relevant evidence submitted by the applicant, examine whether the application is filed by the domestic industry or filed by representing the domestic industry, the contents of the application letter and the evidence attached to it, etc., and shall, upon consultation with the SETC, decide to initiate an investigation or not.The MOFTEC shall, before deciding to initiate an investigation, notify the government of the relevant exporting country (region).Article 17Where, among the manufacturers in a domestic industry who are in favor or disfavor of the application, the output of those who are in favor accounts for 50% or more of the total output of those who are in favor and disfavor, it shall be deemed that the application is filed by the domestic industry or filed by representing the domestic industry, and the anti-dumping investigation may be initiated; however, if the output of the domestic manufacturers who support the application is less than 25% of the total output of the domestic products of the same category, the anti-dumping investigation shall not be initiated.Article 18Where, under particular circumstances, the MOFTEC does not accept the written application for anti-dumping investigation, but has sufficient evidence to believe that there exist a dumping and damages and there is a causal link between the dumping and damages, it may, upon consultation with the SETC, decide to initiate an investigation.The MOFTEC or the SETC is hereinafter uniformly referred to as the investigation organ.Article 19The decisions on initiating an investigation shall be announced by the MOFTEC, and shall be notified to the applicant, the known export business operators and import business operators, the government of the exporting country (region) as well as other interested organizations or individuals (hereinafter uniformly referred to as the interested parties).Once the decisions on initiating an investigation is announced, the MOFTEC shall provide the known export business operators and the government of the exporting country (region) with a copy of the application letter.Article 20The investigation organ may obtain information from the interested parties and conduct the investigation by means of questionnaires, samples, hearings and on-the-spot checks, etc..The investigation organ shall provide the relevant interested parties with opportunities for stating their viewpoints and grounds of argument.The MOFTEC may, when considering it necessary, send functionaries to the relevant country (region) for conducting the investigation, except where the relevant country (region) concerned objects to the investigation.Article 21When the investigation organ is conducting an investigation, the interested parties shall tell the truth and provide relevant materials. Where the interested parties fail to tell the truth or fail to provide relevant materials, or fail to provide necessary information within a reasonable time limit, or seriously hamper the investigation in other forms, the investigation organ may make an adjudication on the basis of the already obtained facts and the best available information.Article 22Where the interested parties consider that the divulgence of the materials provided by them will cause seriously bad effects, they may apply to the investigation organ for treating the materials as confidential.Where the investigation organ considers the application for confidentiality is justified, it shall treat the materialsprovided by the interested parties as confidential, and meanwhile request the interested parties to provide a copy of non-confidential outline of the materials.The materials treated as confidential materials shall not be divulged without the consent of the interested parties who provide them.Article 23The investigation organ shall permit the applicant and the interested parties to have access to the relevant materials of the case, except where the materials are treated as confidential.Article 24The MOFTEC and the SETC shall, upon the investigation result, make separate an initial award on dumping and damage as well as on whether the causal link between the dumping and damage is tenable, which shall be announced by the MOFTEC.Article 25Where the initial award affirms the dumping and damage as well as the causal link between the dumping and damage, the MOFTEC and the SETC shall continue the investigation on the dumping, the dumping margin, the damage and its extent, and shall make separate a final award upon the investigation result, which shall be announced by the MOFTEC.Before the making of the final award, the MOFTEC shall notify all the known interested parties of the basic facts upon which the final award is made.Article 26An anti-dumping investigation shall be ended within 12 months as of the date of announcement of the decision on initiating the investigation; under particular circumstances, the time limit may be extended, provided that the extension shall not exceed 6 months.Article 27Under any of the following circumstances, the anti-dumping investigation shall be terminated and be announced by the MOFTEC:(1) the applicant revokes the application;(2) there is not enough evidence to prove the existence of dumping, damage or the causal link between the dumping and damage;(3) the dumping margin is lower than 2%;(4) the actual or potential import volume of the dumped imports or the damage is negligible;(5) the MOFTEC and the SETC both consider it is not appropriate to continue the anti-dumping investigation.Where the investigated products from one or more countries (regions) are under any of the circumstances listed in Items (2), (3), and (4) of the preceding paragraph, the anti-dumping investigation with regard to the involved products shall be terminated.Chapter IV Anti-Dumping MeasuresSection 1 Provisional Anti-Dumping MeasuresArticle 28Where the initial award affirms the dumping and the consequent damage to a domestic industry, the following provisional anti-dumping measures may be taken:(1) to levy provisional anti-dumping tariffs;(2) to request the provision of cash deposits, guaranty letter or other forms of guaranty. The amount of the provisional anti-dumping tariffs, the cash deposits, the guaranty letter and other forms of guaranty shall not exceed the dumping margin ascertained in the initial awards.Article 29The levy of the provisional anti-dumping tariffs shall be proposed by the MOFTEC and be decided on by the Tariff Policy Committee under the State Council upon the proposition of the MOFTEC, and shall be announced by the MOFTEC. The request for the provision of cash deposits, guaranty letter or other forms of guaranty shall be decided on and announced by the MOFTEC. The customs shall implement the decision as of the date provided in the announcement. Article 30The time limit for the provisional anti-dumping measures shall not exceed 4 months as of the date of entry into force of the announcement of the decisions on provisional anti-dumping measures; however, such time limit may be extended to 9 months under particular circumstances.No provisional anti-dumping measure shall be taken within 60 days as of the date when the decisions on initiating an anti-dumping investigation is announced.Section 2 Pricing CommitmentsArticle 31The export business operators of the dumped imports may, during the period of anti-dumping investigation, make pricing commitments to the MOFTEC on changing the price or ceasing export at a dumping price.The MOFTEC may propose suggestions on pricing commitments to the export business operators.The investigation organ may not force the export business operators to make pricing commitments.Article 32The export business operators’’ refusal to make pricing commitments or to accept the suggestions on pricing commitments shall not hamper the investigation of and determination on the anti-dumping cases. Where the export business operators continue dumping the imported products, the investigation organ shall have the right to determine that the threat of damage is more possible to arise.Article 33Where the MOFTEC considers the pricing commitments made by the export business operators are acceptable, it may, upon consultation with the SETC, decide to suspend or terminate the anti-dumping investigations, instead of taking any provisional anti-dumping measure or levying anti-dumping tariffs. The decisions on suspending or terminating the anti-dumping investigation shall be announced by the MOFTEC.Where the MOFTEC does not accept the pricing commitments, it shall state the reason to the relevant export business operators.The investigation organ shall not, before making an affirmative initial award on dumping and damage caused therefrom, seek or accept pricing commitments.Article 34After suspending or terminating the anti-dumping investigation in accordance with Paragraph 1 ofArticle 33 of the present Regulation, the investigation organ may, upon request by the export business operators or if considering it necessary, continue investigating the dumping and damage.Upon the investigation result as mentioned in the preceding paragraph, if a negative award on dumping or damageis made, the pricing commitments shall automatically become invalid; while if an affirmative award on dumping or damage is made, the pricing commitments shall continue to be valid.Article 35The MOFTEC may require the export business operators to regularly provide the relevant information and materials for implementing the pricing commitments, and may verify such information and materials.Article 36In case any export business operator violates its pricing commitments, the MOFTEC may, upon consultation with the SETC, immediately decide to resume the anti-dumping investigation in accordance with the present Regulation; and may,upon the best available information, decide to take the provisional anti-dumping measures, as well as retrospect to the levy of the anti-dumping tariffs on the products imported within 90 days before the provisional anti-dumping measures were taken, except where the products were imported before the pricing commitments are violated.Section 3 Anti-dumping tariffsArticle 37Where the final adjudication decisions establish the dumping and the consequent damage caused to the domestic industry, the anti-dumping tariffs may be levied.Article 38The levy of the anti-dumping tariffs shall be proposed by the MOFTEC and be decided on by the Tariff Policy Committee under the State Council upon the proposition of the MOFTEC, and shall be announced by the MOFTEC. The customs shall execute such levy as of the date provided in the announcement.Article 39The anti-dumping tariffs shall be applicable to the products imported after the final award has been announced, exceptfor the circumstances provided inArticle s 36, 43 and 44 of the present Regulation.Article 40The taxpayers of the anti-dumping tariffs shall be the import business operators of the dumped imports.Article 41The anti-dumping tariffs shall be separately determined on the basis of the dumping margins of different export business operators. Where the anti-dumping tariffs needs to be levied upon the dumped imports of the export business operators beyond the scope of examination, the applicable anti-dumping tariffs shall be determined in a reasonable method.Article 42The amount of anti-dumping tariffs shall not exceed the dumping margin determined in the final adjudication decision. Article 43Where the final award affirms the existence of the material damage, and prior to which a provisional anti-dumping measure has been taken, the anti-dumping tariffs may be levied in retrospect to the period of the provisional anti-dumping measure.Where the final award affirms the existence of the threat of material damage, and a provisional anti-dumping measure has been taken under the circumstance that an adjudication of material damage will be made if no provisional anti-dumping measure has been taken in advance, the anti-dumping tariffs may be levied in retrospect to the period of the provisional anti-dumping measure.Where the anti-dumping tariffs determined in the final award is higher than the paid or payable provisional anti-dumping tariffs or the amount valuated for the sake of guaranty, the difference shall not be collected; where it is lower than the paid or payable provisional anti-dumping tariffs or the amount valuated for the sake of guaranty, the difference shall be refunded upon the specific circumstance or the amount of the duty shall be re-calculated.Article 44Where the following two circumstances coexist, the anti-dumping tariffs may be retrospectively levied upon the products imported within 90 days before the provisional anti-dumping measures were taken, except for the products imported prior to the initiation of the investigation:(1) the dumped imports has a record of dumping causing damage to the domestic industry, or the import business operators of the products know or ought to know that the export business operators are dumping products and that dumping would lead to damage to domestic industry;(2) the dumped imports are massively imported within a short period, and are possible to seriously destroy the remedialeffect of the anti-dumping tariffs to be levied immediately.Article 45Where the final award determines not to levy the anti-dumping tariffs or not to retrospectively levy the anti-dumping tariffs, the levied provisional anti-dumping tariffs and the collected cash deposits shall be refunded, and the guaranty letter or other forms of guaranty shall be cancelled.Article 46Where an import business operator of dumped imports has evidence to prove that the amount of paid anti-dumping tariffs exceeds the dumping margin, he may apply to the MOFTEC for refund of the tariffs levied; after the MOFTEC has examined and verified the application and proposed the refund, the Tariff Policy Committee under the State Council may, upon the proposition of the MOFTEC, make the decision on the refund, and the customs shall execute the refund. Article 47Where, after the anti-dumping tariffs has been levied upon the imported products, a new export business operator who has not exported such products to the People’’s Republic of China within the period of investigation but could prove the irrelevance between he himself and the export business operator against who anti-dumping tariffs were levied, he may apply to the MOFTEC for separate determination of the dumping margin. The MOFTEC shall make a rapid examination and make a final award. It may, during the period of examination, take the measures provided in Item (2) of Paragraph 1 ofArticle 28 of the present Regulation, provided it shall not levy the anti-dumping tariffs upon these products.Chapter V Time Limit for and Re-examination of Anti-dumping tariffs and Pricing CommitmentsArticle 48Neither the time limit for levying the anti-dumping tariffs nor that for implementing the pricing commitments shall exceed 5 years; however, where it is re-examined and determined that the termination of the levy of the anti-dumping tariffs is possible to lead to the continuance or re-occurrence of the dumping or damage, the time limit for levying the anti-dumping tariffs may be appropriately extended.Article 49After the anti-dumping tariffs has taken effect, the MOFTEC may, with a justifiable reason and upon consultation with the SETC, decide to re-examine the necessity of continuing the levying of anti-dumping tariffs; it may also, after a reasonable period of time, upon the request of the interested parties and after having examined the corresponding evidence provided by the interested parties, decide to re-examine the necessity of continuing the levying of anti-dumping tariffs.After the pricing commitments have taken effect, the MOFTEC may, with a justifiable reason, decide to re-examine the necessity of continuing to implement the pricing commitments; it may also, after a reasonable period of time, upon the request of the interested parties and after having examined the corresponding evidence provided by the interested parties, decide to re-examine the necessity of the continuing to implement the pricing commitments.Article 50The reservation, amendment or cancellation of the anti-dumping tariffs shall be proposed by the MOFTEC upon the re-examination result and in accordance with the present Regulation, shall be decided by the Tariff Policy Committee under the State Council upon the proposition of the MOFTEC, and shall be announced by the MOFTEC. The MOFTEC may also, in accordance with the present Regulation and upon consultation with the SETC, make the decision on reserving, amending or canceling the pricing commitments and shall announce such decision.Article 51The re-examination procedures shall be followed with reference to the relevant provisions in the present Regulation on anti-dumping investigations.The time limit for re-examination shall not exceed 12 months, commencing from the date when the re-examination。
反倾销原因及措施英语
Our analysis of the causes of frequent anti-dumping charges on export goodsOur country export commodities have been the cause of the foreign anti-dumping charges are various, integrated industry, mainly from the following several aspects to analyze: First, forced by the situation of international economy and trade. On the one hand, due to the rapid development of economic globalization, the regional protectionism looked up, they (including us) to protect their products in the domestic market, the frequent use of anti-dumping measures to limit foreign products to enter. Effect on the other hand, as a result of the Uruguay round agreements, requires countries to slash tariffs and cancel import limit, to offset the negotiation results impact on domestic industries, anti-dumping a convenient and effective measures adopted. China's economy has developed rapidly in recent years, export product variety, quantity is big, maintain national treasure to more countries, especially in the west 2 trade surplus, naturally became one of the main object of the anti-dumpingSecond, the system differences lead to discrimination. International countries, especially in western countries has prejudice to society Fang Yi China, treatment of "non-market economies", often arbitrarily based on country prices as a computer, and in a third country selection reference price and ulterior motives or responsible. And to our country foreign trade enterprise, on grounds of "state", generally a single anti-dumping tax rate, and even the anti-dumping as a whole of the individual companies to decide, namely enterprise anti-dumping proceedings, the similar export products as the defendant, the show is just and reasonable. Although the European Union in April 1998, changed the anti-dumping policy, reputation in China as a market economy country, but in fact still treat China as a non-market economy country, but in fact still treat China as a non-market economy country, to our country still implement discriminatory anti-dumping measures, use the unreasonable practices such as the "reference".Third, the value of fierce competition. Product itself has the low cost competitive advantage, plus export order confusion, export enterprises on a campaign, cause our country export commodities prices fell sharply, constitutes a threat to importer of enterprises.Fourth, the export product technology content is low. Look from product structure, China's exports of some products, technology content is low, how is labor-intensive products. Such as textiles, semi-finished products, easy to cause importer price dumping.Fifth, lack of international marketing strategy. Export enterprises in our country are mostly lack of in-depth research and overall grasp of the international market, in the international market without creating an overall marketing and accounts for its own brand slightly, rely on low price strategy into the international market, means of non-price competition. On the one hand, due to some export enterprises are eager to clinch a deal, low price, easy to make the importer give the impression that the "cheap shoddy"; , on the other hand, because of the lack of the research on the importer of consumer habits, do not take the taste, style, packaging and other aspects of the improvement and innovation, often make some "good" sold out "good price"; Again on the other hand, some companies failed to according to the international markets and imports quantity and adjust the prices of export commodities, causes the massive influx of certain commodities importer, increases the probability of anti-dumping.Sixth, lack of law suit. At present our country has not yet established the anti-dumping litigation-responding mechanism, there are responses to fund shortage, the lack of professional talents, such problems as weak consciousness of Chinese goods. After investigation, anti-dumpinghas many enterprises due to a variety of concerns are often reluctant to fight. Anti-dumping litigation as the passive and negative practice in our country, to those countries refers to the dumping caused to the illusion of success, the result not only fan the flames of the some countries wantonly dumping on China, also lost many years away from the market.Anti-dumping measures:1, the advantage for the enterprise to face shortage. First correct consciousness, changing management idea, standardize the market behavior of enterprises. Based on the principle of litigation earnings, vigorously. Not responding or lack of goods is the practice of enterprises cut off its ways, enterprise to have key is to deal with anti-dumping problem. After receiving anti-dumping investigation notice, enterprise if not responding to, other countries will have the right to use the best available information ", this is often the prosecution to bad data. Provide relevant materials, metal fierce anti-dumping cases in China in the United States, China's responses to a few companies get 3% respectively, 5%, 20% of anti-dumping duties, but not responding to a few companies in accordance with the unified tax rate of 143% of anti-dumping duties. Followed by diversifying export markets and "going out" strategy, improve the international image of China's export products, it is effective to avoid the premise of anti-dumping.2, for the government, transform function, improve the government's coordination and market control. Firstly, the government should strengthen the enterprise's export behavior guidance, supervision and market regulation. Second to perfect the relevant laws and regulations. At present our country has already formed the "foreign trade law of the People's Republic of China > < anti-dumping countervailing regulation of the People's Republic of China > < about Chinese products in foreign anti-dumping cases related regulations > anti-dumping legal system etc. But some of the lack of maneuverability, the government should formulate specific operation details is tend to enterprises. Secondly, the government can through intergovernmental negotiations in the WTO dispute settlement mechanism of international trade disputes. After China's entry into the WTO, can directly use WTO rules to solve the problem, also can avoid putting pressure on developed countries.3, for social relevant departments institutions to intensify propaganda of our country market economy system, firmly opposed to China's discriminatory anti-dumping abroad is a common responsibility of the government and enterprises. Practice market economy in our country for many years, and is loaded by the constitution and the foreign trade law, but there are still countries see China as a "non-market economy country" and discriminatory antidumping, make the economic losses of our country. Although in China's WTO accession negotiations, WTO members are allowed to 15 years after China's accession to the WTO can still use "country", but the premise condition that our country enterprise is unable to prove they are clearly under the condition of market economy. If it can prove that the other party shall use the enterprise's own production cost or domestic sales prices. Since January 1, 2002 in the anti-dumping regulations, sharp enough to show our country: never allow foreign products in China for dumping, more does not allow the product to go abroad dumping. For both the enterprise and the government must constantly strengthen the publicity and make the world more real understanding of China. In addition still need to speed up the pace of perfecting the market economy in our country, in accordance with the actual all-round increase the degree of marketization, gradually realize the full transition to amarket economy, may soon become the world recognized market economy countries, and from foreign trade discrimination.4, establish flexible fickle business strategy. With the intensification of international competition and production factors market gradually standardized, low-cost campaign has not feasible. The indications are that our country will not also can't open process, especially after China's accession to the WTO, the market access and market under the condition of open become a reality, our country enterprise will face more severe tests, the first thing to control the export product price level, especially close to the importer of competitive products, the price level. To control the number of good product growth, a product of avoid by all means a lot in a short time or multiply, regardless of the importing country market capacity and importer of relative industry production and operation conditions. So export enterprises should strengthen self-discipline, fair and orderly development of export trade, on the pricing strategy only changes the single price competition strategy for the integrated enterprise flexible non-price competition strategy, can really produce high benefit and lasting competitiveness. The government to establish the necessary punishment system, in order to ensure the normalization of export foreign trade order.5, deal with anti-dumping needs all-round, multi-angle stereo matching. In the face of increasingly frequent anti-dumping abroad, domestic enterprises, industry associations and relevant government departments should strengthen the division of labor and cooperation, to establish the government, enterprise, industry associations and social institutions of "four one" anti-dumping coping mechanism. According to international experience, the relevant government departments as a macro management, should strengthen the functions in the following aspects: one is in with the cooperation of enterprises and industry associations, to establish a anti-dumping prewarning system to avoid foreign antidumping; The second is to strengthen coordination and service work in the process of the anti-dumping litigation-responding; Three is actively use the WTO dispute settlement mechanism to deal with foreign unreasonable anti-dumping actions. For companies, first of all to practice in daily business activities in the financial system in conformity with the international standard, at the same time to avoid dumping export; Once a foreign antidumping, should change concept, vigorously. Industry associations as all enterprises cooperation organization, the department in the prevention and at the core and dominant position in the foreign anti-dumping. This is mainly manifested in the following aspects: one is to coordinate export price, avoid dumping export; Second, set up anti-dumping early warning system, monitoring overseas anti-dumping dynamic; Three represent or assist enterprise foreign investigations of the department. Domestic industry associations should give full play to the role, you first need to according to the requirements of market economy and open economy system to reform itself, a real cooperation organization can provide effective services industry. It should be said that the government, enterprises and industry associations "trinity" coping mechanisms to prevent and dissolve the foreign anti-dumping can play a very active role.6. Exports to strengthen self-discipline, attaches great importance to the export strategy.First of all, regulate the behavior of its own trade. Enterprises should strengthen self-discipline, practice "internal strength", in a lawful order, reasonable prices open up overseas market, an orderly competition, avoid competing interacting, disrupt the market order. Next, want to export diversification strategy. Pay attention to all-round develop international market, to strengthen the existing European and American market at the same time, actively explore new district especiallyshould strengthen the overseas markets such as eastern Europe, Latin America, Africa's development, in order to reduce the risk brought by the market is too centralized. Third, grasp the rhythm of the market development. Practice of anti-dumping charges from the west. Some imports of Chinese growth too fast, the most likely to cause the domestic like product competitors charge. Finally, enhance their awareness of the importance of international marketing. In the long run, China's products to really towards the international market, must improve the technology content and added value of export products, quality win is an effective way to deal with anti-dumping charges. In the increasingly fierce competition in the international situation, export enterprises should transform the existing competitive strategy and strategy as soon as possible, change "with cheap win" for the "quality win", learn to use trademarks, packaging, public relations, advertising, and other means of non-price competition, in the technology content of exports and ChuangHuiLv fluctuation kongfu, expand the export of high technology content, high value-added products, the final effect to avoid the anti-dumping investigation.7. To master relevant knowledge, improve the responding ability.Enterprises as the main bodies of market management, to participate in the international market competition, must be more to learn and master the law of international trade, strengthen the awareness of self protection, self development. Number of the European Union is one of the world anti-dumping to China, Chinese enterprises to develop the European market in the future should develop a comprehensive, long-term strategy, recognize the importance of the anti-dumping problem, try to understand the local laws, ready to deal with the eu anti-dumping measures, safeguard the legal rights of the enterprise. In addition, to give full play to the role of the import and export chamber of commerce. Should maintain close contact between enterprises and import and export chamber of commerce, regularly or irregularly export condition of communication products, the supply and demand of the international market, timely discover signs of anti-dumping and take the appropriate treatment method; At the same time, both sides should make full use of the information channels focus on importing countries similar industry in the importer's production and operation situation and possible anti-dumping charges, and timely information on each other, so as to make full investigations.。
反倾销协议,中英
反倾销协议,中英篇一:《美国反倾销条例》《美国反倾销条例》.txt你妈生你的时候是不是把人给扔了把胎盘养大,别把虾米不当海鲜。
别把虾米不当海鲜。
美国商务部于1989年3月28日公布，并于1989年4月28日生效)第一条范围本条例对根据经修正补充过的《1930年关税法》第七编之规定征收反倾销税时应遵守程序和实施细则作了补充和规定。
本条例还融合了根据《1984年贸易和关税法》第六编及《1986年税收改革法》第十八编第二部分第三章之规定而作出的修改条款。
第二条定义1(“关税法”系修正补充过的《1930年关税法》。
2(“委员会”系指美国国际贸易委员会。
3(“外国”系指某一外国国家或外国某一行政区，外国某一附属领土或外国某一占领。
4(“海关”系指美国财政部下属的美国海关总署。
5(“商务部”系指美国商务部。
16(“倾销差价和加权平均倾销幅度”。
(1)倾销差价系指某种产品的外国市场价值高于美国价格的差额。
(2)“加权平均倾销幅度”系指将总的倾销差价除以总的美国价格得到的销倾幅度。
7(“事实性资料”系指:(1)对调查问卷的初次或补充回答;(2)支持起诉的数据和对事实的陈述;(3)其他数据和对事实的陈述;(4)书面证据。
8(“本国”系指生产某种商品的本国。
9(“进口商”系指进口或让他人为其进口货物的人。
10(“产业”系指在美国生产某种相似产品的生产商的整体，但是商务部部长根据关税法第771条第4款B项裁定不能包括在内的生产者除外(比如本身又是该产品进口商，或者与进口商、生产者或出口商有联系的生产商)。
根据关税法第771条第4款C项之规定，如果一批生产者在美国某一特定的区域市场上销售其生产的全部或几乎全部产品，并且对该种相似产品需求的供给不是由位于美国其他区域的生产商大量提供，那么可以将该批生产者视作本条前述的某一产业。
11(“利害关系人”系指:(1)某种产品的生产者，出口商或美国进口商，或由某种产品进口商的大部分组成的行业协会或商会;(2)生产该商品的本国政府;(3)美国生产某种相似产品的生产者或销售商(不限于零售商);(4)由作为2该产业代表的工人或由美国某种相似产品的销售商(不限于零售商)组成的、经政府批准认可的工会或商业团体;(5)由生产或销售美国生产的相似产品的大部分生产者或销售商组成的行业协会或商会;(6)由本条第(3)、(4)或(5)项规定的利害关系方的大部分成员组成的协会。
反倾销反补贴词汇
倾销类dumping 倾销antidumping 反倾销sporadic dumping 零星倾销persistent dumping 连续性倾销intermittent dumping 间歇性倾销predatory dumping 掠夺性倾销sales below producing cost 低于成本的销售domestic industry 国内产业normal value 正常价值material injury 实质损害ordinary course 正常贸易the like product 同类产品export price 出口价格margin of dumping 倾销幅度unreliable export price 出口价格不可靠reseanable basis 合理基础domestic price 出口国价格third-country price 第三国价格constructed price 结构价格non-market economy 非市场经济sufficient evidence 证据充分positive evidence 证据确凿objective examination 客观审查the consequent impact 随继影响a significant price undercutting 明显削价depress price 抑制价格clearly forseen 可预见的special care 小心谨慎cumulation of imports 累积进口问题all interested parties 所有利害关系人questionnare 调查表best information available (BIA) 最佳现有材料judicial review 司法审查consultation 磋商panel 专家组afford sympathetic consideration 给予审慎考虑complaining party 申诉方causation 因果关系principal cause 主要原因remedy measures 救济措施provisional antidumping duty 临时反倾销税provisional measures 临时措施preliminary affirmative determination 肯定性初裁definitive antidumping duties 最终反倾销税retroactive application of anti-dumping duties 追溯征收sunset clause 日落条款price under-taking 价格承诺补贴类subsidies 补贴specificity subsidies 专项性补贴actionable subsidies 可诉的补贴unactionable subsidies 不可诉的补贴prohibited subsides 禁止的补贴export performance 出口实绩adverse effect 负面影响public body 公共机构financial contribution 财政捐助safeguard clause 保障条款Committee on Subsidies and Contervailing Measures 补贴与反补贴委员会Permanent Group of Gxperts(PGE) 常设专家组Dispute Settlement Mechanism(DSM) 争端解决机制Dispute Settlement Body(DSB) 争端解决机构Appelate Body (AB) 上诉机构。
反倾销税（Anti-dumpingDuties）
反倾销税（Anti-dumping Duties）
对倾销商品所征收的进⼝附加税。
当进⼝国因外国倾销某种产品，国内产业受到损害时，征收相当于出⼝国国内市场价格与倾销价格之间差额的进⼝税。
⽬的在于抵制倾销，保护国内产业。
通常由受损害产业有关当事⼈提出出⼝国进⾏倾销的事实，请求本国政府机构再征。
政府机构对该项产品价格状况及产业受损害的事实与程度进⾏调查，确认进⼝国低价倾销时，即征收反倾销税。
政府机构认为必要时，在调查期间，还可先对该项商品进⼝暂时收取相当于税额的保证⾦。
如果调查结果倾销属实，即作为反倾销税予以征收；倾销不成⽴时，即予以退还。
有的国家规定基准价格，凡进⼝价格在此价格以下者，即⾃动进⾏调查，不需要当事⼈申请。
各国征收倾销税的法则差别很⼤，关税及贸易总协定第6条关于征收反倾销税的规定，对各国并⽆约束⼒。
六⼗年代中期，肯尼迪回合时，曾制定《反倾销法典》（Anti-Dumping Code）1973-1979年东京回合时，⼜加以补充修改，除对倾销含义加以界定外，并规定征收反倾销税时必要条件。
倾销停⽌时，应⽴即取消征收。
但这未能真正起到统⼀各国⽴法的作⽤。
滥⽤反倾销税的事例时有发⽣。
反倾销税从来是贸易⼤国进⾏关税战、贸易战的重要⼯具。
倾销反倾销-文档资料
The Anti-dumping War in WTO
354
Total 3 045
364 292 312
434 cases about 157 China
225
59 cases against 257 243 dumping since 2019 by China.
India was the most frequent user.
– Anti-dumping – Countervailing – Safeguards
The Antis 100 years of existence, antidumping was not nearly the problem that it is today. In fact, for most of its existence it is fair to say that anti-dumping could hardly have been called a problem for the international trading community. Anti dumping refers to the foreign products in the domestic market has taken actions against dumping. In general is the dumping of foreign goods imposed a general import taxes, and taxes, it can not be cheap to sell, such a levy known as the" anti-dumping"
232 213 185 194
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
倾销英文版
Contents
1.Introduction of dumping
1.1. Definition of dumping 1.2.Classification of dumping
1.2.1. Sporadic dumping（偶发性倾销） 1.2.2. Intermittent dumping (间隙性倾销) 1.2.3. Persistent dumping （持续性倾销）
3. Case study
• 3.2 case analysis ❖ The solutions of anti-dumping
To impose the anti-dumping duties on the exporter. ("the EU
Commission approved to impose anti-dumping duties on Chinese-made leather shoes")
根据世界贸易组织反倾销协定第21条dumpingexportpricenomalvalue12classificationofdumping121sporadicdumping偶发性倾销anoccasionalactivityofinventoryliquidatingscarveupoverseasmarket12classificationofdumping122intermittentdumping间隙性倾销monopolizationbyincreasingthepricelatterlyoccupymarketmonopolization12classificationofdumping123persistentdumping持续性倾销exportstheproductinthelongtermwithapricelowerthanitsvalueexpandthescaleofproductionandmaintainthedomesticpricestructure
反倾销外文文献翻译
文献出处：Prusa T J. On the spread and impact of anti‐dumping [J]. Canadian Journal of Economics/Revue canadienne d'économique, 2001, 34(3): 591-611.原文On the Spread and Impact of AntidumpingThomas J. PrusaAbstractThis paper documents two key costs of AD protection. First, once AD has been adopted countries often have a difficult time restraining its use. In recent years ―new‖ users have accounted for half of the overall world total. Many of the heaviest AD users are countries who did not even have an AD statute a decade ago. Second, I will show that that on average AD duties cause the value of imports to fall by 30–50%. I find that trade falls by almost as much for settled cases as those that result in duties. Interestingly, I also find that even for those cases that are rejected imports fall. The spread and impact of AD protection most surely implies that AD will continue to be a key negotiating item in the next WTO round.Keywords: Antidumping law; protection1. IntroductionOf all the issues negotiated under the Uruguay Round, antidumping was perhaps the most contentious. Broadly stated, the debate pitted antidumping’s traditional users, essentially industrialized countries such as the US and EC, against tradi- tionalnon-users, primarily developing countries. Thanks to demands by the US and EC the Uruguay Round achieved only mixed success at tightening the rules governing antidumping (AD) actions. The strengthening of deminimis rules and the addition of sunset reviews should make AD protection less burdensome for small producers. Unfortunately the agreement also endorsed the cumulation provision, codified the concept of the AD duty as a cost, and did little to restrain the use of price undertakings. All things considered, there is every reason to believe not only that AD disputes will continue to flourish but also that AD policy will be a key item for the next WTO round.2. The Spread of AntidumpingUntil relatively recently AD actions were not particularly common. For instance, in the 1960s all GATT members filed only about ten antidumping petitions per year (Schott, 1994). During the 1970s, however, a small set of users began to more actively initiate AD actions, primarily as a way to protect declining in- dustries. Even as recently as the late-1980s AD law was essentially only enforced by five territories—Canada, New Zealand, Australia, United States and the Euro- pean Community. Over the decades of the 1980s, more than 1600 AD cases were filed worldwide (Finger, 1993). As a group, the ―traditional‖ users accounted for more than 95% of all AD cases during the 1980s.Demand for AD protection has continued to grow during the 1990s. Over the past ten years, almost 2200 AD cases have been filed worldwide, a filing rate about 25% greater than during the 1980s (see Table 1). While the overall usage hasincreased, the most noticeable trend is the change in who is using the law. The once exclusive club has now opened its doors. Countries of all stages of development and industrialization have joined the ranks of active AD users. And, it is the dozens of new users that have fueled AD’s continued growth.Over the 1987–1997 period 29 countries initiated antidumping complaints, about triple the number during the prior ten years. Over the past ten years there has been a five-fold increase in AD filings by ―new‖ users. More impressively, as compared with the early 1980s, there has been a fifty-fold increase.New users are not only filing more cases than they had previously, but they are also accounting for an increasing share of total complaints. Between 1987–1992 new users filed about 20% of the AD cases in each year. By contrast, over the last five years new users account for well over half of AD complaints. The trend is even more striking in comparison with trends during the 1980s, when new users accounted for fewer than 5% of AD cases.It is also striking how quickly AD is embraced once legislation is enacted. Mexico, for instance, signed the GATT/WTO antidumping code in 1987 and filed more than 30 cases within three years. Argentina filed its first AD case in 1991 and has since averaged almost 20 cases per year. Likewise, South Africa has initiated more than 20 cases per year since it adopted an AD statute. Similar patterns of use—a rush to invoke the new law—are evidenced by India, Indonesia, Turkey, Malaysia, Peru, Israel, Colombia, Costa Rica, and Venezuela. The evidence is overwhelming that AD is not a statute which grows dusty from disuse.The widespread adoption of AD law has also impacted which countries are targeted. In Table 2 I detail AD actions by targeted country. Several interesting trends are evidenced. First, note that over the entire period almost 99 countries were investigated—about twice as many as were investigated during the 1980s. Apparently, AD’s expanding reach can be measured equally well by either the number of active users or the number of investigated countries.Second, note that during the 1980s almost all dumping charges were made by a small number of countries and most targeted a very small set of countries. In particular, during the 1980s two-thirds of AD investigations targeted another traditional user (Finger, 1993). By comparison, over the past decade only about one-third of the cases targeted a traditional AD user. In this sense, AD’s reach has expanded.In another sense, however, the targets of AD investigations are much the same as they were during the 1980s. Note that during the 1980s two-thirds of AD investigations involved countries who were fellow AD users. Interesting, during the 1990s virtually the same percent of AD cases (1498 of 2196) were filed against fellow AD users. In other words, AD is still a policy largely wielded within the club of AD users; the big difference is that now the club is bigger than it was before.3. Impact of AntidumpingThe filing trends presented indicate that the AD genie is out of the bottle. A multitude of countries have only recently enacted AD statutes and these new users are now filing a larger and larger number of cases. What do these filings mean for themarkets affected? Under the best case scenario I could estimate the impact of AD for each country and sector that has used the law. Unfortunately, the data are not available to perform such an exercise. Instead, I will estimate the effect of AD actions using data from the largest AD user, the United States.For a couple of reasons the US is an excellent candidate for understanding the effects of AD protection. First of all, the US has filed more AD cases than any other user. Therefore, we have a large sample of cases. US industries filed over 700 AD petitions between 1980 and 1994. About a quarter of the cases were settled; of the remaining cases, about half were rejected and half resulted in duties. Second, as the world’s most prominent AD user, the US statute has served as the basis for many countries newly adopting AD law. The GATT AD rules are quite broad and countries have significant latitude in implementing their AD statute, but most have chosen to follow US procedures. Thus, even though the estimates are based on US data, they should reasonably approximate what we can expect for countries with similar AD statutes. Third, the quality of US trade data is excellent. Machine-readable import statistics are available for the entire period and the data is reported at the line-item level.译文反倾销的扩散与影响托马斯·普鲁撒摘要本文记载了文档反倾销保护的两个关键成本。
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So there is no dumping it? dumping;
• Zhongxin silk, a car mat material, which belongs to the wire ring pad upgrade products, the technology from Zhongxin brand
Classification of dumping
According to different standards can be divided into different types of dumping, but the most common is based on the duration of the dumping and damage to the extent of the division. Generally divided into the following categories:
product's raw material suppliers. Zhongxin silk is used in hot melt chemical technology, mat material in the European market is generally the first mandatory requirements for environmental protection, low temperature hot melt technology can ensure the environmental performance, but on the other hand, due to long-term underfoot, so it must ensure that the pressure is not the low temperature hot melt adhesion; and to ensure its pressure. At present, only a well-known Chinese chemical enterprises in the world have the chemical technology to solve these two problems at the same time. It can be said that the success of the new wire, first of
research group, so the name of this kind of material for Zhongxin silk. The difference in leather, wire ring, super fiber with wire circle; noble, comfortable, and can be surrounded by stereotypes, to do; more importantly, wire ring has a foot can not break through the defect of the Zhongxin wire shelter evil people and countenance evil practices, and used the open wire ring, all the stains can be easily washed resolve.
Dumping Antidumping
Contents
• • • • • • • •
1： The current international economic environment in our country 2： Definition of dumping 3： Classification of dumping 4： Characteristics of dumping
5： Definition of Antidumping
6： Definition of Antidumping 7： Countermeasures against anti dumping 8：Chinese dumping and anti-dumping
The current international economic environment in our country
• The fall, the EU itself to Chinese export restrictive,
especially when China products occupy a certain
competitive advantage in the European photovoltaic
• Accidental dumping • Intermittent dumping (predatory dumping) • Persistent dumping (long term dumping)
倾销的特征Characteristics of dumping
• Dumping is a measure of low selling products that are sold by the exporter according to
China's anti dumping case
8
case
• Zhongxin silk, on the surface is similar to the wire ring
foot, appearance and general surrounded by foot no two, 2012 will be launched quickly recognized by consumers in Europe after half a year after it is known to the public. Beginning in 2013, and quickly occupied 70% share of the European market of automobile, it can be said that almost monopolized the European automobile market! This is a native of Chinese brands, why in just over a year time, to achieve such a remarkable achievement in Europe, since the launch in 2012, the reason why the new wire in Europe has been a huge endorsement.
What is dumping?
• The definition of dumping and dumping: refers to a country or region of the
export business operators to the sales market is even lower than that of another country the product cost is lower than the domestic market to the normal or average price, the purpose is to beat the competition, win the market, and therefore to the importer of the same or similar products manufacturers and industry damage.
In the new century, the international economic environment that China faces has been and is undergoing profound changes. The main reason for these changes is the rapid development of economic globalization and the adjustment of economic structure in the world. Mainly the following changes are worthy of our attention. • （一） A new round of adjustment and transfer of industrial structure is accelerating, the new international division of labor is being formed. • （二） The global enterprise market surging cross-border mergers and acquisitions, and accelerate the formation of the global production system. • （三） With the rapid development of regional economic integration, the regional division of labor and the rapid changes in the pattern of competition.
International antidumping against China
•
Why are the other businesses unable to produce the product of this kind of fabric? First of all, this is closely related to the
products, is a typical example of the Zhongxin brand experience; hitherto unknown suit, the European automobile market brands have to Zhongxin lawsuit, the EU also presented the survey for the product anti