《反倾销协议》.doc

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反倾销协议书范本

反倾销协议书范本甲方（进口方）：______________________________________地址：_______________________________________________法定代表人：_________________________________________职务：_______________________________________________联系电话：_________________________________________乙方（出口方）：______________________________________地址：_______________________________________________法定代表人：_________________________________________职务：_______________________________________________联系电话：_________________________________________鉴于甲方为进口国的合法企业，乙方为出口国的合法企业，双方本着公平、公正、互利的原则，就乙方出口至甲方所在国的产品可能涉及的反倾销问题，经友好协商，达成如下协议：第一条定义1.1 反倾销：指进口国对乙方出口至甲方所在国的产品，因价格低于正常价值而进行的调查、征收反倾销税等措施。

1.2 正常价值：指乙方产品在出口国国内市场的正常交易价格或成本加合理利润的价格。

1.3 倾销：指乙方产品出口至甲方所在国的价格低于其正常价值。

第二条反倾销调查的应对2.1 若甲方所在国对乙方产品启动反倾销调查，乙方应积极配合甲方，提供必要的信息和证据。

2.2 乙方应保证其出口产品的价格不低于正常价值，以避免被认定为倾销。

第三条反倾销税的承担3.1 若乙方产品被甲方所在国认定为倾销并征收反倾销税，乙方应承担由此产生的额外成本。

ADP-反倾销协议14页word

关于实施1994年关税与贸易总协定第6条的协定各成员特此协议如下：第一部分第1条原则反倾销措施仅应适用于GATT 1994第6条所规定的情况，并应根据符合本协定规定发起1和进行的调查实施。

GATT 1994第6条的适用按下列规定执行，但仅限于根据反倾销立法或法规所采取的行动。

2.2.1同类产品以低于单位(固定和可变)生产成本加管理。

如在进行销售时低于单位成本的价格高于调查期间的加权平均单位成本，则此类价格应被视为能在一段合理时间内收回成本。

反倾销协议书

反倾销协议书甲方（进口方）：_____________________地址：_________________________________法定代表人：_________________________职务：_________________________________乙方（出口方）：_____________________地址：_________________________________法定代表人：_________________________职务：_________________________________鉴于甲方为保护国内市场和公平贸易秩序，防止乙方的倾销行为对甲方国内产业造成损害，甲乙双方在平等、自愿的基础上，根据相关国际公约和国内法律，经协商一致，就反倾销问题达成如下协议：第一条定义1.1 “倾销”是指乙方以低于正常价值的价格向甲方市场销售商品，导致甲方国内产业受到实质性损害或威胁，或者对甲方国内产业的建立造成实质性阻碍。

1.2 “正常价值”是指在乙方国内市场上，或者在第三方市场上，乙方同类商品的可比价格。

1.3 “实质性损害”是指由于倾销行为，甲方国内产业遭受的严重损害，包括但不限于市场份额的丧失、价格的下降、利润的减少等。

第二条反倾销措施2.1 乙方承诺不以低于正常价值的价格向甲方市场销售商品，避免对甲方国内产业造成实质性损害。

2.2 如甲方发现乙方存在倾销行为，甲方有权采取包括但不限于征收反倾销税、价格承诺、数量限制等措施。

第三条价格承诺3.1 乙方同意在甲方提出要求时，向甲方提交价格承诺，确保其商品的销售价格不低于正常价值。

3.2 价格承诺的有效期、价格水平等具体内容由甲乙双方协商确定。

第四条调查与审查4.1 甲方有权对乙方的出口行为进行调查，以确定是否存在倾销行为。

4.2 乙方应配合甲方的调查，提供必要的信息和文件。

第五条争议解决5.1 甲乙双方因本协议的解释、履行或与本协议有关的任何争议，应首先通过友好协商解决。

反倾销协议

反倾销协议什么是反倾销协议？反倾销协议是国际贸易中的一种贸易保护措施。

它是国家或地区之间达成的协议，旨在防止某些产品价格低于其生产成本的情况下被出口到其他国家，以避免对本国产业造成不公平竞争和损害。

反倾销协议通常用于对抗倾销行为，即某个国家或地区出口的产品价格低于其在本国的价格。

反倾销协议的出发点反倾销协议的出发点是保护本国产业免受不公平竞争的侵害。

当某个国家或地区的企业通过倾销手段将产品以低于正常市场价格的方式出口到其他国家时，会对其他国家的本土产业造成严重的冲击。

这种倾销行为不仅会破坏其他国家市场上的公平竞争环境，还可能导致本国产业的衰退和失业问题。

反倾销协议的目标和原则反倾销协议的目标是保护本国产业和维护贸易的公平性和稳定性。

在达成反倾销协议时，各国通常会遵循以下原则：1.公平原则：反倾销协议的制定应当基于公平原则，确保各国企业在国际贸易中能够享有公平竞争的环境。

2.透明原则：反倾销协议应当注重信息的透明度，各国应当及时、准确地向世界贸易组织（WTO）通报相关的反倾销措施。

3.非歧视原则：反倾销协议应当避免对某个国家或地区的产品进行歧视，确保对所有国家和地区的产品进行公平的反倾销调查。

4.有效原则：反倾销协议应当确保反倾销措施的有效性，以防止倾销行为对本国产业造成损害。

反倾销协议的实施步骤反倾销协议的实施通常包括以下几个步骤：1.案件立案：当一个国家或地区的产业受到倾销行为的冲击时，可以向该国家或地区的政府提出申诉。

政府将对该申诉进行初步审查，决定是否进行反倾销调查。

2.调查启动：如果政府认定有必要进行反倾销调查，将启动调查程序，并通知相关国家和地区的政府。

3.调查过程：反倾销调查的过程中，将对涉嫌倾销的产品进行详细调查，包括价格、成本、销售渠道等方面的信息。

4.反倾销措施：根据调查结果，如果确实存在倾销行为并对本国产业造成了实质性损害，政府可以采取一系列反倾销措施，如征收反倾销税、限制进口数量等。

世贸组织反倾销协议(中文)

WTO反倾销协议各成员协议如下：第一条总则反倾销措施应仅在1994年关贸总协定第六条规定的情况下实施，并按照本协议的规定发起和进行调查。

根据反倾销法或者条例采取行动而适用1994年关贸总协定第六条时，适用下列规定：第二条倾销的确定1.本协议之目的，如果一项产品从一国出口到另一国，该产品的出口价格在正常的贸易过程中，低于出口国旨在用于本国消费的同类产品的可比价格，也即以低于其正常价值进入另一国的商业，则该产品即被认为是倾销。

2.在出口国国内市场在正常贸易过程中不存在该同类产品的销售时，或者该项销售由于该市场的特定情况，或在出口国国内市场的销售量太少，而不能用于适当的比较时，则倾销幅度应通过与向一个合适的第三国出口的同类产品的可比价格(如果该价格是有代表性的话)，进行比较而确定，或者与原产地国的生产成本，加上合理数额的管理费、销售费和一般成本并加利润进行比较而确定:(a)在出口国国内市场上同类产品的销售，或者向一个第三国销售，其价格低于每单位(固定的和可变的)生产成本加上行政管理费、销售费和一般费用，其销售可作为不是由于价格原因而处在正常贸易过程中，并且只有由当局决定该项销售的很大部分是在持续的长时期间内作出的，且该项销售的价格未能预订可以在一段合理期间内收回其全部成本的，则在确定正常价值时可不予考虑。

如果在销售时，其价格低于单项成本；但高于其在调查期间的平均单项成本，则该价格应被认为是在一段合理的期间内收回了成本；(b)本条第2款规定的成本费用，通常应根据受调查的出口商或生产商存有的记录计算，如果该记录是符合出口国普遍接受的会计原则，合理反映与生产有关的成本以及有关产品的销售。

当局应考虑全部现有的成本适当分配的证据，包括出口商或生产商在调查过程中作出的分配证据，其前提是该分配在历史上一直被出口商或生产商所使用，特别应对有关确立适当的分期付款和折旧期限、按资费用以及其它开发成本的补助费加以考虑，除非根据本款项规定已在成本分配中得到反映，否则成本应对那些有利于将来或当前生产的非经常性项目成本作出适当的调整，或者对在调查期间成本费用因刚开始生产而受到影响的情况作出适当的调整。

wto反倾销协议原文

wto反倾销协议原文AGREEMENT ON IMPLEMENTATION OF ARTICLE AGREEMENT ON IMPLEMENTATION OF ARTICLEVI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 199Members hereby agree as follows:PART IArticle ArticlePrinciplesAn anti-dumping measure shall be applied only under the circumstancesprovided for in Article Article VI of GATT 1994 and pursuant toinvestigations initiat and conducted in accordance with the provisions of this Agreement. The following provisions govern the application of Article andconducted in accordance with the provisions of this Agreement. The following provisions govern the application of Article VI of GATT 1994 in so far asaction is taken under anti-dumpg legislation or regulations.Article ArticleDetermination 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 exportedfrom 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 theparticular market situation or the low volume of the sales in the domestic market of the exporting country, such sales do not permit a proper comparison, the margin of dumping shall be determined by comparison with a comparable price ofthe 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 or sales to a third country at prices below per unit (fixed and variable) costs of production plus administrative, selling and general costs may be treated as not being in the ordinary course of trade by reason of price and may be disregarded in determining normal value only if the authorities determinethat such sales are made within an extended period of time in substantial quantities and are at prices which do not provide for the recovery of all costswithin a reasonable period of time. If prices which are below perunit costs at the time of sale are above weighted average per unit costs for the period of investigation, such prices shall be considered to provide for recovery ofcosts within a reasonable period of time.2.2.1.1 For the purpose of paragraph 2.2.1.1 For the purpose of paragraph2, costs shall normally be calculated on the basis of records keptby the exporter or oducer under investigation, provided that such records are in accordance withthe generally accepted accounting principles of the exportingcountry and reasonably reflect the costs associated with the production and sale of the product under consideration. Authorities shall consider all available evidenceon the proper allocation of costs, including that which is made available by the exporter or producer in the course of the investigation provided that such allocations have been historically utilized by the exporter or producer, in particular in relation to establishing appropriate amortization and depreciation periods and allowances for capital expenditures and other development costs. Unless already reflected in the cost allocations under this sub-paragraph, costs shall be adjusted appropriately for those non-recurringitems of cost which benefit future and/or current production, or for circumstances in which costs during the period of investigation are affected by start-up operations.2.2.2 For the purpose of paragraph 2, the amounts for administrative, selling and general costs and for profits shall be based on actual data pertaining to production and sales in the ordinary course of trade ofthe like product by the exporter or producer under investigation. When such amountscannot be determined on this basis, the amounts may be determined on the basis of:(i) the actual amounts incurred and realized by the exporter or producer in question in respect of production and sales in the domestic market of thecountry of origin of the same general category of products;(ii) the weighted average of the actual amounts incurred andrealized by other exporters or producers subject to investigation in respect of production and sales of the like product in the domestic market of the country of origin;(iii) any other reasonable method, provided that the amount forprofit so established shall not exceed the profit normally realized by other exporters or producers on sales of products of the same general category in the domesticmarket 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 conditionas 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, fordifferences 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 affectprice comparability. In the cases referred to in paragraph 3, allowances forcosts, including duties and taxes, incurred between impoation 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 levelof 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 ensurea 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 of sale, provided that when a sale of foreign currency on forward markets is directly linked to the export sale involved, the rate of exchange in theforward sale shall be used. Fluctuations in exchange rates shall be ignored and in an investigation the authorities shall allow exporters at least 60 ort saleinvolved, the rate of exchange in the forward sale shall be used. Fluctuationsin exchange rates shall be ignored and in an investigation the authorities shall allow exporters at least 60 days to have adjustedtheir export prices to reflect stained movements in exchange rates during the period of investigation.2.4.2 Subject to the provisions governing fair comparison in paragraph2.4.2 Subject to the provisions governing fair comparison in paragraph 4, theexistence of margins of dumping during the investigation phase shall normally be established on the basisf a comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions or by a comparison of normal value and export prices on a transaction-to-transactionbasis. A normal value established on a weighted average basis may be comparedto prices of individual export transactions if the authorities find a patternof export prices which differ significantly among different purchasers, regions or time periods, and if an explanation is provided as to why such differencescannot be taken into account appropriately by the use of a weighted average-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 the 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 countryof 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 2.7 This Article is without prejudice to the second SupplementaryProvision to paragraph 1 of Article VI in Annex I to GATT 199Article ArticleDetermination of Injury3.1 A determination of injury for purposes of Article VI of GATT 1994shall be based on positive evidence and involve an objective examination ofbot(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 consequentimpact of these imports on domestic producers of such products.3.2 With regard to the volume of the dumped imports, theinvestigating authorities shall consider whether there has been a significant increase in dumped imports, either in absolute terms orrelative to production or consumption in the importing Member. With regard to the effect of the dumpedimports 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 ofsuch 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 countryis more than de minimis as defined in paragraph 8 Article 5 and the volumeof imports from each country is not negligible an(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 competitionbetween 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 relevanteconomic 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, orutilization of capacity; factors affecting domestic prices; the magnitude of the margin of dumping; actual and potential negative effectson cash flow, inventories, employment, wages, growth, ability to raise capital or investments. This list is not exhaustive, nor can one or several of thesefactors 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 themeaning of this Agreement. The demonstration of a causalrelationship between the dumped imports and the injury to the domestic industry shall be based onan examination of all relevant evidence before the authorities. The authorities shall also examine any known factors other than the dumped imports which at thesame 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 inter al, the volume and pricesof 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 exportperformance and productivity of the domestic industry.3.6 The effect of the dumped imports shall be assessed in relationto 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 productionprocess, producers' sales and profits. If such separateidentification 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. In making a determinationregarding the existence of a threat of material injury, the authorities should consider, inter inter al, such factors as:(i) a significant rate of increase of dumped imports into the domestic market indicating 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 dumped exports to the importing Member's market, taking into accountthe availability of 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 increasedemand for further 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 of anti-dumping measures shall be considered and decided with special care.Article ArticleDefinition 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 wholeof 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 related to the exporters or importers or are themselves importers of the allegedly dumped product, the term "domestic industry" may be 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 the producers within each market may be regarded as a separate industry if (a)the producers within such market sell all or almost all of their production of the product in question in that market, and (b) (bthe demand in that marketis not to any substantial degree supplied by producers of theproduct in question located elsewhere in the territory. In such circumstances, injury may be found to exist even where a major portionof the total domestic industry is not injured, provided there is a concentration of dumped imports into such an isolated market and provided further that the dumped imports are causing injury tothe producers 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 s definedin paragraph 1(ii), anti-dumping duties shall be levi 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 dutieson such a basis, the importing Member may levy the anti-dumping duties withoutlimitation only if (a) the exporters shall have been given an opportunity tocease exporting at dumped prices to the area concerned or otherwise give assurances pursuant to Article the exporters shall have been given anopportunity to cease exporting at dumped prices to the area concerned or otherwise give assurances pursuant to Articl8 and adequate assurances in this regard have not been promptly given, and (b) such duties cannot be levied onlyon products of specific producers which supply the area in question.4.3 Where two or more countries have reached under the provisions ofparagraph graph 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 paragraph4.4 The provisions of paragraph The provisions of paragraph 6 of Article3 shall be applicable to this ArticlArticle 5Initiation and Subsequent Investigation. 5.1 Except as provided for in paragraph 6, an investigation to determinethe existence, degree and effect of any alleged dumping shall be initiated upona written application by or on behalf of the domestic industry.5.2 An application under paragraph 1 shall include evidence o(a) dumping,(b) injury within the meaning of Article injury within the meaningof ArticleVI of GATT 1994 as interpreted by this Agrment and (c) a causal link betweenthe dumped imports and the alleged injury. Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirementsof 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 the domestic production of the like product by the applicant. Where a written application is made on behalf of the domesticindustry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted forby such 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 known exporter 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 origin or export (or, where appropriate, information on the prices at whichthe product is sold from the country or countries of origin orexport to a third country or countries, or on the constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product isfirst resold to an independent buyer in the territory of the importing Member;(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 market and the consequent impact of the importson the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry, such as those listed in paragraphs listed in paragraphs2 and 4 of Article5.3 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 unlessthe authorities have determined, on the basis of an examination of the degreeof support for, or opposition to, the application express by domestic producers of the like product, The application shall be considered to have been made "byor on behalf of the domestic industry" if it is supported by those domestic producers whose collective output constitutes more than 50 per cent of thetotal 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 expresssupporting the application account for less than 25 percent 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 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 nt evidence of dumping, injury and a causallink, as described in paragraph 2, to justify the initiation of an investigatio5.7 The evidence of both dumping and injury shall be consideredsimultaneously (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 ofthis Agreement provisional measures may be applied.5.8 An application under paragraph raph 1 shall be rejected and aninvestigation shall be terminated promptly as soon as theauthorities concerned are satisfied that there is not sufficient evidence of either dumping or ofinjury to justify proceeding with the case. There shall be immedie termination in cases where the authorities determine that the margin of dumping is de deminim, 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 de minimif 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 negligibleif the volume of dumped imports from a particular country is found to account for less than 3 per cent of ports of the like product in the importing Member, unless countries which individually account for less than 3 orts of the likeproduct 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 likeprodt 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.Article 6Evidence6.1 All interested parties in an anti-dumping investigation shall be givennotice 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 usedin an anti-dumping investigation shall be given at least 30 days for reply. Due consideration should be given to any request for an extension of the 30-dayperiod and, upon cause shown, such an extension should be granted whenever practicable.6.1.2 Subject to the requirement to protect confidential information, evidence presented in writing by one interested party shall be made available promptly to other interested parties participating in the investigation.6.1.3 As soon as an investigation has been initiated, theauthorities shall provide the full text of the written application received under paragraph 6.1.3As soon as an investigation has been initiated, the authoritiesshall providethe full text of the written application received under paragraph 1of Article5 to the known exporte and to the authorities of the exporting Member and shall make it available, upon request, to other interested parties involved. Due regard shall be paid to the requirement for the protection of confidential information, as provided for in paragraph ved. Due regard shall be paid to therequirement for the protection of confidential information, as provided for in paragraph6.2 Throughout the anti-dumping investigation all interested parties shall have a full opportunity for the defence of their interests. Tothis end, the authorities shall, on request, provide opportunities forall interested parties to meet those parties with adverse interests, so that opposing views may bepresented 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, andfailure to do so shall not be prejudicial to that party's case. Interestedparties shall also have the right, on justification, to presentother information orally.6.3 Oral information provided under paragraph 6.3 Oral informationprovided under paragraph 2 shall beaken into account by theauthorities only in so far as it is subsequently reproduced in writingand made available to other interested parties, as provided for in subparagraph aken into account by theauthorities only in so far as it is subsequently reproduced inwriting and made available to other interested parties, as provided for in subparagraph 1.6.4 The authorities shall whenever practicable provide timely opportunities for all interested parties to see all information that is relevant to thepresentation of their cases, that is not confidential as defined in paragraphes for all interested parties to see all information that isrelevant to the presentation of their cases, that is not confidential as defined in paragraph5, and that is used by the authorities in an anti-dumping investigation, andto prepare presentatis 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 competitoror because its disclosure would have a significantly adverse effect upon a person supplying the information or upon a person from whom that person acquired the information), or which is provided on a confidential basis by parties to an。

反倾销协议书

反倾销协议书一、背景介绍反倾销是指一国政府采取限制进口措施以应对其他国家所实施的倾销行为。

倾销指的是一国企业以低于市场价格出口商品到另一国，从而对该国市场造成冲击，导致其国内产业无法竞争。

为了维护国内产业的利益和公平贸易的原则，各国通常通过签订反倾销协议来规范双边贸易。

二、目的和范围本协议旨在确定双方在贸易方面的合作和责任，以保护双方国内产业的利益，促进公平和平等的贸易。

协议的适用范围包括但不限于以下情况： - 当一方国家发现另一方国家的商品倾销行为对其国内市场造成实质性损害时，双方应通过协商解决此类贸易争端。

- 双方应建立和完善倾销案件的调查程序，确保调查公正、透明。

- 双方承认并保护知识产权，打击假冒伪劣商品，促进创新和知识经济的发展。

三、贸易救济措施为了应对倾销行为，本协议规定了以下贸易救济措施： 1. 反倾销税：当一方国家发现另一方国家的商品倾销行为对其国内市场造成实质性损害时，受损方国家可以对倾销商品征收反倾销税，以抵消其造成的不公平竞争。

2. 反倾销审查：受损方国家可以要求进口国对倾销商品进行审查，确定商品是否构成倾销行为以及对应的反倾销税率。

3. 反补贴措施：除了倾销行为外，一方国家还可以采取反补贴措施应对其他国家实施的补贴行为，以保护本国产业不受损害。

四、争端解决机制本协议建立了争端解决机制，以确保双方能够以和平的方式解决贸易争端。

具体步骤如下： 1. 争端提起：一方国家认为另一方国家违反了协议的规定，可以向争端解决机构提起争端。

2. 调解与协商：争端解决机构将通过调解和协商，寻求双方达成争端解决的一致意见。

3. 专家组成立：如果争端解决机构未能调解成功，将成立专家组进行争端的详细调查，并作出相应的调查报告。

4. 争端解决意见：专家组将根据调查结果，向争端解决机构提交争端解决意见和建议，以协助双方解决争端。

5. 争端解决结果：争端解决机构将根据专家组的调查报告和意见，作出最终的争端解决结果，并双方当事国应予执行。

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.。

4反倾销措施协议PPT课件

▪ 申请必须以书面形式提出，内容应包括倾销、损害及因果关系的证据，以及其他相关材料。
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step2.审查、立案与调查
▪ 审查反倾销申请的国内产业资格、代表性、申请材料的准确性和充分性。缺乏证据的简单判断不能满足立案的要求。
☺如何确认申请者的产业代表性？
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▪ 为保证申请人的产业代表性，《反倾销协议》除了规定对国内产业的一般理解外，还规定了进口方主管机构应对产业的代表性进行审核。
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举例
▪ 如果一家外国出口商出口到中国的板材价格为1200美元/吨（发票价），假设其间的环节包括：保险费、运费、港口费等200美元；我们了解到这家出口商在其国内的板材售价为1100美元/吨（发票价），假设其间的环节包括运费50美元/吨。
▪ 该出口商存在倾销行为吗？如果存在，倾销幅度是多大？
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出口价格的确定
▪ 《反倾销协议》把出口价格界定为：被指控倾销产品首次转售给某一独立买主的价格，若无此类转售，则由进口方政府在合理基础上加以推定。
▪ 出口价格的推定，依据《海关估价协议》给出的参考方法进行。
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正常价值的确认
《反倾销协议》给出了确定正常价值的三种方法：
▪ 第一，采用被指控产品或与其相同或相似产品在调查期间在出口方市场上已付或约定应付的价格。
▪ 限制：
进口方主管机构应自反倾销案件正式立案调查之日起60天后，才能采取临时反倾销措施。这种措施的实施时间应尽可能短，一般情况下不得超过4个月，特定情况下可以延长到6个月至9个月。
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2.最终反倾销措施
含义：在全部调查结束后，如果有充分的证据证明被调查的产品存在倾销，国内生产同类产品的产业受到损害，且倾销与损害之间有因果关系，则进口方主管机构可以采取最终反倾销措施。

海关总署公告2001年第9号-反倾销

海关总署公告2001年第9号（关于执行反倾销措施的有关问题）2005-08-30【法规类型】海关规范性文件【内容类别】关税征收管理类【文号】海关总署公告2001年第9号【发文机关】海关总署【发布日期】2001-07-10【生效日期】2001-09-15【效力】[有效]【效力说明】中华人民共和国海关总署公告2001年第9号根据《中华人民共和国反倾销和反补贴条例》的规定，海关已陆续对原产于韩国、日本、美国、加拿大、德国、俄罗斯等国的某些进口商品征收反倾销税或实施临时反倾销措施。

为保证此项工作的顺利进行，现将执行反倾销措施的有关问题公告如下：一、进口经营单位申报进口与实施反倾销措施的被诉倾销产品（以下简称“被诉倾销产品”）相同的货物时，应向海关提交原产地证明。

对于直接从被诉国家（或地区）的生产厂商进口被诉倾销产品的，还必须向海关提交原厂商发票。

对于通过境外贸易商间接进口被诉倾销产品的，也应向海关提交原厂商发票，确实无法提交时，向海关提交的由境外贸易商制发的商业发票上必须包括生产厂商名称和原厂商发票的编号。

进口属于予以排除征收反倾销税，但在《中华人民共和国海关进口税则》中难以与被诉倾销产品相区分的货物时，须向海关提交国家经贸委出具的“认定证明”。

进口达成价格承诺协议的公司的被诉倾销产品时，还须向海关提交由该公司出具的“出口证明信”。

二、对于进口经营单位确实无法提交原产地证明，经海关实际查验不能确定货物的原产地的，海关按与该货物相同的被诉倾销产品的最高反倾销税率或保证金征收比率征收反倾销税或现金保证金。

三、对于能够确认货物原产地为被诉国家（或地区），且能够确定生产厂商的，海关按该生产厂商所适用的反倾销税率或现金保证金征收比率征收反倾销税或现金保证金。

如不能提交原厂商发票且商业发票上没有生产厂商名称和原厂商发票的编号，无法确定生产厂商的，海关按该国家（或地区）所适用的最高反倾销税率或保证金征收比率征收反倾销税或现金保证金。

wto-5

第五章公平竞争与补救措施协议贸易救济措施协议）（贸易救济措施协议）
主要内容有：主要内容有：《反倾销协议》反倾销协议》《补贴与反补贴协议》补贴与反补贴协议》《保障措施协议》保障措施协议》
第一节《反倾销协议》第一节《反倾销协议》
一、《反倾销协议》的产生背景反倾销协议》
倾销（ ● 倾销（Dumping）含义） ● GATT1947至“东京回合”对反倾销的规定至东京回合” 乌拉圭回合” 反倾销协议》 ● “乌拉圭回合”与《反倾销协议》
欧美反倾销法的比较
性质和地位法律渊源的差异执行部门的不同征收条件不同时间规定替代国的计算方法不同对价格承诺的态度不同计税方法不同
第三节《保障措施协议》第三节《保障措施协议》
保障措施（保障措施（Safeguards）的含义）指成员方在进口激增并对其国内相关产业造成严重损害或严重损害威胁时所采取的进口限制措施。
案例
反倾销案例分析
苹果汁反倾销案中国新闻纸反倾销案中国彩电反倾销案
第二节《补贴与反补贴措施协议》第二节《补贴与反补贴措施协议》
（SCM, Agreement on Subsidy and Countervailing Measures））
SCM的产生背景一、SCM的产生背景
● 补贴指一国或其他组织对本国的进口替代品或出口商品提供现金资助或财政优惠补贴。 ● 反补贴措施指因实施补贴而遭受损害的国家所采取的一系列补救措施。 ● 从GATT1947到“东京回合”对补贴与反补贴的规定到东京回合” 乌拉圭回合” 补贴与反补贴措施协议》 ● “乌拉圭回合”与《补贴与反补贴措施协议》
● 保障措施的具体实施
保障措施实施的原则保障措施的形式保障措施的实施期限

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。

反倾销措施的三大形式

反倾销措施的三大形式反倾销措施包括临时措施、价格承诺和征收反倾销税。

(一)临时措施《反倾销协议》第7条规定，在符合下列条件时，调查当局可以采取临时反倾销措施：(1)已开始调查，已予以公告，并已经予有利害关系的当事人提供资料和提出意见的充分机会;(2)已作出倾销存在和对国内相关产业造成损害的肯定性初步裁定;(3)调查当局认定采取临时措施对防止在调查期间继续发生损害是必需的。

临时措施的种类包括：(1)征收临时反倾销税;(2)采用担保方式，支付现金或保证金。

临时反倾销税和保证金的数额不得高于初步裁定确定的倾销幅度。

临时措施应从开始调查之日起的60天后方可采取，其实施的期限一般不能超过4个月;如果有关贸易的*部分出口商提出要求，由调查当局决定，该期限可延长至6个月。

如果调查过程中调查当局正在审查征收低于倾销幅度的税额是否能消除损害时，则上述期间可分别为6个月和9个月。

此外，采取临时反倾销措施应遵守征收固定反倾销税的其他规定。

(二)价格承诺根据《反倾销协议》第8条的规定，价格承诺是指进口国调查当局与出口商或出口国政府就提高倾销产品价格或停止以倾销价格向进口国出口以便消除损害影响而达成的一种协议。

其中，以提高倾销产品价格形式作出的价格承诺，其价格提高不得超过经初步裁定已确认的倾销幅度。

作出价格承诺的前提是已经作出了倾销存在和由倾销造成国内相关产业的损害的肯定性初步裁定。

在初步裁定作出之前，或作出的裁定是否定的情况下，调查当局不能寻求或接受价格承诺。

达成价格承诺的要求可以是调查当局提出的，也可以是受调查的出口商提出的，但无论是谁首先提出的，对方都没有必须接受的义务。

在出口商提出价格承诺的要求时，如果调查当局认为接受价格承诺在实际上是行不通的，如存在出口商的数目过*等情况，则可以不接受价格承诺。

在调查当局提出价格承诺的要求时，出口商也没有义务必须接受，并且其拒绝接受的行为不应影响到对案件的最终裁决结果。

价格承诺一旦作出，其效果是导致反倾销调查的暂时中止，进口国反倾销当局应立即停止调查程序。

《解读WTO反倾销协议》

解读ＷＴＯ反倾销协议在ＷＴＯ框架下，反倾销通常是指，进口国反倾销调查当局依据世界贸易组织规则和国内立法，对造成该国产品实际损害的他国倾销行为，采取征收反倾销税等措施实行适度国内保护的法律行为。

１９９５年７月１日生效的世界贸易组织《反倾销协议》，是当今国际法层面上反倾销的主要行为准则，也是各成员国制定或修改国内反倾销法律的依据。

《反倾销协议》规定，欲实施反倾销措施的成员方需遵守三个条件：一是确定倾销事实的存在；二是确定对其国内产业造成了实质损害或实质损害的威胁，或对建立国内相关产业造成了实质阻碍；三是确定倾销和损害之间事实上存在因果关系。

界定倾销的要素在于外国商品价格与正常价格之间差距的大小。

按照世界贸易组织规定，倾销幅度不超过出口价格的２％或者倾销产品进口量占同类产品进口的比例不超过３％，都是可以忽略不计的。

中国加入世界贸易组织后，要受反倾销协议的约束。

应清醒认识到，中国一再被作为反倾销对象，不仅反映出口产品价格问题，也反映国内不少相关政策、立法规定的不适应性。

如ＷＴＯ《补贴与反补贴措施协议》明确反对使资源分配扭曲的专项性补贴并限制被禁止的补贴。

而中国仍存在违反该协议的政策措施，如对出口产品或企业，特别是先进技术型企业和出口型企业所得税以及流转环节税的退抵减免、成本或费用补贴、贷款或购置土地优惠等。

中国立法可以依据ＷＴＯ规则许可的全额退税原则来相应提高出口退税率，这些可退税的间接税还包括营业税、销售税和印花税等，加上世贸规则约束不了的增值税和消费税两种国内税种的立法。

这是国内法的有权立法空间。

此外就可能与世贸规则相抵触。

另外，在ＷＴＯ国民待遇原则下，应扩大对外资和民营经济的市场准入，以符合市场经济的要求，而国有企业则应尽量使自身的经营行为适应世贸规则中的市场经济要求，以减少许多不必要的反倾销麻烦。

开放市场和国民待遇原则体现在许多协议中，如《海关估价协议》、《贸易的技术性壁垒协议》、《动植物检疫协议》等。

简述乌拉圭回合《反倾销协议》的主要内容

简述乌拉圭回合《反倾销协议》的主要内容乌拉圭回合《反倾销协议》1. 引言乌拉圭回合《反倾销协议》是由世界贸易组织（WTO）于1986年启动的多边贸易谈判中达成的关于反倾销措施的国际协议。

该协议的主要目的是为了确保国际贸易中正常竞争的原则得到遵守，保护贸易利益受到不正当的倾销行为的损害。

2. 反倾销措施的定义和目的•反倾销措施是指国家为了保护本国产业免受倾销行为的侵害而采取的贸易限制措施。

•反倾销措施的目的是为了防止倾销商品对本国产业造成损害，维护本国产业的竞争力和正常贸易秩序。

3. 反倾销调查程序反倾销调查的申请•任何WTO成员都有权向WTO提出反倾销调查申请，对疑似倾销行为的商品展开调查。

•反倾销调查申请需要提供充足的证据，并符合与倾销行为相关的法律和法规。

调查程序•初步调查阶段：调查机构对反倾销申请进行初步调查，确认是否有足够证据支持继续展开调查。

•详细调查阶段：如果初步调查得出有充足证据的结论，调查机构将展开详细调查，并向相关各方收集信息和证据。

•最终裁决阶段：基于详细调查的结果，调查机构将作出最终裁决，并决定是否对倾销国实施反倾销措施。

4. 反倾销措施的实施和限制反倾销措施的种类•反倾销税：对倾销商品征收额外的进口税。

•反倾销配额：限制倾销商品的进口数量。

•反倾销价格承诺：倾销国同意将商品的价格提高到合理的水平。

反倾销措施的限制•反倾销措施必须符合国际贸易规则的规定，如不得歧视性地对待不同国家的商品。

•反倾销措施的实施必须经过世界贸易组织的审议和批准。

5. 争议解决机制如果倾销国对反倾销措施存在异议，可以通过世界贸易组织的争议解决机制进行解决。

争议解决机制将确保反倾销措施的合法性和公平性。

6. 结论乌拉圭回合《反倾销协议》为国际贸易中反倾销措施的实施和限制提供了明确的指导原则和程序。

该协议的实施有助于维护国际贸易的公平竞争环境，保护贸易利益，促进经济发展。

7. 实际应用和挑战在实际应用中的挑战•反倾销调查程序复杂且耗时，可能导致行为的损害已发生而无法及时采取有效措施。

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简述乌拉圭回合《反倾销协议》的主要内容