反倾销介绍及案例分析
At prsent 35% of the world anti-dumping investigations and 71% of the anti-subsidy investigations are directed against Chinese exports. By the year of 2008, China has been hit the most by anti-dumping investigations for 14 years in succession and by anti-subsidy investigations for 3years running.Since November 2008 , China had suffered more than 100 of trade barriers measures, accounting for nearly 1/3 of the whole protectionism measures, ranking first throughout the world. 目前全球35%的反倾销调查和71%的反补贴调查针对中国 出口产品。截至2008年,中国已连续14年成为遭受反倾销 调查最多的经济体,连续3年成为遭受反补贴调查最多的经 济体。仅自2008年11月以来,中国就遭受超过100项的贸 易保护主义壁垒,占同期世界各国各地区采取的贸易保护 主义措施的三分之一强,名列世界第一。
In terms of the items, the anti-dumping and countervailing investigation initiated against China are mainly concentrated on steel, texiles, auto parts and light industry products.
Anti-dumping and countervailing duties against
China in 2009
Anti-dumping and countervailing duties
Anti-dumping and countervailing duties allegedly occur when a product sells its products abroad at an “unfair” price, generally defined that the firm charges its domestic customers or “below cost”.
Dumping is often seen as equivalent to predatory pricing selling below cost to drive competitors out of business.
WTO allows countries to impose anti-dumping or countervailing duties on a product
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In terms of the countries and regions that initiated antidumping and countervailing investigations against China, India comes to the first place to file the most cases against China. Although the number of compliants that EU and the US made is less than that of India,they two still hold a tremendos market share accounting for 40% in Chines exports.
Existence of dumping
When there is Material injury
Cause-and-effect #34;After the global financial crisis, foreign enterprises are facing competition and dual pressure from global and domestic market because of the rapid decline in global marlet demand. many countries had introduced a variety of trade-protecting measures to prevent global market from shrinking due to trade diversion.
Reason
For the enterprises in China, anti-dumping is fairly unfair. Some countries such as EU and U.S. do not aknowledge China as a nation of market economy. And therefor cost and price are planed, not determined by the market, resulting that when calculating "normal value", foreign countries uaually adopt a "surrogate country"'s market value to replace the cost and price of the enterprises involved in China. The approah mentioned above is appearantly unfair . However, the US and EU will contine to adopt this approach in the next 15 years.