Anti-dumping and Chinese Enterprises' Countermeasures (I)

Summary: After China became a full member of the WTO, anti-dumping measures such as "legitimate" trade protection have become an important form of discriminatory trade barriers in some countries. The author's concept of anti-dumping under the WTO mechanism is currently accused of dumping in China. The status quo, foreign anti-dumping analysis of China's harm was made, and put forward their own views on the response measures of Chinese enterprises.
Keywords: anti-dumping WTO, Chinese enterprises responding to measures
<br> Before China became a full member of the WTO, Chinese enterprises were subject to foreign direct restrictions on quotas, licenses, and other restrictions on exports of China's exports. China became an official WTO organization. After members, anti-dumping measures such as "legal" trade protection will become an important form of discriminatory trade barriers in some countries. Anti-dumping activities led by the United States and the European Union have been buzzing in recent years. Asian countries as important targets, first South Korea and Japan, followed by India, Thailand, Indonesia, Vietnam, the Philippines, China, and Taiwan, have become the victims of anti-dumping in Western countries. The people suffered great losses. Our country is the biggest victim of the latter and surpassed Korea and Japan. So far, China's export products have received 426 anti-dumping investigations in nearly 40 countries and regions, involving more than 4,500 products, ranking first in the world, and being the biggest victims of international anti-dumping. It can be said that studying anti-dumping and Chinese enterprises' response measures has become our top priority.
I. What is the Anti-Dumping Mechanism under the WTO Mechanism? The current WTO anti-dumping rules, as a set of detailed legal rules, have been developed on the basis of Article 6 of the GATT. Article 6 of GATT is based on the anti-dumping legislation of various countries. Understanding it can help us understand the WTO's anti-dumping rules. According to the agreement reached by WTO members on the implementation of Article 6 of the GATT 1994: “If the export price of a product from one country to another country is lower than that of a similar product that is consumed by the exporting country during normal trade, The price, that is, the business entering another country at a price lower than the normal value, the product is considered dumped.” If the alleged product has been dumped and caused damage to the importing country, and the damage was caused by dumping, The importing country may impose anti-dumping measures on the products of the exporting country. In general, the determination of anti-dumping procedures generally includes six links: prosecution and filing, questionnaires, evidence verification, preliminary awards, final awards, hearings or appeals.
Second, the current situation and problems of China's dumping control (I) The problem of China's "non-market economy countries" as one of the three WTO trade remedy measures, anti-dumping is currently the most commonly used in the world to standardize the trade order and resist unfairness. The important means of competition. Over the past 20 years of reform and opening up, China’s export volume has doubled, and traditional textile, electromechanical, animal husbandry, Minmetals chemical, medical insurance and other export products have great labor and raw material price advantages, and are in a favorable position in the international trade competition. The pressure on the relevant industries in the importing country is that some local governments use the "alternative country" method to calculate dumping margins when China's anti-dumping decisions are based on China's "non-market economy countries." This practice often results in the dumping of products that have not been dumped in China, or the products that were originally only slightly dumped are judged to be highly dumped.
According to the anti-dumping law of the United States, the normal value of dumped products from non-market economy countries is generally determined by the value of the factor of production, that is, through the relevant price of one or more market economy countries, which is used in the production of the product. The value of production factors and related costs are estimated to determine the normal value of the product, completely disregarding the comparative advantages of “non-market economy countries” in overall production and input of various production factors, which is very unfavorable for Chinese enterprises. The practice in these years also shows that once many of our country’s export products are included in the survey, it will be difficult to get rid of dumping.
(II) The current situation of China's dumping control 1. The number of countries and regions that have complained against China's export commodities for anti-dumping has increased. In the 1980s, the implementation of anti-dumping measures on China's exports was mainly concentrated in the European Union, the United States, Australia, Canada, and other western developed countries. Since the beginning of the 1990s, some developing countries such as Brazil, the Philippines, Thailand, and Ecuador have also joined the ranks of anti-dumping measures against China's exports.
2. The range of products involved in anti-dumping has become increasingly widespread. China's anti-dumping export commodities include low value-added primary products such as ores and basic metals, as well as technical and capital-intensive products such as electromechanical equipment and television sets, but also textiles with comparative advantages. , light industry and other products.
3. The scale and amount involved in anti-dumping cases are increasing. According to authoritative statistics, since the 1990s, Europe and the United States and other countries have reached 15 cases of anti-dumping cases involving more than 100 million U.S. dollars. For example, the amount of travel bags was 600 million U.S. dollars, the bicycle case was 200 million U.S. dollars, and the coke case was 134 million U.S. dollars. Recently, another 11 US steel companies formally filed anti-dumping lawsuits against six steel companies including Baosteel, Angang, Wuhan Iron and Steel, Angang, Benxi Steel and Laiwu Steel.
4. Anti-dumping abroad has a chain reaction effect. After an export product of China was subjected to anti-dumping lawsuits in one country, other countries worried about the flood of Chinese products to their country, so they took anti-dumping complaints to prevent the export of China's exports of brush, tungsten products, shoes, silicomanganese, carbonization Silicon, potassium permanganate, ferrosilicon, steel plates, etc. have all experienced such bad luck. (To be continued)

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