A Study On The Status Of Enterprise Independence In American Anti - Dumping System

Standing from the perspective of enterprises, this thesis discusses the possibilities and methods of Chinese enterprises involved in the US anti-dumping investigation to break the non-market economy rules by fighting for the separate status.The introduction section provides a brief introduction to the present situation and characteristics of the anti-dumping investigation conducted by the US against China, suggesting the significance of discussing the separate status of enterprises. It is also pointed out in this part that though the Chinese government and relevant industry associations have been involved and taken measures in the US anti-dumping cases of various kinds in different degrees, being the protagonist in the trade friction war, it is the enterprise itself that should respond to these charges. The issue of the separate status of enterprise is not only an analysis of obtaining the separate rates, but also a discussion of ways to explore how to better respond to the US anti-dumping investigations from the point of enterprises.The first chapter is a basic overview of the separate rates. The issue of the independence of enterprise was initiated by the discussion to determine the normal value of the export products from non-market economies, indicating in a fundamental way that, the issue of independence of enterprise is the determination of normal value. The thesis further details the sources of law of China being a non-market economy and the methods used by other non-market economy countries similar to China to determine the normal value in the context of the US anti-dumping system, thus summing up the remedy means adopted by Chinese enterprises to seek independent status in the provisions of the US anti-dumping system, such as separate rates application and market-oriented industry.The second chapter focuses on the method of the separate rates application for enterprises to obtain its independence. In the first section, approaches for mandatory respondent companies to prove their independent status and problems that need to be paid attention in the application are introduced. Section two mainly deals with the policies and application of separate rates. By quoting the case of Chinese wooden bedroom furniture companies responding to the charges, it first details the changes of the separate rates rules in the anti-dumping investigations conducted by the US Department of Commerce. Then, different separate rates applications of various types in the US anti-dumping investigations and reviews are introduced. At last, details are also provided in the precautions of the separate rates application in investigation, procedural differences of separate rates application in administrative review and ways to obtain separate rates for new shipper review. Practice problems that need attention are also analyzed in this part.The third chapter fully illustrates the independent status of Chinese enterprises by a brief analysis of the legal facts of Chinese enterprises. By presenting analysis of some typical cases, this part elaborates the possibilities and ways of state-owned enterprises to obtain separate rates. It particularly highlights the key to applying for independence for existing enterprises and offers measures for enterprises to fight for their independence.In chapter four the author puts forwards her humble views to this issue, pointing out the dual characters of the US Department of Commerce in applying the discretion in the anti-dumping process. The author also points out that the testing standard of separate rates of the US Department of Commerce reveals its negation to the state of the rule of law in China. At last, it is concluded by the author that the issue of enterprise independence is the product of the institutional game between the two economic system of China and the US.