The Anti-dumping Of The European Union Towards China From The Angle Of Law And Chinese Countermeasures

After 30 years'reform and opening-up, Chinese economy presents continuous, rapid development tendency and the foreign trade has also had the fundamental change. In developed countries, a large number of commodities made in China make the consumers profit. Along with the economic globalization and the region integration's thorough development, China which is called the industrial workshop of the world is getting more and more frequent economic and trade exchanges with the exterior countries. And the trade friction is also getting more and more intense and friction between China and EU has the typical characteristic. Followed by the saccharin case, EU frequently starts to institute anti-dumping towards China. The anti-dumping has become the significant barrier which affects the trade development between China and EU and we should not neglect the influence of the anti-dumping on our country's foreign export trade. Therefore, how to adopt effective strategy to deal with the anti-dumping instituted by EU becomes the major issue which we could not but face.As the bloc, EU's situation is more complex than the single countries'. Therefore, it can provide us with various experience and guidance by studying the anti-dumping launched by EU such as dealing with the anti-dumping launched by developed countries and developing countries.The whole paper divides into five parts.The first chapter makes a brief introduction to the anti-dumping of the European Union towards China. EU has a set of reasonable anti-dumping law. It amends and consummates the anti-dumping law in good time, which comprehensively and effectly takes effect to assert EU's rights. Some remarkable features about the anti-dumping of the EU towards China are as follows. Firstly, the EU enlarges the scope of anti-dumping measures as a result of its expander and every member state applying the same anti-dumping policy. Secondly, along with the development of our national economy, more and more high-grade goods possessed of superiority are included in case, besides low-grade goods. Thus China suffered a major loss of money. Thirdly, the cases grow in quantity and amount of money. Fourthly, under the economy crisis background, it posses diversity and flexibility. China will be faced with formidable challenges and great risks.The second chapter analyzes non-market economy status and the influence of the anti-dumping on China. The main causes and measures of anti-dumping towards China are as follows. Cold war and the actural pressure from industrial production lead to lots of anti-dumping investigations. Expiry review and anti-circumvention which is called stealth means are the measures of anti-dumping investigation.The next part mainly analyzes the content and effect of non-market economy status. The main contents are as follows. The EU formulated five standards of market economy but these standards failed to solve the problem of non-market economy status. The non-market economy status is based upon international law and domestic law. And EU follows America's lead on the problem non-market economy status. The problems of enterprises provide EU with excuse to deny Chinese market economy status. In the process of China's rise, developed countries hope to impel China to establish the rules of competition. In other words, the essence of the non-market economy status is the rules of competition which conform to developed countries. We should treat it rationally when we get a clear understanding of the essence of non-market economy status. The non-market economy status is not the determinant of anti-dumping. The internal cause of anti-dumping is not the non-market economy status but the problems of the export commodities. Improving the international competition of domestic goods is the key to dealing with anti-dumping.We should not center on the non-market economy status. Analogue country system plays a crucial role in the problem of non-market economy. As developed countries are chosen to be analogue country, dumping profit increases by a big margin and anti-dumping tax is raised. In a word, anti-dumping makes the market share of our goods shrink and aggravate the unemployment problems. And at the same time, enterprises and governments have to pay more money and spend more time.The third chapter simply appraises the circumstances that we deal with anti-dumping. In the aspect of the enterprise, the export sales markets is relatively unitary. And when the enterprise wants to shift risks, this situation makes enterprises be in adverse circumstances. For the most part the enterprises don't have a better understanding of the anti-dumping problem. Some enterprises lack initiative and positiveness, and some don't attach importance to the preparation of anti-dumping. The relationships between trades are loose. So it is difficult to get the enterprises of the same kind to harmonize on anti-dumping. Governments also have a lot of problems. Firstly, the structure of market economy has some drawbacks, the real modern systems of enterprises are not fully set up and foreign trade management lacks effective concerted mechanism. Secondly, laws related to anti-dumping are not mature, and they lack the sense of manipulation. Governments have no choice but to deal with these questions.The fourth chapter gives the viewpoints and suggestions on how to deal with the anti-dumping of EU towards China. In order to effectively deal with anti-dumping, we should set up rational and mature mechanism, enterprises and government should make a concerted effort. We should deal with specific cases from the following two aspects. Firstly, enterprises should strive to reach price undertaking with EU, which is beneficial to manufacturers. Secondly, enterprises should make intensive preparation, promptly adopt a series of related measures and strive to cooperate with community. And enterprises should make the best use of the dispute settlement systems of the WTO. In the long run, we should set up the anti-dumping mechanism that the enterprises are the central part, intermediary organizations provide good service and governments offer macroscopic guidance. In the aspect of the enterprise, it should conscientiously research and make the best use of anti-dumping laws which is related to EU. Enhancing the capacity of competition, which is the fundamental measure to avoid anti-dumping investigation. Enterprise should positively apply law and launch anti-dumping investigation to contain the abused anti-dumping measures. In the aspect of trade association, as the interested party ,it takes part in the lawsuit direct. And in order to effectively safeguard the interests of the enterprises, trade association should set up the prior-warning mechanism of anti-dumping. In the aspect of government, firstly, it should speed up the restructuring of economic systems and set up the real economic structure. Secondly, laws related to anti-dumping should be made to be mature. In order to safeguard its rights, government should positively take part in the legislation of WTO. And it should impel more countries to acknowledge China's market economy status through negotiation and consultations.The fifth chapter is the concluding remarks. Under the economy crisis background, there will be more and more trade protectionism, and our foreign trade will meet with grim challenges. Through analyzing the anti-dumping of EU towards China, I hope to provide some useful experience and guidance when our country's enterprises deal with other countries'or districts'anti-dumping. I also hope that our country gradually become a powerful nation, which don't fall into a series of anti-dumping.