Countermeasures Of Chinese Enterprises To The Eu Anti-dumping Proceedings

The thesis addresses the issue of the non-market economic treatment of the Chinese companies in the EC anti-dumping cases and the practice of Chinese companies in fighting for the market economic treatment. The study is made on the basis of the EC anti-dumping cases against imports from China since 1979, and the WTO Anti-dumping Agreement, EC legal system of antidumping, including the EC Regulation 384/96 and its amendment Regulation 905/98 on market economic status for Chinese companies. The author of this thesis also makes reference to the relevant literatures of both Chinese and foreign scholars.The purpose of the study is to explore possible ways of the Chinese companies in fighting for the market economic treatment and defending their legal rights, in a broader setting of multilateral rules of anti-dumping and the EC Basic Regulation. The study finds out that the nucleus of the EC antidumping policy against imports from China is the non-market economic treatment that lands Chinese companies in an detrimental and passive position in developing the international marketThe whole thesis consists of four chapters, plus a preface and a list of documents and literatures. Chapter One is an overview of the EC antidumping law and practice. It observes an evolution over the past 34 years of the EC law on anti-dumping from less legalism to a relatively-sound legal system. It also analyses certain procedure aspect of the EC anti-dumping law and the effect on the Chinese companies. Chapter Two makes observations on EC amendment concerning market economic status for the Chinese companies in the EC anti-dumping proceeding by making analysis of the amendment and discussing the practice so far and reveal the ways of the Chinese companies in fighting for the market economic treatment. Chapter Three makes an analysis in depth on two important aspects in the EC antidumping law discriminating imports from China: surrogate approach and one-country-one-duty formula. It concludes that although Chinese companies could not get market economic treatment in the EC anti-dumping cases, they can defend their legal rights by exploiting the flexible provisions in EC antidumping law. Chapter Four is the conclusion of the thesis and suggestions made to the Chinese government and companies.Based on the study, the dissertation draws a general conclusion that the fact that the EC anti-dumping law and practice have long been discriminating imports from China cannot be justified by slow adaptation of law to the China ' s reality, but hides a concerns being afraid of the increasing competition from the Chinese companies. But the EC amendment concerning market economic status for Chinese companies in the EC anti-dumping provide an opportunity to Chinese companies to fight for the market economic treatment and defending their legal rights.