Eu Anti-dumping Law System Research

This article is an attempt to explore systematically EU anti-dumping law and its practices, especially to focus on the comparison between EU anti-dumping Regulation and GATT anti-dumping Agreement in order to correct our comprehension errors on EU anti-dumping law research. Based upon full understanding of EU anti-dumping law, author advance a series of countermeasures for promotion of Chinese export to EU and propose to take advantage of EU anti-dumping law to further the refinement of Chinese anti-dumping legislation. With 42 000 Chinese characters, this article consists of four parts.PART â… : Introduction to EU anti-dumping law and its impact on China. After an overview of history of EU anti-dumping law, author analyse the functions of the three institutions directely involved in anti-dumping procedure: Council, Commission, EC Court. On EU anti-dumping law impact on China, author develop separately China's taking use of EU anti-dumping law in her legislation and repercussions of EU anti-dumping law on Chinese foreign trade.PART â…¡ : A detailed analyse on requirements of EU anti-dumping: existance of dumping, existance of injury, causation between dumping and injury, community interest calling for intervention. Concerned the 5 points of market economy, author point out that it's very difficult for Chinese corporations to satisfy points 2 and 3. In fact, point 2 imposes an accounting standard higher than that of economy country, and in China on transformation from centrally planned economy to market economy, it's inevitable for an enterprise's productioncosts and financial situation be sisnificantly distorted, which is originating from non-market economy. On existance of injury, author distinguish margin of underselling from margin of undercutting, pointing out that margin of anti-dumping duty equal to that of underselling makes injury caused by dumping accountable for all the difference between actual market price and threshold price of EU enterprises. "Community interest" clause gives us a new perspective in examining the phenomenon of dumping . Although it is marginised in most cases, it would play a greater role since it facilitates our comprehensive mastery of advantages and disadvantages of anti-dumping through the examination of national welfare maximisation.PART â…¢: Anti-dumping procedure. Firstly, author examine the evidentiary threshold requirements and the locus standi of the applicant in initiation of proceeding; Secondly, author analyse by what means EU institutions, during investigation, protect the interested parties' rights, especially how to balance confidentiality and the defense right of interested parties. On refund and administrative review, author advance their main distinction: refund is limited to investigation of dumping, review can include the investigation of dumping and injury.PART â…£: Conclusion. Author explore the shortcomings of Chinese, ant i-dumping legislation and the countermeasures to EU anti-dumping toward China. Author emphasize "public interest" test should be added to Chinese anti-dumping legislation in order to apply selectively the anti-dumping measures for themaximisation of national welfare.