Analysis To The Case Of EC Vs PRC On CFS

On April17,2010, because of European Association of Fine Paper Manufacturers(CEPIFINE)’s application, the European Union (EU) starts to make an anti-subsidyinvestigation of Chinese coated free sheet paper (CFS) export to European. Before, theEuropean commission has launched the anti-dumping investigation to Chinese CFS export toEuropean. On May14,2011, the European Union is coated with China anti-dumpingcountervailing case to make the final ruling; China’s exports to the European Union of CFSwere imposed8%-35.1%anti-dumping tariffs and4%-12%countervailing measure tariffs.The case is the first time the EU carrying on countervailing measures to China, is the firsttime the EU adopting a “double remedy” measures to China, is also the first time the EUtaking the lesser duty rule to “non-market economy country” in “double remedy”. Because theEU is the China’s first big export trade partners, so it is important to study and analysis thecase practical significance.The author browsed a large amount of Chinese and English websites and consulted manybooks and reference materials, on the basis of the method combining theoretical analysis andempirical analysis, from the international law and domestic law of the EU in two dimensions,analysis the EU taking countervailing measures, while taking the “double relief” measures oflegality and rationality, as well as the EU “double remedy” of using lesser duty rule, on theresearch of Chinese scholars on the basis of the analysis, combined with this case puttingforward some suggestions, hoping our country henceforth encounter similar problems asreference.This paper is composed of three parts, This paper is going to explore the matter throughthree steps, including introducing the case, analyzing the case and discussing thecountermeasures and suggestions gained from the case.The first part is about the fundamental results about the case and is divided into threesections including basic situation, the characteristics and influence to the case, majorreasoning and the dispute focuses of each party.The second part of the case analysis is a central part of the article, divided into3sections,respectively for China products around the legitimacy of the countervailing measures forChina, and at the same time take the subsidies, anti-dumping measures of the legality and the rationality, analysis the EU anti-dumping countervailing taking the lesser duty rule.Accordingto the legal system and legal theory judgment the case legitimacy and rationality.The third part of the paper is the countermeasures and suggestions of the case, on theresearch of Chinese scholars on the basis of the analysis, combined with this case, from theChinese government and enterprise two aspects put forward countermeasures to the similarcases.