Comments On The EU’s Anti-dumping Case Against China Photovoltaic Products

Since China joined the WTO, China and EU have a good momentum of economic development, trade frictions are emerging at the same time. The EU market is short of activity,because of effects of the 2008 financial crisis and Europe’s debt crisis, "made in China" have gained a significant advantage in the fierce competition. EU used anti-dumping measures on China to prevent exports’ entrance in order to promote European recovery in manufacturing and protect regional markets. EU is one of China’s important trade partners, EU used anti-dumping measures frequently not only affects the interests of Chinese exporters, but also affects the EU providers, industrial users and consumers, even have an impact on further cooperation between China and EU. The case of anti-dumping on China’s photovoltaic products is by far the EU’s biggest trade dispute due to the huge amount of money involved.The case finally closed as a price promise, enterprises in China kept the EU market. The case is typical not only the efforts of China government and export enterprises but also the result of the contest between China and EU. Studying this case will help our government and exporters take measures to handle the EU anti-dumping cases. The paper take "non-market economy" and "public interest" as a starting point, analyzing this controversy from the WTO rules and EU anti-dumping law, the purpose of the paper is to promote some effective suggests for government and exporters. In response to the "non-market economy", China government should take part in international negotiations and bilateral negotiations between China and the EU actively to gain EU recognition of China’s qualification of market economy, using the WTO trade dispute settlement mechanism to protect benefits, establishing a modern market system, perfecting the market economic structure, and even take measures against sanctions when it is necessary. Enterprises should establish a correct concept of trade remedies, take the five criteria of the EU as a reference, and operate by the law.It is a necessary precondition for EU to take anti-dumping measures, which must be in line with the "public interest", and Chinese enterprises achieved success in response to EU anti-dumping case precedent, therefore, we can take advantage of the "public interest" to handle EU anti-dumping case. Government get support of the EU Member States through the strengthening of communication, and China enterprises make their own voices to the EU by communicating with materials suppliers, products importers, industrial users and consumers or consumer associations. Hope this study will be helpful to cope with EU’s anti-dumping cases.