The Current Status Of EU’s Anti-dumping Against China And Our Country’s Countermeasures

Since1979, EU’s first anti-dumping investigation case against China, some developed countries, such as America, Canada and Japan are coming after EU, have done lots of anti-dumping investigations and taxation against China. The quantity of anti-dumping investigation has increased year by year, and China has always been the most frequent investigated country all over the world. Besides, the quantity of anti-dumping cases are far more than the cases of anti-countervailing and safeguard measures, and the main reason thereof is our country’s Non-market Economy Status, which has never been admitted by EU.Non-market economy country means those countries with the nation-owned economy system and planning economy, the production, sales and prices of production are determined by the government, and in these countries, currencies can’t be exchanged freely. China has never been admitted as market economy country by EU, mainly because EU think the prices of our exported products are controlled by the government, not the outcome of free market. Meanwhile, EU also wants to protect its member states’industries.In face of the global especially EU’s anti-dumping cases against China, Chinese government, enterprises and attorneys have not enough capabilities or experience to deal with anti-dumping investigations or anti-countervailing measures, resulting in the huge taxation of our exported product unreasonably levied by EU, which has damaged a lot our exportation and interest. Meanwhile, there were some enterprises such as Baosteel that had won the lawsuit or gained the Market Economy Status through participating the lawsuit or application actively, but it was the very limited successful case.Based on the antidumping history and current situation against by EU, making it clear that how EU’s anti-dumping rules and laws work, especially the articles and main procedures used by EU’s anti-dumping frequently against China. The author begins from the Non-Market Economy Status and analyze the typical EU’s anti-dumping cases against China in recent years, such as the steel fastener case, hoping to find the process and reason of EU’s determination of non-market economy status. In connection with the cases, the damages to our trade to EU without market economy status should be understood, recognizing the importance of market economy status and after being considered as non-market economy status, how our government, enterprises and attorneys find the strategies and plans to deal with all kinds of anti-dumping investigations and lawsuits against by EU to improve the passive situation of facing the global anti-dumping cases for a long time.When facing the problems of EU’s anti-dumping against China, we could use the WTO dispute settlement body. Out of self-protection and shortcomings of the anti-dumping investigation procedure, EU has more or less do some favor to the enterprises of its member states. During the hearing and debatement, striving for the market economy status is an important step for winning the suit or verdict. Therefore, WTO dispute settlement body was founded. Our country should participate positively and supply all kinds of legal evidence materials fully to face the anti-dumping by EU. Besides, we should apply the admittance of market economy status and use the WTO dispute settlement body to prevent anti-dumpings.From the aspect of our country’s Non-market Economy Status, the author hopes to analyze EU’s anti-dumping reasons and measures in detail and to find the legal paths and counterstrategies, so that our government, enterprises and international lawyers won’t be afraid any more when they face the exportation trade to European and American developed countries, looking forward to making our country from big trade country to world trade strong country.