Analysis Of EU Anti-dumping Case Against Photovoltaic Products From China

With the consumption of non renewable resources,the human demand for clean and renewable energy is becoming more and more intense,and the photovoltaic industry which is emerged as the times require is developing in full swing.The photovoltaic industry is booming developed in China,caused a great threat to the competitors in Europe,the United States and other regions,so some relevant industry associations and enterprises in the EU continuously demand the EU to make an investigation into the dumping of Chinese photovoltaic products which is exports to the EU,finally in 2012 they formally submitted the investigated application for dumping on Chinese photovoltaic products which is exported to Europe to the EU.In recent years,the development of trade economic to foreign in China has made great achievements,and the number of anti-dumping investigation on us is at the first stage in the world,our relevant enterprises frequently suffered foreign anti-dumping investigations,which is caused huge economic losses to enterprises.Take the investigation from the EU on anti-dumping case of Chinese photovoltaic products as an example,analyze the causes of anti-dumping investigation on Chinese photovoltaic products from the EU and the adverse effects on the relevant export enterprises in our country,analyze the case from the two aspects of "non market economic subjects " and "public interest principle",and put forward the corresponding suggestion to deal with anti-dumping investigation from the EU later,hope it will help for trade related departments and enterprises of our country in dealing with anti-dumping investigations from abroad.Part one,the basic facts of the case,the disputed points of law and the result of the negotiations.In July 27,2013,EU Trade Commissioner Karel De Gucht Hurt announced,after negotiations with the European Union,China PV trade dispute has reached a "friendly" solution,the program will be submitted to the European Commission recently approved.In this section,the author introduces the main controversial points of the law: the identification of the status of market economy and the application of the principle of public interest.Part two,non market economy status dispute.In this case,the first controversial focus of the two sides is whether the EU can recognize the market economy status of the responding enterprises in china.The European Union does not recognize the market economy status of any photovoltaic company in China,so the first ruling is considered dumping.Part three,the principle of public interest disputes.In the current law of EU,the provisions on the principle of public interests is perfect,even if an act is full compliance with the relevant factors of dumping,as long as the behavior does not violate the principle of public interest,it cannot be ruled as dumping,these provisions and the principles of WTO take care of each other.This is the legal basis for our enterprises to deal with the anti-dumping charges from the EU.Part four,the reflection and inspiration of the case.The author makes some reflections on some previous cases and investigates the current situation of anti-dumping and safeguard measures toward Chinese export products,and analyzes the reasons for the high status of such cases.And also gives some suggestions for our government and enterprises to deal with such measures of anti-dumping towards China in terms of legislation,treaty design and enterprise management.