1、国外对华反倾销现状分析及对策思考Analysis of current situation of antidumping against China abroad and CountermeasuresSince the reform and opening to the outside world, Chinas foreign trade has been increasing, and its status on the international trade stage is increasing day by day. But at the same time, some count
2、ries in the world regard Chinas export commodities as the main targets of anti-dumping. Therefore, to understand and grasp the anti-dumping theory and regulations relating to international trade, research and analysis of foreign anti-dumping situation and reasons, and puts forward corresponding coun
3、termeasures and suggestions, for the elimination of foreign trade barriers, promote economic development, has a very important practical significance.First, the nature and role of anti-dumping law in international tradeDumping is the act of artificially selling a product at a price below the normal
4、value in a country and causing substantial harm to its country. In international trade, the motives for dumping are varied, but no matter what the motive is, it is essentially an unfair trade measure. Therefore, in practice not only by governments and enterprises of the importing countries against,
5、but also forbidden by the international community, the international community and countries gave full attention to the dumping, and restricted by conventions and domestic legislation. The international anti-dumping law was born in January 1948, the Sixth General Agreement on Tariffs and trade (GATT
6、), which came into effect temporarily. This provision clearly announced anti-dumping behavior should be condemned, the parties are entitled to the right to resist dumping, anti-dumping has become a basic principle of GATT, a free competition under the conditions of competition rules to regulate the
7、behavior of enterprises to participate in the competition, protecting the market economic order of fair competition.For decades, the international anti-dumping law has been continuously developed and improved. Formed in 1967 “anti dumping regulations“ on the basis of the “1979 anti dumping code“, to
8、 entrust to the import country in anti-dumping procedure to a certain degree of flexibility, which is mainly reflected in the following two aspects: one is to cancel the dumping should be the main reason of damage “, as long as you can is a dumping causes of damage, further relaxation of the impleme
9、ntation of anti-dumping conditions; two is to develop a“ price promise “clause. Reached GATT in 1980s, the Uruguay round of multilateral trade negotiations in 1994 “anti dumping code“ is based on the original “code“ on the introduction of the new rules, entrust to the import country in its economy f
10、rom the abuse of free trade and other acts of unfair competition against the strong protection function, to regulate trade behavior, reduce the trade disputes.The practice clearly shows that the international anti-dumping law has the nature and function of trade protection. Whether the GATTs history
11、 (GATT), or the World Trade Organization (WTO) advocated free trade, does not exclude the trade protection, but many in the elimination of tariff and non-tariff barriers, and vigorously promote trade liberalization at the same time, pay attention to the appropriate protection of the importing countr
12、y. At present, anti-dumping has become a tool universally recognized by the international community, especially developed countries, to protect domestic industries from damage.More and more countries have modified or formulated their own anti-dumping laws in accordance with the provisions of the int
13、ernational anti-dumping law. Therefore, the correct understanding and grasp of the nature, function and rules of international anti-dumping is an important prerequisite for us to correctly formulate strategies for dealing with foreign anti-dumping against China and effectively reduce or avoid the ac
14、cusation of anti-dumping.Two, the basic situation of anti-dumping against China abroadSince the reform and opening to the outside world, Chinas foreign trade, especially the trade with the western countries, has developed rapidly. In 1999, Chinas total foreign trade volume reached US $360 billion 70
15、0 million, of which 165 billion 800 million U.S. dollars of imports, exports $194 billion 900 million, trade surplus of $29 billion 100 million. Many countries, especially the western countries, believe that China is in a favorable position in foreign trade. To some extent, this has stimulated forei
16、gn competitors to use anti-dumping laws to accuse our dumping of exports.The first case initiated anti-dumping investigation from 1979 EC on Chinese saccharin, salt and alarm clock, to the early September 2000,The total number of anti-dumping cases against China has reached 378, involving most of th
17、e more than 20 major categories of Chinas export commodities, with a total amount of at least about 10000000000 U. S. dollars. According to relevant information, in recent years, international anti-dumping cases, accounting for Chinas exports, accounting for about the total number of anti-dumping. I
18、t seems that China has become the main target of international anti-dumping, and Chinas export trade is facing a serious threat of anti-dumping.At present, foreign anti-dumping on Chinas export commodities mainly has the following characteristics:1., the frequency of anti-dumping proceedings is freq
19、uent. Since 1979, our products for the first time in the west by anti-dumping litigation so far, our products have repeatedly been anti-dumping litigation, especially after entering in 1990s, a growth trend of Chinas products to the charges, such as the European Union only in 1996 and the first half
20、 of 1997 has launched 10 anti-dumping investigations against Chinese, in July 1998 the China cotton fabric as a target to anti-dumping investigation, Chinas enterprises to make pricing commitments, or the imposition of anti-dumping duties. At the beginning of the Spring Festival in 1999, the Europea
21、n Union announced the imposition of punitive anti-dumping duties on steel wire ropes and rope ropes imported from China, Hungary, India, Mexico, Poland, South Africa and Ukraine. Recently, China products suffered a series of anti-dumping doom in the world, just 9 companies responding to EU anti dump
22、ing, the EU and the Chinese energy-saving lamps of anti-dumping investigation; the United States began in June to impose anti-dumping duties on China concentrated Apple Juice, mid August China accused of dumping steel products in the United states. According to statistics, from the first half of 199
23、9 to the first half of 2000, there were 53 cases of anti-dumping prosecution against China, and 10 cases were on file, involving about 1 billion 500 million US dollars worth of Chinese exports.2., the scope of the accused dumping products has been expanding. In recent years, the scope of anti-dumpin
24、g products in western countries has been expanding. As long as they think that products that are harmful to or will be harmful to the countrys competitive industries, they can be classified as dumping products. Relates to footwear, electric knife, lighters, paint brush, bicycle, pencil, drawer slide
25、s, bags, resin tableware, stainless steel tableware, brake disc, brake drum, cable TV, as well as chemical raw materials and agricultural products and other 4000 kinds of goods. Especially, the Special 301 clause and the super 301 clause of the United States have extended the scope of protection fro
26、m general merchandise to labor service, investment, intellectual property rights, etc., and the scope of litigation can be further expanded.3., the determination of dumping of Chinese products is very subjective. In general, dumping must have three conditions: one is the product to be lower than the
27、 domestic price or export to third countries sales price to the importing country; two is the number of sales soared; three is selling products harmful material to the importer, and the causal link between the dumping and damage. However, some western countries do not have all these conditions for d
28、umping, and sometimes they do not have any dumping conditions at all. Subjectivity in determining which products are dumped. As the target of dumping products, most of them are competitive industries, especially those with low value-added and labor-intensive products. Such as Chinas production and e
29、xports to Europe cotton gray fabric prices have been rising from 19921996 years, but the market share in Europe in 1995, 1996 and 1997 were basically flat. In this case, the intention of dumping is obvious. That is the developed countries of the textile industry has lost competitiveness in developin
30、g countries in the low-end products, so they in order to protect the weak enterprises, reduce unemployment, once the anti-dumping lawsuit will determine the existence of dumping. In determining the anti-dumping duties levied, it also has a strong subjectivity. In practice, it is often necessary to t
31、reat all countries exporting the same product without unified standards. For example, in 1998, the average tax rate for anti-dumping of cotton fabric in China, India, Egypt, Indonesia and Pakistan was 12%, but for China it was levied 6 months and 15.7% of the provisional anti-dumping duties. In fact
32、, the price of cotton grey cloth exported to Europe is 40% lower than that in china. Moreover, in February 1999, China announced 6 months of punitive anti-dumping duties on wire ropes and cables for China, India, Mexico, Poland, South Africa and Ukraine, of which South Africa was 33%, while China wa
33、s 74.8%. The aim is to squeeze Chinas products out of the European market.4., the imposition of anti-dumping duties is very large. In some western countries, the imposition of anti-dumping duties is very large, ranging from 10 percent to several hundred percent, or even thousands. Such as Mexico in
34、December 1993 on Chinas footwear exports 165% tariffs, 232%, 313% and 1105%; and in July 1997 the U.S. Department of Commerce on the export of some enterprises in China anti-dumping tax rate crayfish averaged 122.9%, the lowest is 91.5%, the highest is 156.7%. Faced with such a high tax rate, no one
35、 enterprise can afford, this means that Chinas related enterprises will have to withdraw from the occupied market share.Three, the analysis of the reasons why our export commodities have been repeatedly accused of anti-dumpingThe reason of our export commodities repeated foreign anti-dumping is vari
36、ous, both international and domestic have; both objective and subjective also; in addition to the effects of economic factors and legal factors. On the whole, it can be analyzed from the following aspects.1., the international economic and trade situation forced. On the one hand, the western countri
37、es in recent years (except us) general economic downturn, they (including the United States) for the protection of their products in the domestic market, and the frequent use of anti-dumping measures to restrict foreign products to enter. On the other hand, the effect of the Uruguay Round agreements
38、, requires countries to slash tariffs and to eliminate import restrictions on the number of countries, to offset the results of the negotiations on the impact of domestic industry, anti-dumping have adopted this convenient and effective measures. In recent years, China has witnessed rapid economic g
39、rowth, a large variety of export products and a large amount of goods, and has maintained a favorable balance of trade with many countries, especially the western countries. It has naturally become one of the main objects of anti-dumping.2., institutional differences lead to discrimination. Some cou
40、ntries in the world especially western countries has prejudice to the socialist Chinese, on the use of “non market economy“ treatment China, imperious to replace the countrys price is calculated on the basis of the reference price in third selection and have an ulterior motive or irresponsible. And
41、on Chinas foreign trade enterprises to “state“ on the grounds that the widespread implementation of the anti-dumping tax rate single, even to the anti-dumping as for the whole country to award individual enterprises, a company that suffered anti-dumping, the same export products as the defendant, th
42、e apparent lack of fair and reasonable. Even if the EU anti-dumping policy change in April 1998, but also said Chinas “non market economies“, for China is still the implementation of discriminatory anti-dumping measures, using the “reference map“ and other unfair practices.3., price competition is t
43、oo strong. Our product itself has a low-cost competitive advantage, the price is cheaper. Plus export disorder, export enterprise price competition, resulting in Chinas export commodity prices fell sharply, constitute a threat to the import of Chinese enterprises.4., the export structure is out of b
44、alance. From the view of product structure, most of our exports are labor-intensive textiles. The added value of mechanical and electrical products, chemical products and products is relatively low, which makes it easy for importing countries to make a low dumping impression. According to the market
45、 structure, 65% of Chinas direct exports and re exports through Hongkong are based on Europe and America as the target market, and exports are too concentrated. Such as metal magnesium products in Chinas exports to the EU in 1993, less than 100 tons in 1996, up to 11000 tons, so the huge volume of e
46、xports growth, how can not the anti-dumping of EU to provide an excuse.5., lack of international marketing strategy. Most of Chinas export enterprises lack in-depth investigation and overall grasp of the international market. Most of them rely solely on low-priced strategy to enter the international
47、 market, and they do not pay enough attention to the means of external price competition. One side，Some export enterprises eager to clinch a deal, in the business of importing country truly grasp the market level and price level, price is low, easy to cause the importer “cheap and shoddy“ impression
48、; on the other hand, due to the lack of research on the consumers of the importing country customs, do not attach importance to the improvement and innovation, style and taste packaging and other aspects, tend to make some “Haohuo“ sell out “good price“; on the other hand, some enterprises failed to
49、 grasp the quantity and price of the international market and the import country market timely adjustment of export commodities, resulting in some goods poured into the importing country, increase the probability of anti-dumping in china.6., ineffective legal response. At present, China has not yet set up anti-dumping response mechanism, there are insufficient funds for the respondent, lack of professionals, enterprise awareness of the weak and so on. After the investigation of anti-dumping cases against China, many enterprises are reluctant to respond because of variou
