Write a paper on anti-dumping. Are there any books on anti-dumping? Thank you for recommending two titles, author's age and so on. Thank you ~ score 50 points

Bibliography:

(1) Huang Yanjun's China Anti-dumping Practice Guide, Economic Management Press, 1st edition, 200 1.

(2) Tian's Study on China's Sustainable Economic Development Strategy, China Environmental Science Press, 2nd edition, 2002.

(3) Anti-dumping Cases, edited by Xiong Enhao, Economic Daily Press, March 1999.

(4) How to Deal with Foreign Anti-dumping compiled by Minmetals Chemical Import and Export Corporation, China Foreign Trade and Economic Cooperation Press, September 2002.

(5) Xiao Fang, China anti-indirect dumping countermeasures and thinking analysis after the return of Hongkong [J], International Business Research, 1997, (6)

(6) Zhang Xiaodong, China's entry into WTO and the revision of China's anti-dumping law [J]. Law Review, No.6, 2000.

(7) Leo Oufan Lee Anti-dumping Law and Practice, China Development Press, July 1st edition 1996.

(8) Wang, Chinese and foreign anti-dumping law and practice, People's Court Press, March 2000, p. 1 edition.

Introduction to the European-Chinese Joint Chamber of Commerce (www.tops 100.org)

The European-Chinese Joint Chamber of Commerce (www.tops 100.org) registered in Paris, France, is co-chaired by Mr. jacques santer, former President of the European Commission and former Prime Minister of Luxembourg, and Mr. Jean-Luc De Sheen, former Prime Minister of Belgium and now Vice-President of the European Constitutional Council. It is the highest level chamber of commerce in Europe and China. We have established representative offices in China, Beijing, Shanghai, Wenzhou, Shenzhen, Zhongshan and Dongguan. The EU- China Joint Chamber of Commerce also has the Medical Professional Committee, the EU- China Joint Chamber of Commerce facial make-up Committee and the Logistics Professional Committee.

Main functions of the European-Chinese Joint Chamber of Commerce (www.tops 100.org):

● Establish the most authoritative international cooperation and exchange platform between Europe and China.

● Organize high-standard annual meetings, important reports, seminars and international forums.

● Europe-China Economic and Trade Network, the largest e-commerce information platform in Europe and China.

● Provide decision-making reference for senior bilateral officials and actively promote the development of EU- China strategic partnership.

● Assist EU member states to conclude partnerships with provinces, municipalities and autonomous regions in China.

● Organize high-standard annual meetings, important reports, seminars and international forums.

● Organize bilateral non-governmental exchange visits between Europe and China.

● Undertake investigation and research projects entrusted by the governments of Europe and China.

● Organize investment demonstration activities of various industries in bilateral areas and provide supporting services for bilateral investment projects.

● Provide members with business intermediaries and high-level public relations services that meet international standards.

● Provide members with professional analysis of the latest policies of bilateral governments.

● Promote exchanges and cooperation among members; Safeguard the legitimate rights and interests of members

● Pay special attention to providing services for small and medium-sized enterprises.

● Edit and publish a series of Chinese and English publications "Europe-China Economic and Trade" for members.

The Euro-China Economic and Trade Network (http://www.tops 100.org) is the first Sino-European trade portal invested and operated by the Euro-China Joint Chamber of Commerce and Guangzhou Dorn Trading Co., Ltd., and it is a large B2B, B2C and B2G e-commerce platform.

1 anti-dumping documents

Content summary:

As a trade protection measure recognized and allowed by GATT and WTO, anti-dumping is an internationally accepted means to protect domestic industries and a necessary tool to deal with unfair competition. It has the characteristics of legal form, easy implementation, effective protection of domestic industries and not easy to incur retaliation. In recent years, China products have been repeatedly complained of anti-dumping internationally. It has become an urgent task for China enterprises to further expand the international market and the focus of theoretical circles to recognize the causes of foreign anti-dumping accusations against China products and take corresponding countermeasures. This paper will analyze the current situation and characteristics of foreign anti-dumping against China, clarify its reasons, and then

First, the status quo and characteristics of foreign anti-dumping complaints against China

In recent 20 years, China's economy and export trade have achieved rapid growth. However, with the increase of China's merchandise export trade volume and the rise of its ranking in the world export rankings, the number of countries launching anti-dumping investigations against China has gradually expanded. For example, from the developed countries such as the United States, Canada, the European Union and Japan in the 1980s to some developing countries in recent years, such as Mexico, India, Egypt, South Africa, Peru and Turkey, anti-dumping investigations have frequently been launched against China. In addition, in recent years, China has been listed as the number one target of anti-dumping by some countries such as Europe and the United States, so anti-dumping investigation cases against China's export enterprises and products have emerged one after another. "According to the statistics of the WTO and the State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation, from August 1979, the EU initiated the first anti-dumping case against China's export of saccharin sodium to early February, 2006, 5438+0, and 29 countries, including Europe and the United States, filed 477 anti-dumping cases against China, making China the country that suffered the most anti-dumping investigations in the world. In 2000, the total number of anti-dumping cases filed by various countries was 25 1 piece, among which 33 cases were filed in China, and the anti-dumping against China accounted for more than 13% of the world total, but the proportion of China's export trade in that year was only 9% of the world total. 20011-165438+1mid-October, China has suffered 34 foreign anti-dumping complaints, which has exceeded the anti-dumping complaints in the whole year of 2000. " Obviously, China is the biggest victim of the world anti-dumping tide. Frequent anti-dumping of China's export products by various countries has constituted a substantial obstacle to China's economic and trade development.

From the analysis of the current situation of foreign anti-dumping against China, we can draw the following characteristics:

(1) Developed countries, mainly the European Union, are the "main force" of anti-dumping charges against China. The EU has always been the "leader" in countries and regions that have filed anti-dumping charges against China products. China's first anti-dumping accusation originated from the European Union. In recent years, the EU's anti-dumping charges against foreign and regional products are increasing day by day. According to a statistical report published by the European Commission, "in 1999 alone, there were 89 cases in which the EU imposed anti-dumping and countervailing measures on products from other countries and regions, an increase of 6 1 over the previous year, of which 12 cases involved products from China (198 1. In the first quarter of this year, the EU imposed provisional anti-dumping duties on 22 imported products and permanent anti-dumping duties on 9 imported products.

(2) Anti-dumping targets are mostly concentrated on the "fist products" I export, which greatly affects the stability and growth of my export growth. "For example, the EU imposed anti-dumping measures on China's color TV sets, bicycles, bags, footwear products, hot-rolled flat steel products, malleable cast iron pipe fittings and other products, especially the anti-dumping duty of 44.6% imposed on China's export color TV sets, which almost made China's color TV sets withdraw from the EU market, with an annual import volume of 1 1,000 ~15 million units. The shrinking export market is also the external cause of the price war staged by domestic color TV enterprises in China. In addition, Argentina, our second largest trading partner in Latin America, also imposed high anti-dumping duties on American textiles, clothing, shoes and toys.

(3) The initiating countries and regions of anti-dumping have expanded from developed countries to developing countries and regions. In recent years, anti-dumping charges against China by developed countries such as the European Union and the United States have been increasing. At the same time, developing countries and regions such as Russia, Indonesia, Argentina and Taiwan Province Province of China have also joined the ranks of anti-dumping charges against me, such as Argentina's electromechanical, chemical and other products and textiles with high added value. Products ranging from clothing and toys to low value-added products such as tableware, fireworks, padlocks and cards have been widely implemented with anti-dumping measures, which have seriously affected bilateral trade.

(4) Anti-dumping litigation has become an important means for multinational companies to deal with the impact of China products in the global market. From the perspective of comparative advantage theory, developing countries have the comparative advantage of lower labor costs than developed countries, so under the condition of open economy, the former exchanges its labor-intensive products with the latter's technology and capital-intensive products, and both sides learn from each other's strengths. Due to the restrictions of terms of trade, market dependence and non-price competition, developing countries are often at a disadvantage. However, from the actual situation, due to the existence of exit obstacles such as capital precipitation and labor transfer, multinational companies in some developed countries are reluctant to withdraw from the production of labor-intensive products, or extend the withdrawal time as much as possible. In this way, before the industrial structure is upgraded, the government needs to provide a certain degree of trade protection. China's export products have the characteristics of low price, large quantity and scattered manufacturers, which are easy to become the target of foreign anti-dumping litigation.

Author: Bayer color 2006-4- 18 03: 18 reply to this speech.

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Second, the reasons and analysis of China's repeated foreign anti-dumping complaints.

Anti-dumping of China products has indeed become a "roadblock" for China's exports, and with the increasing export scale of China, this problem will be severely highlighted in front of China's foreign trade authorities and operators for a long time. Knowing ourselves and knowing ourselves, a careful analysis of the reasons why China has been repeatedly subjected to anti-dumping by foreign countries is conducive to the smooth export of China.

(1) The objective existence of low-priced dumping has become the fuse of anti-dumping proceedings. To some extent, foreign anti-dumping investigations on China's exports are not groundless. Since the founding of the People's Republic of China, China's economy has achieved rapid development. However, because the market is not standardized, the phenomenon of blindly following the trend is widespread, leading to a large number of redundant construction and blind development of market behavior without goals. As a result, a large number of surplus products have appeared in the market, and enterprises have adopted a low-price dumping strategy in order to survive in the domestic and export strategies. "In terms of export prices, a survey of 65,438+060 export products in China by a Hong Kong publication found that the prices of 65,438+020 commodities were 20% lower than their due prices. This shows that the phenomenon of selling China products abroad at lower than normal prices does exist in a certain range. At the same time, there are also a large number of data showing that the low-priced sales of some exporters in China have caused substantial damage to the domestic similar products industry in the importing country. "

There are comprehensive and deep-seated reasons for the dumping of products of enterprises in China. First of all, according to the Huxler-Olin theory, there is trade between the two countries because of the difference in commodity prices. Related to China's national conditions, the prices of raw materials and human resources in China's product production market are relatively low, so enterprises have the conditions to rely on low-price strategy to explore the international market, enhance product competitiveness and expand exports. Secondly, a large number of small and medium-sized enterprises in China do not pay attention to introducing and learning advanced management and sales concepts, which leads to the backwardness of sales concepts. In marketing, they still widely adopt a relatively single price strategy, without paying attention to the improvement of products in terms of performance, service and other hardware, which will inevitably be reflected in their export sales strategy. Third, the export structure is unbalanced. From the perspective of product structure, most of China's exports are labor-intensive textiles, mechanical and electrical products and chemical products, and the added value of products is relatively low, which is easy to give the impression of low-price dumping to importing countries. From the perspective of market structure, 65% of China's exports are oriented to Europe and America, and the export is too concentrated and the competition is fierce. In addition, it is also related to the government and some departments blindly encouraging exports and lacking guidance.

(2) the influence of state control on the market operation mode and enterprise operation mode in China's economic system. China's 1993 constitutional amendment clearly stipulates the implementation of socialist market economy. Obviously, what we want to implement is not the western market economy. There are some differences between our socialist market economy and the western market economy. In the past 20 years, although China has taken many reform measures in the process of going to the market, such as implementing a single exchange rate system through exchange rate consolidation, allowing and encouraging foreign investment to enter many domestic production fields, and promoting the rational allocation of resources by establishing markets for means of production, labor and capital, it is impossible to classify China from the economic system or economic theory analysis.

As a market economy country. And because European and American laws generally have different views on market economy system and non-market economy system.

The main criteria include: the degree of convertibility of a country's currency; The extent to which wages are freely negotiated between employers and employees; State control over means of production, resource allocation and ownership. "In view of the fact that the economic operators in China's current economic operation mechanism are all state-owned or state-controlled, it is also common for the state to directly manage or operate pre-enterprises through its ownership. In addition, foreign exchange under capital account is still under control, and the access of some monopoly industries is restricted. On the one hand, the above situation reflects the difference between the current economic operation mode and the general market economy mode, on the other hand, it also affects the operation mode in which countries allocate resources and means of production mainly through the market in China's economic system.

(3) Protectionists abuse the provisions of WTO anti-dumping agreement. Anti-dumping is a legal means to protect domestic industries allowed by WTO. According to WTO anti-dumping agreement, governments should levy anti-dumping duties on an imported product.

Taxation should not only prove that there is "dumping" of imported products, but also prove that there is a causal relationship between dumping of imported products and industrial damage, that is, "the damage of similar industries in importing countries is caused by dumping of imported products". However, the agreement does not specifically judge whether "dumping" is unfair competition, but lays down rules for whether member countries can take anti-dumping measures. In view of the fact that the WTO agreement has clearly restricted countries from using non-tariff barriers such as quotas and licenses to protect their own industries, anti-dumping measures, which are allowed by WTO, are frequently used by countries as legal means to protect their own industries and oppose unfair competition in other countries. In recent years, some countries have continuously strengthened anti-dumping legislation, reduced the elements of dumping and expanded the scope of anti-dumping investigation. The abuse of anti-dumping measures by trade protectionism in various countries is reflected in the massive increase of anti-dumping cases around the world.

Author: Bayer color 2006-4- 18 03: 18 reply to this speech.

Three anti-dumping documents

Third, China's countermeasures against foreign anti-dumping complaints

(1) Seize the opportunity of China's accession to the WTO, improve the socialist economic price system, adjust and optimize the export commodity structure, and improve product quality. We should give full play to the role of the law of value, make enterprises become the real subject of the market economy, take risks independently, make product prices directly linked to commodity values, and establish a price system of the market economy. It is particularly important to reduce the variety of goods imported from state price as far as possible, so as to promote the early establishment of the price system of the socialist market economy. In this way, even if China's export commodities encounter anti-dumping complaints from manufacturers in importing countries, because the prices of China's export commodities are mainly determined by market factors and not controlled by national prices, we can strive for the independent tax rate of the enterprises involved and even the market economy status of the whole industry according to the relevant provisions of the European and American anti-dumping laws, so that the so-called substitute country standard in the European and American anti-dumping laws is no longer applicable to the enterprises involved in China. At the same time, China should actively comply with market requirements, reform product structure, abandon redundant construction, implement product differentiation strategy, enhance added value of products, and avoid excessive competition among enterprises in low added value products. The Ministry of Commerce, trade associations and exporters' chambers of commerce are required to keep abreast of the sales situation and channels of export commodities, understand the impact of their export commodities on similar products in importing countries, and actively help enterprises to do a good job in responding to lawsuits.

(2) straighten out the enterprise property right system as soon as possible, and minimize and cancel the direct management and control of enterprises by the state. "European and American anti-dumping laws believe that in a market economy country, the government usually plays a very small role in resource allocation and price decision. Driven by profits, private enterprises make business decisions according to changes in market supply and demand without government intervention. Therefore, the products and production costs of private enterprises can reasonably reflect the economic reality. " For China's export enterprises, if foreign administrative organs can recognize their market economy status, it means that the cost and price of China's export products can be directly recognized. Otherwise, the production cost and product price of the enterprise involved will not be recognized, but the cost of similar products in a third country with the so-called market economy nature will be used as the substitute price. However, due to the great uncertainty of this alternative price choice, it will cause substantial unfairness and discrimination to China's export enterprises. Faced with the above situation, on the one hand, China's export enterprises should promote enterprises to straighten out the property right system through their own system reform, and establish a modern enterprise system on this basis. In addition, the existing state-owned enterprises should also speed up the shareholding system reform, effectively cut off the relationship between enterprises and the state on property rights on the premise of rationalizing the property rights system of state-owned enterprises, and create good objective conditions for further reducing and canceling the direct management and control of enterprises by the state.

(3) Use the multilateral dispute settlement mechanism of WTO to confront the discriminatory treatment of other countries. Although China's entry into WTO will not immediately change the current situation that China has been repeatedly complained by foreign countries about anti-dumping, on the one hand, it can be used in the multilateral trading system.

On the other hand, using the WTO dispute settlement mechanism to challenge these discriminatory practices, China should strengthen its judgment on the laws and regulations of anti-dumping complaints in Europe and America and the discriminatory policies against China in WTO rules, and safeguard the normal treatment that China deserves through the WTO multilateral trading system as soon as possible.

(4) Enterprises complained of anti-dumping should actively respond to the lawsuit. In view of the high international anti-dumping cases of China's export products, on the one hand, export enterprises should take precautions before international anti-dumping cases occur and take various preventive measures as soon as possible. To this end, they should fully understand the selling prices and trends of their export products or other similar export products in the importing countries, as well as the various impacts of export products on similar industries in the importing countries. At the same time, in order to ensure that domestic enterprises actively respond to foreign anti-dumping lawsuits, trade associations or importers and exporters may consider establishing a response fund and turn it over to the annual response fund according to the proportion of exports. Once the similar export products encounter foreign anti-dumping charges, the responding fund will pay the relevant responding fees, including the legal fees and organizational expenses of the joint responding enterprises. In international anti-dumping cases, the enterprises involved should actively respond to the lawsuit, and only by actively responding to the lawsuit can we get a better response result, which mainly includes the following aspects: "① Export enterprises should know the anti-dumping answer sheet as soon as possible. In the event of an anti-dumping case, foreign anti-dumping authorities will require the enterprises involved to answer all kinds of questionnaires in a timely manner within the specified time, and export enterprises should fill them out carefully according to the objective situation; (2) Export enterprises must promptly organize and actively respond to the lawsuit under the coordination and support of the national anti-dumping authorities, trade associations and import and export chambers of commerce; " ③ Hire experienced and friendly local lawyers to defend and handle cases. It is not only necessary to hire local lawyers to conduct anti-dumping litigation, but also necessary, not only because local lawyers have numerous personnel relations and business contacts with relevant authorities, but more importantly, they are familiar with local laws and complicated litigation procedures and procedures, and generally speaking, only local lawyers have the right to consult files and materials related to this case, especially confidential materials, after taking an oath, so that we can know ourselves and know ourselves, make our defense more effective and obtain favorable results for me. "