Abstract: With China's entry into WTO, China's market opening has been further expanded, and some industries in China have been subjected to anti-dumping lawsuits. This paper reviews the first anti-dumping case of aquatic products between China and the United States, analyzes the reasons why China suffered from anti-dumping, and puts forward some strategies to deal with anti-dumping after China's entry into WTO, so as to better deal with anti-dumping lawsuits and safeguard the interests of domestic enterprises. [Keywords:] WTO; ; Anti-dumping; Non-market economy countries; Respond to the lawsuit; First, anti-dumping, background introduction of the first case of aquatic products between China and the United States On June 5438+February 3, 2003/KLOC-0, the American Southern Shrimp Industry Alliance formally sent a letter to the International Trade Commission, demanding that anti-dumping duties of 25.76% to 63.68% be imposed on frozen shrimp and canned shrimp in many countries in Asia and Latin America, saying that "due to unfair trade competition from foreign shrimp farmers, American shrimp catchers and shrimp processors have already, The U.S. Department of Commerce issued an announcement to make a preliminary anti-dumping ruling on frozen or canned warm-water shrimp originating in China and Viet Nam: except for China Zhanjiang Guolian Aquatic Products Co., Ltd., the dumping margin in China is 7.67% ~ 1 12.38+0%. On June 30th, 2004, 165438+ The U.S. Department of Commerce issued an announcement to make a final anti-dumping ruling on frozen and canned warm-water shrimps originating in China and Viet Nam: all warm-water shrimps except fresh shrimps, cold-water shrimps and dried shrimps, including those caught, cultured, decapitated, tailed or peeled, are within the scope of investigation. The dumping margin of China enterprises involved is 27.89%- 1 12438+0%. On June 26, 2005, 65438, the US Department of Commerce issued an announcement to revise the previous anti-dumping final ruling and issued an anti-dumping duty order, which did not include canned warm-water shrimp in the scope of taxation. So far, this case has been completely clear. Of the six countries surveyed, India and Thailand are likely to be cancelled. Most enterprises in Brazil and Ecuador can still export frozen prawns to the United States. There are four enterprises in Vietnam that can export prawns to the United States. There are 1 enterprises in China that can export prawns to the United States. The United States has basically closed its doors to China and Viet Nam. China is the country that suffered the most in this anti-dumping. Two. Reasons for China's antidumping. According to Article 15 of the Protocol on China's Accession to the WTO, China joined the WTO as a "non-market economy country". Within 15 years after its accession to the WTO, foreign anti-dumping investigations on China products can still follow the "non-market economy country" standard. Therefore, European and American countries have always regarded China as a "non-market economy country". In this case, the reason why 32 enterprises in China didn't get a separate tax rate is because the United States thinks that these enterprises are not really market-oriented enterprises, but enterprises with many government backgrounds, although these enterprises are more private enterprises. In other words, enterprises that do not abide by the rules of international trade games. Generally speaking, the cause of international anti-dumping events is not government behavior, but enterprise behavior. It is precisely because China is recognized as a non-market-oriented country that enterprises in China suffer the most, and this incident has also been overshadowed by politics. Market-oriented enterprises are enterprises that have established a modern company system, that is, privatized enterprises, which rely entirely on the market rather than the government. In all business activities, enterprises should deliberately create the aura of businessmen, not the aura of the government. Industries should have their own organizations, and enterprises should also have their own organizations, but such organizations are not government organizations or organizations controlled by a government department, but market-oriented organizations that make their own decisions. For example, organizations like the American Southern Shrimp Industry Alliance. Third, the behavior and quality of enterprises in China. On the one hand, China enterprises do not actively respond to the lawsuit, and the implementation of anti-dumping investigation does not mean that dumping is established, but refusing to respond to the lawsuit is undoubtedly equivalent to acquiescing in the fact of dumping. Faced with the anti-dumping investigation, China enterprises are unwilling to respond because of their lack of self-protection awareness, insufficient understanding of the dangers of anti-dumping and doubts about the fairness of foreign laws. On the other hand, the disorder of export order leads to low-price competition. In order to increase exports, some enterprises compete to lower prices and compete for orders, even at the expense of "killing each other". However, the failure to avoid vicious low-price competition and maintain a good export order has led to a sharp drop in the prices of China's export commodities, which can easily become an excuse for foreign countries to file anti-dumping charges. Companies with a single product, a single market and a single customer are all high-risk companies. Such a company will face despair at any time once the market changes. In this shrimp incident, a company in the south had to stop production in June 2004 because there was only one product, and the production line could only produce export products, and the market was only the United States. In September, 2003, the newly-built assembly line was just put into production, with serious losses. 3. China's countermeasures against anti-dumping. Measures that the government should take. Actively strive for the status of "market economy country". Our government should strengthen the publicity on the process of market economic system reform, and urge other WTO members to recognize China's market position, so as to take the initiative in anti-dumping proceedings and avoid the pressure from developed countries. China has become a full member of the WTO. In the future multilateral negotiations, we should fully exercise the rights of its members, formulate fair and reasonable anti-dumping procedures, and prevent some developed countries from using anti-dumping rules to implement trade protection. 1. Establish an industry import and export chamber of commerce and establish an effective anti-dumping early warning mechanism. Because the international market is greatly influenced by political, economic and natural factors, it is necessary to establish an industry import and export chamber of commerce and an anti-dumping early warning mechanism. Through this early warning mechanism, we can not only coordinate manufacturers to adjust the price and quantity of export commodities in time, but also track and adjust the price and quantity of commodities that may be subject to anti-dumping proceedings due to price changes in the international market, so as to nip in the bud. 13. The establishment of specialized government agencies to solve international trade disputes and train professionals has a far-reaching impact on a country's economy and development due to the extensive participation of anti-dumping. Therefore, in order to coordinate and resolve related international trade disputes, a special government agency composed of international trade experts, international law experts and lawyers should be established, whose duty is to appeal and protest against foreign governments' violations of relevant WTO agreements on behalf of our government, and to implement the rulings executed by relevant WTO agencies. At the same time, after China's entry into WTO, it is necessary to train a group of professionals who are familiar with international trade rules and international business activities from a strategic perspective and provide strong human resources support for the victory of anti-dumping. Measures that enterprises should take. Respond positively and safeguard your own interests through legal means. Positive response is the basic attitude of export enterprises to anti-dumping, and it is also the premise of striving for initiative. Some enterprises ignore anti-dumping investigations, resulting in high anti-dumping duties. In recent years, some enterprises have actively participated in litigation, organized strong defenses and achieved favorable ruling results. At the same time, the State Council promulgated the Anti-dumping and Countervailing Regulations of People's Republic of China (PRC). China enterprises have the right and legal basis to sue the dumping of foreign imported products, so they can't just act as defendants in international anti-dumping cases. They should actively use the regulations to oppose the dumping of foreign products and protect our national industries. 1. Formulate flexible pricing strategies and reasonable pricing, focusing on the specific and diversified contingency pricing system that products can enter and occupy the international market without causing dumping costs. Because anti-dumping is mainly aimed at the low price of products, China enterprises should strive to get out of the misunderstanding of low quality and low price, enhance their competitiveness by lowering prices, consciously resist low-price export behavior, reduce the incentives for foreign anti-dumping and prevent giving orders. 3. Improve product strategy, change "winning by cheap" to "winning by quality", develop marketable products, increase product varieties and designs, improve product quality, provide good pre-sale and after-sales services, establish brands, increase added value of products and enhance product attractiveness, so as to raise product prices and explore the international market by relying on non-price competitiveness. 4. Make a multi-channel strategy, change market centralization into market diversification, and without the guarantee of sales channels, it is impossible to implement a global business strategy. While consolidating the existing European and American markets, we should actively explore overseas emerging markets, reduce the risks caused by excessive market concentration, and adopt multi-channel strategies to avoid dealers falling into the anti-dumping trap. Four. Conclusion Although the development of enterprises in China has encountered bottlenecks in recent years, on the whole, enterprises in China will have great development space after China's entry into WTO. As long as we speed up the adjustment of industrial structure, the government and enterprises take necessary measures and actively respond to the lawsuit within the framework of WTO, we can successfully deal with anti-dumping and form a good and healthy market trade environment. Reference: 1 Park Yong-mu. WTO rules and countermeasures. China Foreign Economic and Trade Press. Zhou Qiliang, February 2002. The development trend of foreign anti-dumping against China and the countermeasures of China enterprises. Journal of North China Electric Power University (Social Science Edition). The second issue in 2006 is even better!