The dumping rules are supplemented by cases to discuss the limitations of anti-dumping law.

Anti-dumping; Keywords; Limitations; WTO anti-dumping agreement

Economic globalization and trade liberalization undoubtedly play a leading role in international trade.

However, flags, tariff barriers and non-tariff barriers have become legal countries.

Trade control measures. So the contradiction arises: all countries are unwilling to give up free trade and economic integration.

Benefits to the domestic economy; However, it is necessary to collect the tried and tested Shangfangbao at any time.

Sword, in the case that the import trade is harmful to the industries protected by the state, whether it is labeled as "freedom" or

Whether to wear "one", ask everyone!

Undoubtedly, the anti-dumping law has played a huge positive role, but with the development of anti-dumping,

With the sharp increase of disputes caused by sales, people's understanding of dumping and anti-dumping has gradually deepened, making

Many people doubt the rationality of the anti-dumping law. Uruguay Round of GATT.

Since the negotiation, some countries have resorted to trade protectionism in the name of anti-dumping, and the anti-dumping law has failed.

The limitations are becoming more and more obvious. Therefore, the author thinks it is necessary to re-examine the value of anti-dumping law.

It is conducive to the development of anti-dumping system reform in a more fair and reasonable direction.

First of all, the natural defects of anti-dumping theory need to be remedied.

(A) it is difficult to escape the interference of the political and economic needs of big countries, and it is difficult to get rid of the strong voice of stakeholders.

affect

In the early days of free trade, the productivity of old capitalist countries such as Britain and Germany continued to prosper.

The growth rate of grain and industrial products in China far exceeds the growth rate of population, resulting in a large number of overproduction.

Commodities urgently need to open the markets of other countries. On the one hand, they impose high tariffs on other countries; on the other hand,

On the one hand, it exports cheap goods by dumping at low prices. (P3) At that time, emerging capitalist countries were very afraid.

Foreign enterprises (or cartels) may deliberately use dumping means to crowd out through price advantage.

Domestic competitors and form a monopoly. In order to protect domestic enterprises, they urgently need to make relevant laws.

The law regulates this kind of behavior. Therefore, at the beginning of legislation, western powers depended on their politics and economy.

In the world, unshakable advantages enjoy a strong voice, and the conditions for anti-dumping are adjusted.

The means and procedures of inspection are in favor of the limited relaxation of developing countries.

Provisions on the protection of domestic similar product industries. Due to the weakness of developing countries at the beginning of legislation

It can be said that the right to speak, naive understanding and the existing system that does not match it simply do not exist.

In the field of international trade at that time, it affected the determination and handling ability of anti-dumping. Therefore, the author believes that anti-.

The dumping law is born with an unequal birthmark.

(B) the limitations of the legislative purpose of the times

This is mostly reflected in economically developed countries and regions, which are at the forefront of anti-dumping legislation, excluding

Later, developing countries woke up in this regard. Take 192 1 as an example.

Writing a column is a product of protectionism. Its purpose is not to protect free competition, but to protect it.

Domestic industry. (P29) In the 1970s, the economic status of the United States declined to a certain extent, which made it difficult for industrialists.

Accept the legitimacy of the success of foreign manufacturers, and prefer to attribute the success of foreign manufacturers to their failure.

Fair trade practices. Lawmakers don't consider how to improve domestic economic efficiency, but do their best.

Provide legal relief for victims of so-called unfair trade practices. Uruguay Round negotiations

Only then did the United States require the causality condition of anti-dumping law to implement the final agreement of this round.

Stricter regulations have been formulated. Outside the United States, including the European Union, Asia, South Korea and Japan, more or less.

Less also has such limitations of the times.

(3) The meaning of drunkenness lies between mountains and rivers.

Traditional economic theory divides "dumping" into three types: predatory dumping and accidental dumping.

Sales and long-term dumping. From an economic point of view, only predatory dumping has the right to import.

China is the most likely to be hurt, and it is also the key target of anti-dumping in theory. Actually,

The importing countries of anti-dumping know that predatory dumping is rare and put the meaning of drunkenness in the first two.

In the eyes of these economists, this is of great benefit to users of imported products. can

The meaning of drunkenness is not predatory dumping, but "occasionally" and "for a long time". However, the author

It is believed that this kind of dumping requires the dumping exporter to have several advantages at the same time:

1. Exporters must have sufficient financial resources to bear the dumping period to drive away potential

Competitors have suffered huge losses, but they have not hurt themselves.

2. Once the dumping exporters eliminate the competition in the importing country's market, the importing country's market must exist.

Barriers to the entry of new companies. Without this obstacle, the new company will re-enter and dump.

The benefits of monopoly pricing by exporters will be enjoyed by them, thus dumping the monopoly position of exporters.

Drill bit is damaged.

Dumping exporters must persuade the government to prevent other international competitors from entering the market, otherwise.

Its monopoly position will also cease to exist.

It is difficult to have the above advantages at the same time. The government of the importing country will not use the ban against other international countries.

The means of protection for competitors' entry is to protect dumped exporters. This shows the importance of predatory dumping.

Assuming that the exporting country has only one dominant supplier, other production is competitive.

The enterprises of products are relatively weak, so predatory dumping is more likely to occur. From the post-war perspective, the real

"Predatory dumping" in the sense is really hard to enumerate.

Second, the details of the WTO anti-dumping agreement rules themselves are not good.

(A) the subject of protection is biased and lacks pertinence.

The author believes that the focus of anti-dumping protection obviously tends to protect the industries of importing countries, when

However, this does not mean that the object of anti-dumping protection should be modified, but the author believes that the purpose is

Previous anti-dumping laws failed to realize the ultimate value of protecting industries and benefiting consumers.

Although consumers are directly or even affected by anti-dumping measures for a long time, anti-dumping

In the law, the rights of consumers are rarely mentioned. Consumers have no right to ask about anti-dumping investigations and have no right to obtain them.

Relevant information, such as: European consumer organizations request anti-dumping investigation materials.

Materials, but the European Court of Justice held that anti-dumping procedures are not directly aimed at consumers and their organizations, because

This is not allowed. (P 1 1) Even in the anti-dumping law of GATT 1994, it is only stipulated that "the competent authority shall

If the products are usually sold through retail channels, provide opportunities for industrial users of the products under investigation.

Selling, but also to provide opportunities for representative consumer organizations to provide information about dumping,

Any information related to the investigation of damage and causality. "However, consumers have no right to obtain it.

Data, have no right to ask for mid-term review and sunset review.

(B) the subjectivity of specific rules and the loss of lateral

Legally speaking, the law should be predictable, and people can foresee themselves according to the law.

What kind of legal consequences one's actions will have, the law will play a guiding and regulating role.

However, the anti-dumping laws of WTO, anti-dumping agreement and other countries all have specific rules and regulations.

Viewpoint, imbalance.

1. Domestic industry, damage, normal value, causality, similar products,

The definition of concepts such as "comparable price" is subjective; Add some vague words

Eye: The definitions of equal trading level, usual and appropriate are vague and difficult to judge.

Objective balance. All member States make full use of this "legal loophole" in legislation and authorize its implementation.

Legal institutions have great discretion. This kind of discretion has different results in different countries.

It is difficult to form a unified and balanced standard because of different tastes and tastes.

2. Arbitrary balance of the principle of public interest. WTO anti-dumping agreement is not conducive to the public.

Make direct provisions on the problem. Article 2 1 of the EU Anti-dumping Rules stipulates that the public interest is primary.

It is the fourth criterion to determine the establishment of anti-dumping (WTO anti-dumping agreement has stipulated three anti-dumping.

Determination of dumping conditions). It can be seen that the principle of public interest has been established as anti-dumping in all countries.

There is no complete and unified provision for exceptions, so it is inferred that it is bound to be difficult to apply this principle.

The problem of reaching knowledge naturally breeds arbitrariness.

3. As far as the quantity of dumped imported products is concerned, whether it conforms to the health status of the importing member or not.

An absolute or relative increase in production or consumption is considered as a substantial increase in imports. because

However, it is very possible to infer the damage that has been or will be caused by domestic industries.

This standard is conducive to the investigation organ to identify dumping damage.

4. The basic principle of fair price comparison method does not clearly indicate the export price and domestic price.

Price comparison is based on the export price of a single enterprise and the single transaction of the enterprise, and also

It is based on the average price of all enterprises' transactions, which leads the anti-dumping authorities to know the situation from many aspects.

Choose the method of calculating dumping at will. The former is sometimes used as the export price of the enterprise.

When it is completely equal to the domestic market price, the dumping margin will also be calculated.

5. The "constructive relief" in the special provisions for developing countries does not really consider the protection issue.

Protect the preferential treatment of developing countries. See the ruling of the WTO Dispute Settlement Body on India v. EU.

Report of the expert group on disputes over anti-dumping duties on linen sheets.

Thirdly, my humble opinion on the reform of anti-dumping law.

(a) At present, there are three views on reform.

Due to the above defects of the anti-dumping law, the international community advocates the reform of the anti-dumping law.

The sound of leather is getting louder and louder. Advocates are mainly divided into three categories: first, they advocate the complete abolition of anti-dumping laws,

And think that there is no need to replace it with competition law (waste theory); Second, it advocates perfecting the existing anti-dumping agreement and using competition standards to determine the damage standards.

(reformism); Thirdly, it advocates replacing anti-dumping law with competition law (substitution theory).

(B) the principles of competition law affect the role of anti-dumping space

The author believes that no matter what the final plan is in the future, at least the second reform is now.

The road is more in line with the current international and domestic reality, and the specific modifications mainly include these aspects:

1. Further clarify the issues of "domestic industry", "damage", "normal value" and "causality".

Concepts such as "system", "similar products", "comparable price" and the same level of trade, usually and appropriately.

The degree of.

2. Formulate unified national implementation rules to ensure the fairness and balance of data collection.

3. From blindly protecting competitors to protecting competition in the past, the article "public interest" has been introduced.

Consider the interests of consumers, downstream users and the whole society.

4. adopt stricter damage standards, such as raising the "trace" standard until competition is finally adopted.

Strive for standards.

5. Reform relief methods to protect the interests of importing countries from the damage of predatory dumping to competition.

The right to claim directly from enterprises in exporting countries.

6. The investigation methods and procedures in developing countries should not be modeled, but should be seriously considered.

Discount in the article.

Although this transitional improvement is a temporary solution, it is a feasible method at present.

Therefore, the author is in favor of adopting the reform theory to overcome the limitations of the current anti-dumping law.

refer to

[1] Prof Shen, Liu Tong. Interpretation of WTO in anti-dumping agreement [M]. Changsha: Hunan Science and Technology Press, 2006.

[2]Bernard M.Hoekman and Petros C.Mavroidis, Anti-dumping and

Antitrust, World Trade Journal, Nol, 1996.

[3] Xue Rong, Li Juqian. On the concept of anti-dumping law and its limitations [J]. Modern Law .2004 (91~ 95).

[4]Bernard M.Hoekman and Petros C.Mavroidis, Anti-dumping and

Antitrust, World Trade Journal, Nol, 1996.

[5] Agreement on the Implementation of Article VI of GATT [S]. Article 3, paragraph 2

Articles 3 and 5, paragraph 8.

[6] Report of the Expert Group of WTO Dispute Settlement Body "India v. EU Anti-dumping Duty Dispute on Linen Sheets",

WT/BS 14 1/R，6.228-6.229。