Anti-dumping and countervailing issues: 1. Concept: Anti-dumping refers to the measures taken to resist the dumping of foreign goods in the domestic market. Generally speaking, in addition to the general import tax, dumped foreign goods have to be taxed, so they can't be sold cheaply. This kind of surcharge is called "anti-dumping duty". Countervailing refers to the behavior and process of a country's anti-dumping investigation organ implementing and enforcing countervailing laws and regulations. Subsidy refers to the financial or financial preferential measures provided by the government or any public institution to its producers or exporters, including cash subsidies or other preferential policies, so that its products are in a favorable competitive position in the international market than similar products that do not enjoy subsidies. 2. Similarities and differences between anti-dumping and countervailing: Countervailing, anti-dumping and safeguard measures are the three major trade remedy measures stipulated by WTO, which belong to compliance trade barriers. Compared with anti-dumping and safeguard measures, countervailing, as a new trade barrier, is more harmful to a country's foreign trade export and economic development. Its characteristics are as follows: (1) The respondent of countervailing measures is the government. Subsidies are government actions, and the object of countervailing investigation is government policies and measures. The threats of anti-dumping and safeguard measures are mainly aimed at enterprises and specific industries, while countervailing measures will affect the trade and industrial policies, macroeconomic policies and even the overall economic strategy of the countries under investigation. (2) The scope of countervailing investigation is wider. Anti-dumping and safeguard measures only involve specific enterprises or products, while countervailing measures cover a wider range, and the scope of investigation may be the downstream enterprises receiving government subsidies or even the entire industrial chain, which is even more harmful. (3) The countervailing effect lasts for a long time. Compared with anti-dumping and safeguard measures, countervailing has a more extensive and lasting impact on a country's economy. In response to the countervailing investigation, a government must gradually adjust the corresponding trade and industrial policies, which will have a great impact on a country's economic, political and social development for a long time. (4) Countervailing has a stronger chain effect. The subsidy measures determined by one member in the countervailing investigation can be directly quoted by other members in the countervailing investigation. At present, when other WTO members are ambiguous about the principle of levying countervailing duties on non-market economy countries, the precedent of the United States may have a strong chain effect. Other WTO members, such as the European Union, may follow the example of the United States and amend the countervailing law to apply to products exported by China.

Legal basis: Article 3 of the Anti-dumping Regulations of the People's Republic of China means that in the normal course of trade, imported products enter the People's Republic of China (PRC) market at export prices lower than their normal values.

The Ministry of Commerce is responsible for the investigation and determination of dumping.

Article 33 of the Anti-dumping Regulations of the People's Republic of China * * * The Ministry of Commerce may decide to suspend or terminate the anti-dumping investigation, not to take temporary anti-dumping measures or impose anti-dumping duties if it considers that the price commitments made by export operators are acceptable and in line with public interests. The decision to suspend or terminate the anti-dumping investigation shall be announced by the Ministry of Commerce.

If the Ministry of Commerce does not accept the price commitment, it shall explain the reasons to the relevant export operators.

The Ministry of Commerce shall not seek or accept price commitments before making a positive preliminary decision on dumping and the damage caused by dumping.

Article 3 of the Countervailing Regulations of People's Republic of China (PRC) refers to the financial assistance and any form of income or price support provided by the government of the exporting country (region) or its public institutions to bring benefits to the recipient.

The government of the exporting country (region) or its public institutions are hereinafter collectively referred to as the government of the exporting country (region).

The financial assistance mentioned in the first paragraph of this article includes:

(1) The government of the exporting country (region) directly provides funds by way of appropriation, loan or capital injection, or potentially directly transfers funds or debts by way of loan guarantee;

(two) the government of the exporting country (region) gives up or does not collect the income receivable;

(3) Goods and services provided by the government of the exporting country (region) other than general infrastructure, or goods purchased by the government of the exporting country (region);

(4) The government of the exporting country (region) pays the financing institution, or entrusts or instructs the private institution to perform the above functions.

Article 38 of the Anti-subsidy Regulations of People's Republic of China (PRC) * * * finally decides that subsidies are established, which causes damage to domestic industries, and countervailing duties may be levied. It should be in the public interest to levy countervailing duties.