第1个回答 2008-06-02
On China's foreign Pinzao discriminatory anti-dumping and the reasons for a policy response
Source: Chinese papers Download Center [08-01-05 16:07:00] Author: Unknown Editor: studa20
Third, China's foreign岐视Pinzao of the reasons for the anti-dumping
1. Abroad with serious discriminatory and anti-dumping policy led to the increase in anti-dumping cases
For a long time, foreign products on China's anti-dumping investigations, are used "alternative" method of calculating dumping margins, this method often leads to dumping of products in China has not been convicted of high rate of dumping. In China's market economy has made substantial achievements in the building today, most countries are still ignoring China's economic structure changes, or I will continue as non-market economy countries, or through legislation in China as a "market economy countries in transition", while provisions Stringent standards, in a specific case, only China's enterprises to meet these standards before they can abolish the "alternative" methods of use, and in most cases, these standards are too harsh, not scientific, China's enterprises can not A "market economy status", the results based on "alternative" methods have been levied high anti-dumping duties. Such discriminatory anti-dumping policies and practices not only because of the large number of products and revenue from the local market, the more serious the impact lies in its objective to encourage the import of the local industry through anti-dumping measures continue to suppress our products, resulting in no less than the highest number of cases.
China's exports to the United States in canned mushrooms in the dumping case, the U.S. Department of Commerce to Indonesia as a substitute country, Indonesia is one of the reasons for the level of economic development and China's close. This reason from the general sense, there seems to be some truth (in fact, according to World Bank statistics, Indonesia's per capita was higher than the output value of China more than doubled), but the two countries, the production situation is different. Chinese-made mushroom lies in the north temperate, mushrooms can be natural growth, lower production costs, while Indonesia is located in the tropics, mushroom cultivation to be large-scale use of air-conditioning costs will certainly much higher. As a prerequisite, Indonesia's canned mushrooms prices and China's export prices compared, it is easy to come to China's exports of canned mushrooms constitute a Conclusion of dumping. Therefore, the Western countries in the choice of alternative country, despite the considerable level of economic development in accordance with the principles, but "non-market economy country" and substitute country of similar product prices also affected by many factors, including comparative advantage, industrial-scale factors such as the impact of . Therefore calculated the price is often a serious alternative country from the "non-market economy countries" constitute a price of the actual situation.
So in essence, to replace the uncertainty of the price the basis for normal value, which in itself is discriminatory. Anti-dumping trade protectionism is the simple packaging, so that it looks like a different things. And anti-dumping is not to fair competition, its purpose is to allow unfair competition, with serious discriminatory.
2.WTO non-tariff measures to curb the use of anti-dumping to a more prominent role
After the establishment of the WTO, the traditional trade protection practices, such as quotas, licenses and other non-tariff measures have been subject to strict constraints. Under such circumstances, as permitted by the WTO to protect the domestic industry's anti-dumping measures will substantially improve the frequency of use. Anti-dumping has become WTO members to protect their own industries, and resist unfair competition acts of the most important means. Only a few Western countries over the past domestic anti-dumping legislation, but now have universal anti-dumping legislation, globalization. Therefore countries have in recent years to anti-dumping law as a weapon to resist unfair trade, protect the domestic industry market. What is more, sometimes to the extent of the abuse, anti-dumping into a tool for trade protection.
3. China's economic development and enhance the competitiveness of exports, lead to anti-dumping with a certain inevitability
Since reform and opening up, China's sustained rapid economic development, foreign trade exports have doubled and redoubled. China's products continue to enter the world market with the inevitable result of the importing country are similar to those industries fierce competition. Since our products have the advantage of labor and raw materials, often in competition at the obvious advantage, therefore operate the worsening situation in the local industry filed anti-dumping applications have the hope that through such means will our products out of their markets. It can be predicted, as China's economy continues to develop, more and more industries will have a competition with foreign conflict, which would lead to an objective view on China's anti-dumping cases in a long time, maintain a relatively high number.
4. China's industries and enterprises of their own problems
China's current economic structure is still irrational, the development of the industry lack of long-term planning, pay attention to the immediate interests. A large number of enterprises decentralized management, coupled with industry management and coordination of efforts not enough, not enough standardized export management, leading to the occurrence of anti-dumping cases. For example, apple juice exports in the effectiveness of good few years ago, all localities have set up factories, the results because of large exports to foreign markets quickly saturated, the last in the United States anti-dumping cases. Meanwhile China's foreign export markets for concentrated, the largest export volume in a particular area and a sharp increase in the local market will also have an impact, and become the target of anti-dumping. China's magnesium products such as metal exports to the EU in 1993, less than 100 tons in 1996 as high as 11,000 tons, so the huge volume of exports growth, it's no wonder their implementation of EU anti-dumping [6].
5. Enterprises do not respond to the respondent or poor tend to make the other side easily won the
In China's anti-dumping case, about 50 percent of the cases without the respondent companies, with the result that the other party does not win war. Not responding to the consequences of default would mean foreign allegations. In addition to the "unified tax" to reduce the enthusiasm of enterprises involved in the case, the respondent enterprises lack awareness of the problem is the key. Some of our products to foreign anti-dumping, we could have been actively involved in the case and might have won, but some enterprises are unwilling to fight such a lawsuit, it can only listen to what other people say is what a long time, people felt that Chinese enterprises. " Bully, "at every turn on our export products to initiate anti-dumping allegations. In addition, domestic enterprises responding to lack of funds, anti-dumping issues such as lack of serious professionals is also involved in the case led to adverse business, the results are still the reasons for the failure.
Fourth, discriminatory anti-dumping deal with the recommendations and strategies
Anti-dumping some developed countries have increasingly become the preferred trade measures, the international trade in legitimate trade protection measures, so we export products, should be based on our past experiences and lessons, take corresponding countermeasures. Mainly the following aspects should proceed:
1. Realization of the export market diversification and "going out" strategy, China's export products to improve the international image, which is effective to avoid anti-dumping abroad China's preconditions. In the "quality win" approach to guide export enterprises to improve the technological content of export products and value-added, easy to vigorously develop the international market, with high technical content in the products, thus increasing the prices of export products and establish a good image of the product; implementation "Going out" strategy, can also enable Chinese enterprises effectively circumvent anti-dumping. Go abroad to invest to build production base with a brand as the core and change the product origin, the use of foreign origin of products, access to productive country's national treatment. For example, China to Mexico to build production plants, products, "accounts" in Mexico. According to rules of origin, "Made in China" products with Mexico the same products, but also free exports to Mexico reached a free trade HS
That the 34 countries and regions. [7]
2. The Government should establish a sound mechanism for responding to anti-dumping and increase the intensity of the negotiations, to provide an enabling enterprises responding to the support and help. This needs to do the following: (1) to establish an anti-dumping coordination mechanisms, and closely cooperate with the same external; employ experienced and influential Chinese and foreign defence lawyers appear in court (2) to establish an anti-dumping deal with the Fund to alleviate enterprises in responding to the shortage of financial resources Difficulties; Foreign Trade and Economic Cooperation can also be the central anti-dumping initiative in the use of special funds properly delegated to the relevant chambers of commerce, so have the right to take the initiative to respond to reasonable funds, received in an anti-dumping investigation, immediately hiring lawyers to inform all relevant enterprises , Prepared materials, timely reply, the first investor to ask enterprises to change after the reply, responding enthusiastically to its (3) take effective measures to train a number of proficient in the international anti-dumping laws dealing with the professional personnel, responding to anti-dumping The success of human resources to provide strong support.
3. The establishment and improvement of trade associations. Anti-dumping respondent is a business rather than a government, but the anti-dumping is a country of all enterprises, thus anti-dumping is not a matter of individual enterprises. Since anti-dumping cases are complex, just their own power to win, so in dealing with foreign anti-dumping, a major industry in a joint enterprise with one or two enterprises单打独斗compared to the more efficient, so We should attach importance to trade associations and other organizations of the building. According to the Ministry of Economy and Trade, the National Bureau of Statistics jointly released the "relevant trade associations on the award of anti-dumping, countervailing and safeguard measures relating to the functions and work of the commission on notice", anti-dumping trade association with the corresponding functions, the main functions are: to mobilize enterprises involved To participate in the respondent; organization of the respondent; charge of the industry domestic exports of coordination and maintaining export order to participate in the industry and other industrial damage investigation. In responding to external play its due role to safeguard the legitimate rights and interests of enterprises.
4. Intensify outreach China's market economic system, and resolutely opposed to foreign countries on China's discriminatory anti-dumping and the Government is the common responsibility of enterprises. China adopted the market economy for many years, and is written into the Constitution and the Foreign Trade Law, but there are still countries, as China's "non-market economy country" and the implementation of discriminatory anti-dumping, so that China's economic loss. Although China's WTO accession talks to allow WTO members in China's accession to the WTO after 15 years can still be used "alternative" approach, provided that China's enterprises can not clearly prove that he is under the market economy operates. [8] if we can prove that he or she should use China's enterprises or their own domestic production costs of the sales price. China since January 1, 2002 from the implementation of the "anti-dumping regulations," the distinct enough to show that China's attitude: never allow foreign dumping products in China, more Chinese products are not allowed to go abroad dumping. To this end both the enterprise or the Government must continue to strengthen outreach efforts, let the world understand China more real. In addition China's need to accelerate the pace of improving the market economy, according to the actual all-round increase the degree of marketization, to gradually realize the full market economy in transition, may soon become a world recognized market economy country, and discrimination against foreign trade.
5. To establish a flexible changeable business strategy to enhance the competitiveness of enterprises, anti-anti-dumping was an effective way. As international competition intensifies and factor market gradually standardized, and rely on low-cost Jingxiao has not feasible. All signs show that China's opening up process will not and can not be stagnant, especially in China's accession to the WTO, market access and market opening to become a reality under the circumstances, Chinese enterprises will face even more severe test, first of all to control the good export products Price level, in particular, close to the importing country's products competitive price level. To control the number of good product growth rate, and guard against a large number of products in the near future or have increased, regardless of the importing country market capacity and importing countries related industries production and operation status. Therefore, export enterprises should strengthen self-discipline, the development of fair and orderly export trade, the price on the business strategy changed only a single price competition strategy for the integrated and flexible non-price competition strategy can be really effective and lasting competitiveness. Government to establish the necessary punishment system to protect the normalization of the order of foreign trade exports.
6. Responding or not responding to weak corporate enterprises since breaking way out is the practice of enterprises involved in the case is the courage to deal with anti-dumping issue is the key. Upon receipt of anti-dumping investigation into the notice, if not the respondent companies, on the other side of the right to use "best available information", which is often the prosecution was very negative data. Government and the relevant authorities through the establishment of an effective incentive mechanism and a restraint mechanism, responding to reverse the negative situation. 1999 Foreign Trade and Economic Cooperation to develop a manifestation of "Who responding to benefit" the principle of the specific provisions are in place and increase the intensity of rewards and punishments. Active enterprises involved in the export licensing and customs and so on at trial to give subsidies and Zhong Jiang, mobilize the enthusiasm of enterprises involved in the case. The respondent ineffective, large is willing to pay the price even use other people's hard work to win the anti-dumping "no harm" results in favour of continuing to engage in the conduct of low-cost Jingxiao severely punished, or even abolish the right to operate its production, foreign trade rights. China's anti-dumping nearly a decade in favour of the respondent's absolute rate of 37.5%, that is, no tax and no damages were closed. Therefore, China's enterprises face anti-dumping proceedings must respond quickly, we need to be involved in the case effective. Once the anti-dumping case started, the enterprises should strive to obtain adequate information, fully ready to respond to material, to win. Therefore the Government should encourage the respondent, both rewards and punishments, for the respondent companies to give incentives to increase their export quotas to encourage enterprises to respond to the courage and fight, not afraid of power, defend their legitimate rights and interests. This could be a result of anti-dumping and the damage control in a certain range, and safeguarding the interests of the state and enterprises, and anti-dumping rate should be negative situation will be greatly improved.
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