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The Protection of International Trade with Anti-dumping System

Author: ZhangWenPeng
Tutor: LiuHuiRong
School: Ocean University of China
Course: International Law
Keywords: Dumping Anti-dumping Industrial Damaged International Trade Protect
CLC: F752.02
Type: Master's thesis
Year: 2010
Downloads: 263
Quote: 1
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Abstract


In international trade, dumping and anti-dumping have been of long standing. In recent ten years, many countries have used "anti-dumping" frequently, and it was becoming the "offensive weapons" among countries to resist imported products into national market which resulted in trade friction. People began to doubt the significance of anti-dumping system for protecting free trade. More and more people doubt the anti-dumping’s scientific and rationality. It requires us to further study systematically on anti-dumping system, to recognize that the existence of anti-dumping system is to protect competition and to be against unfair trade as a safety valve to protect the trade.Studying anti-dumping, firstly, we should figure out the basic knowlege about dumping and anti-dumping. Dumping appeared in the period of mercantilism. As the international efforts on anti-dumping are strengthening, the ways of dumping are being various. Dumping is harmful to the import country’s economy and also leads adverse effects to export country’s economy. The theory about anti-dumping mainly includes "dumping harmfulness" and "trade protection". Anti-dumping is a way to limit importing products in order to save domestic damaged industry through case registration and levying anti-dumping duty. The system of anti-dumping has functions to avoid serious conflict in international trade and to promote free trade. The exposed questions in the practice of anti-dumping should be paid more attention. However, the nature of anti-dumping to protect normal trade is not changed. It is a legal protecting way acknowledged by present international society and permitted by WTO. In different historical stages of economic development, dumping and anti-dumping have different characteristics. The number of anti-dumping will become a new form of anti-dumping. In order to protect domestic industry from damage of dumping, beginning in Canada, many countries make laws for anti-dumping, and meanwhile, international anti-dumping rules of the multilateral trade are forming gradually. And the situation is that domestic law, international multilateral trade agreements and regional trade agreements coexist. WTO, European Union, United States and China, all of them have their own anti-dumping mechanism; In anti-dumping, through the investigation, the normal value, export price and dumping margin can be confirmed; whether there is dumping and the scope of dumping; levying temporary dumping taxation aiming at dumping acts. WTO Anti-dumping is an international representative of the anti-dumping mechanism. The anti-dumping practices of U.S. and EU have their own characteristics. The case of EU anti-dumping against Chinese color TV is representative.China has become the main target country in the practice of international anti-dumping. The number of anti-dumping is the highest in the world. The United States and Europe are main roles of anti-dumping to China. Developing countries come from behind. Moreover, China suffers serious unfair treatment in anti-dumping which causes negative effects to China economy in the levels of enterprises and government. The situation occurring is not only because of Chinese internal reasons, such as:the rapid growth of foreign trade, further improvement of market economy, imperfect of the anti-dumping legal system and the lack of self-discipline of export enterprises, without warning system, enterprises’weak awareness responding to anti-dumping and so on, but also has reasons outside of China, such as:trade protection in most countries imposing, the defect of WTO "Anti-Dumping Agreement" itself, the China threat theory and so on. At present, in China, there are a lot of problems in the process of anti-dumping. Facing to such question, China should improve anti-dumping law. And the government, industry associations, exporters and so on should play their own roles fully.

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CLC: > Economic > Trade and Economic > States foreign trade > China's foreign trade > Principle of policy and its elaborate > Trade protection
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