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Study on Auti-Dumping Law EU and U.S. through Typical Cases

Author: YaoYiZuo
Tutor: NaLi
School: Jilin University
Course: International Law
Keywords: Dump Anti-dumping Legal system
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 227
Quote: 0
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Abstract

In today's globalized economy, dumping problem has been more and more national attention, especially in the years to do something about dumping cases have been increasing in China's accession to WTO, the response to the international economic environment dumping it becomes particularly important. In many of the world's countries, the European Union and the United States against China launched anti-dumping investigations than any other country, the following two cases through the EU and the U.S. anti-dumping Probe substantive law, and the development of China's anti-dumping laws to give more inspiration. Through India v. EC anti-dumping cotton bedding Dispute, see the essence of the EU anti-dumping legislation, according to the EU anti-dumping institutional settings, as well as cases reflect the settings on the program, the EU is always the protection of the interests of the EU Community industry first place, once the EU believes that foreign manufacturers for their own industries have constituted dumping, the EU will take immediate emergency measures, does not make this situation hamper the EU industry. Therefore, in case investigation, the EU national interests would be more complaining party is valued, while in the case of proceedings, most cases do not have to comply with the EU in the WTO \determining dumping, injury and dumping and injury to determine the causal relationship between that several factors, and on the EU's Community interest, but also the place where they are most valued. Basically the same three factors as important. U.S. anti-dumping regime has many similarities with the European Union, are based on WTO \And best embodies the U.S. trade protectionism is a classic example of this is the famous American Act \As to pass the bill to bring their national industry \Dumping this behavior has distorted the world economy a fair competition between domestic products and imported an ecological balance between exports, while the United States, \, a fundamental violation of the anti-dumping measures have been set in nature and substance, in violation of the anti-dumping trade remedies, may also be re-erected a new tariff barriers to block free trade, and the introduction of this bill completely embodies the U.S. violation of WTO under the \Dumping law in the United States, from the \\specific measures for the interpretation and very vague, in later case, due to the strong condemnation of 11 countries and the Dispute Settlement Body of the retaliatory tariff measures, making the United States had to abolish \behavior has been widely condemned by the international community, non-tariff barriers have been disguised to a new alarm sounded. Dumping Act by the U.S. and the EU-dumping law legal substance of research, and the classic case as evidence, if it is excessive abuse antidumping law would destroy the balance of trade, China, as an economic power, in response to the increasingly complex world economy When the pattern is always to constantly improve themselves in order to achieve a stable equilibrium state continue to move forward, first of all, need to improve their own anti-dumping legislation. Secondly, the courage to propose anti-dumping complaint. Third, make full use of the dispute settlement mechanism to safeguard their own interests. Fourth, standardize their corporate behavior. Fifth, resolutely curb trade protectionism. We can better play their own advantages in the world trade arena, take place.

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