From Ceramic Mug Group
,China Ceramic EU anti-dumping investigations brought the proposal was finally adopted on the 18th, which makes the whole enterprise of China's ceramic exports to mention a sigh of relief - it is the ceramic industry is known so far suffered the largest anti-dumping investigations, and no one can guarantee The records will not be broken. The international situation is not satisfactory, China's ceramics export enterprises need to understand some common sense about the anti-dumping, anti-dumping investigations in the event and then take steps to protect themselves. So on what basis the EU export of Chinese ceramic mug
found there "anti-dumping"?
WTO's "Anti-Dumping Agreement" provides that a member of the anti-dumping measures to be implemented, must comply with three conditions:
(1) the export price of imported goods is lower than normal value;
(2) of similar products to the importing country's industrial production caused material injury, or the existence of such a threat, or the result of a new industry, material retardation.
(3) below the normal value of sales and damage to a causal relationship.
With the above three conditions must be imposed does not exceed the dumping margin of dumping products, special tariffs.
Determination of Dumping
Determination of dumping anti-dumping measures is a prerequisite. According to the provisions of Article 6 of the GATT, a country with less than normal value products into another country's market price, as a result of trade within the territory of the Parties established an industrial cause substantial damage or substantial damage arising the threat of a domestic industry or materially impede new, constitutes dumping.
Dumping should have three conditions:
1, the export price of imported goods is lower than normal value;
2 similar products in the importing country's industrial production caused material injury, or the existence of such threats, or result of a new industry, material retardation;
3, lower than the normal value of sales and damage to a causal relationship.
With the above three conditions must be imposed does not exceed the dumping margin of dumping products, special tariffs. This involves a very important question, namely, the normal value and export price comparison. If the export price will be lower than the normal value of the existence of dumping, the difference between the size of the dumping margin is determined, if the export price is higher than the normal value can not be regarded as dumping.
The calculation of dumping margins
The calculation of dumping margins, in principle, for each survey (the exporter or producer) of the product separately calculate the dumping margin, "the authorities concerned for each known exporter or producer of the product dumping margin separate survey should be make a decision, it should be used as a guideline. " However, if the survey involved a lot and, as eleven pairs of the survey carried out to determine the dumping margin, the sampling method can be used, the specific practice, "the competent authority shall normally be the product under investigation for each known exporter or producer to determine individual margin of dumping. In the exporters, producers, importers, quantity or types of products involved in making such a determination more than leaving the actual situation, the competent authority may make a choice by based on the information available on the effective use of statistical sampling methods to limit their examination to a reasonable number of interested parties or products, or limited to reasonable investigation can be exported from the countries involved in the largest percentage. " sampling is not random, but the largest exporter to the survey.
Determination of injury
A product of a second anti-dumping is a necessary condition for "the existence of the importing country damage to domestic industry." Damages should be based on conclusive evidence to determine and to inspect two major areas: First, the number of dumped imports and dumped imports on the domestic market price of similar products; the second is along these imports on domestic producers of such products impact.
Determination of material injury
Real damage is to be filed anti-dumping investigation of imports of the product a significant increase than before, significantly increased market share, import price of domestic similar products dropped significantly, or a substantial increase in the demand for serious situation suppressed the rise in prices and so the damage is substantial. Consider three main factors: first, whether the dumping of products constitutes a sharp increase in the number of - either absolute or relative to the number of importing countries in terms of production or consumption; the second is whether the importer of the product the same or similar products prices and its impact; third is the product of the importing country the same or similar products industry, manufacturers of the impact of the impact and follow-up level, including the production output, sales, inventory, market share, prices, profits, productivity, investment recovery rate, cash flow, equipment utilization capacity, employment, and many other factors.
Determination of threat of material injury
Threat of material injury to the importing country is not related to industry, although substantial damage, but the fact that dumping would lead to such damage occurred. And this fact is imminent, it is foreseeable, not hypothetical, distant. Threat of material injury to determine when to consider these factors: First, the dumped imports into the domestic market, a significant rate, indicating that the likelihood of substantially increased imports; the second is fully free to use the exporter, or an imminent, substantial increase in capacity that dumped exports to the importing Member likelihood of substantially increased the market, taking exports to absorb any additional possibility of other export markets; third is whether the imported products to domestic prices will have a significant depressing or suppressing effect on the price of entry, will increase the demand for further imports; Fourth, inventories of the product being investigated.
Real obstacles to the industry to determine the new
New material retardation of the industry is dumped imports of the country did not cause material injury to domestic industry or the threat of substantial damage, but if the importing country has seriously hindered the production of similar products in the establishment of a new industry, may also be considered there is damage. Serious impediment to a new industry, it should be a new industry in the actual process of establishing new serious disruption, dumping can not be understood as the product hinder the development of a new industry vision or plan, and if necessary, to have sufficient evidence.
Determination of the domestic industry
Three can be seen from the front, in determining damages, to the importing country must be carried out to determine the domestic industry. According to "Anti-dumping Agreement" provides that "domestic industry" refers to the exporting country's domestic producers of similar products produced all, or, though not constitute the whole, but its domestic production of similar products industry, most of the producers. Subject to certain conditions, the "domestic industry" may also constitute a range of areas, provided that the area on the country's other regions, the formation of a relatively independent of the competitive market, that is, the producer of the market in the market to sell their produce all or almost all of products; the needs of the market in large part not by the other places in the territory producers supply the product in question. In this case, even if the main part of the total domestic industry is not injured, as long as the concentration of dumped imports into such an isolated market and provided the market is being dumped all or almost all damage to the product manufacturer, can be considered there is damage. But in this case anti-dumping duties only on final consumption in the region for the product in question levied.
Also, according to "Anti-dumping Agreement," Article, where two or more countries have reached the level of integration, that they have a single unified market, the nature of the characteristics, the industry throughout the region should be regarded as "domestic industry. " Note that, as the producer associated with the exporters or importers or are themselves importers of the allegedly dumped product, these producers are excluded from the "domestic industry" outside
"Anti-dumping Agreement," also added a cumulative evaluation of the system. Agreement, Article 3, paragraph 3: "If more than one country from imports of a product simultaneously subject to anti-dumping investigations, the investigating authorities to determine the following only if, before the cumulative assessment of the impact of such imports:
a. on imports from each country to determine the dumping margin is greater than paragraph 8 of Article 5 of the definition of de minimis dumping margin, and the volume of imports from each country is not negligible;
b. under the conditions of competition between imported products and imported products and domestic conditions of competition between similar products, the impact of imported products by the cumulative assessment is appropriate. "
Between dumping and injury causation
The third anti-dumping necessary condition is found between the dumping and damage causal relationship, that damage is caused due to dumping. Causal link between dumping and injury between two situations:
1, the main cause and effect. Related industries in the importing country damage wholly or mainly caused by the dumping products, related products that led to the dumping of imports of the country of direct damage to the industry, known as the main cause and effect relationship or a direct causal relationship.
2, the general causation. Even if the importing country damage to domestic industry by dumping of products and other relevant factors the result, but as long as the dumping of the work leading to damage to one of the reasons to impose anti-dumping duties.
However, in order to ensure a fair and reasonable anti-dumping investigations, "Anti-dumping Agreement," the importing country requires a comprehensive investigation of anti-dumping investigation agency other than dumping that may lead to damage to other factors, and factors outside of its exclusion from the dumping.
"Anti-dumping Agreement," Article 3, paragraph 5, dumped imports caused the damage under this Agreement must be proved. Damage to the importing country may also be other factors that the industry, due to the damage caused by other factors can not be attributed to dumped imports. Can rule out the causal relationship exists between the factors:
Not exporting at dumped prices, the import volume and price of products
Exist in many countries accused of dumping products in the case of exporters, is sometimes difficult to exporters under the specific circumstances of each to determine the normal value, then only an exporter or importer to provide evidence that there is considerable in its sales number of products does not exist in the case of dumping, we can rule out the existence of causal relationship. In general, can be proven product sales should reach all the exporters more than 50% of exports.
Reduction in domestic demand or changes in consumption patterns
Domestic market demand in the importing countries or importing countries reduced consumption structure changes, market supply and demand will cause a significant change, leading to lower commodity prices and production reduction. As long as the price or decline, the domestic industry, the importing country's economic condition index will change accordingly. Reasons for this change can not be wholly attributed to the import of goods on the exporting country.
Between foreign and domestic producers of competition and restrictive trade practices
Industry is facing competition in the importing country are many, this competition not only from the alleged dumping of products, but also from other non-dumping products, including imported products, domestic production of similar competition among manufacturers. When the number of dumped imports of the product when there is no significant increase in import injury to domestic industry may be the result of competition of other imported products, it could be due to the result of competition act in restraint of trade. In particular, competition in the importing country market disorder, the case of a price war, accused of dumping products should be excluded from a causal relationship.
Technology and the domestic industry's export performance and productivity
Technical level of a country's enterprises, export capacity and production efficiency is a measure of the level of industrial development in the country of a most important factor. If the importing country backward production technology, weak exports, labor productivity is low, then certainly a direct result of declining competitiveness of their products, lower prices, reduced output and other economic indicators have worsened. In this case, apparently accused of dumping products can rule out a causal relationship. "Anti-dumping Agreement" set out the above in the exclusion of several causal factors, it is also stressed that all listed above does not include the possibility should be excluded. According to the practice of national anti-dumping law, other possible factors include: import country's economic crisis, the poor quality of business management, poor product quality, marketing channels blocked, the emergence of substitute products and exporting and importing countries, such as between the quota arrangements.
Definition of dumping
Dumping refers to a country or region of the exporter to normal or lower than the average domestic market price or even below cost price to sell their products to another country's market behavior, aimed at beating competitors to win market, and thus to the importing State the same or similar products manufacturers and industry a disservice. Anti-dumping, by definition refers to a country (importing country) for his country for its own actions taken against dumping measures. The stronger the trend of globalization of trade, countries tend to the protection of domestic industry also will be stronger, anti-dumping to be taken in most countries, the main trade security system. With the world economic and trade relations continue to develop, almost white-hot competition in the market, declining levels of national tariffs and the imbalance of economic development, international fight against dumping and anti-dumping even more intense.
1994 Uruguay Round of GATT negotiations "on the implementation of the 1994 General Agreement on Tariffs and Trade Article VI of the Agreement" (referred to as the "Anti-Dumping Agreement") is the most authoritative international anti-dumping laws. Article 2 of the Agreement, paragraph 1, the definition of dumping were clearly defined: "If in the normal course of trade, a product exported from one country to another country, the export price is lower than the domestic consumption in its the same products at comparable prices, ie the value less than its normal commercial channels to enter another country, then the product will be considered as dumping.
Characteristics of dumping
Dumping is a low-cost measures to sell the product
Dumping by the exporter according to different market characteristics, status, supply and demand and competition form the purpose of lowering its own products in the market price of the other State measures. Dumping low-priced sales of this market behavior does not follow the normal laws of supply and demand and the basic price, the price can not be dumped objectively reflect its economic value.
Dumping refers to selling low-priced international trade
From the definition and nature of dumping can be seen, dumping refers only to occur in a country (the exporting country) with another country (importing country) trade in price discrimination, therefore, a low-cost domestic trade sales do not belong here that the "dumping", it is not the object of anti-dumping law norms.
The purpose and motivation for dumping diversity
Dumping is a particular country or region can cause damage to industry, acts of unfair competition. The purpose or to sell excess product, or to maintain the scale of production, or to earn foreign exchange, but is usually excluded as well as to squeeze the same or similar products of other countries producers to achieve the monopoly of the market, raise prices, access to over monopoly profits.
Dumping is an unfair trade practices
Dumping is unfair trade practices by the fierce competition for advantage in international trade and undermine the interests of the importing country. It will not only affect the economic development of the importing country, but also disrupt the normal competition of the international order.