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First, the concept is different:
Anti-dumping is aimed at dumping, which refers to the act of exporters in one country or region selling their products to the market of another country at a lower price than the normal or average ** or even lower than the cost ** in the domestic market. Anti-dumping is aimed at countermeasures against a certain dumping product from a specific country or region;
Countervailing is a subsidy for a product that is financially supported by a member country** or any public authority;
Safeguards, on the other hand, are specific to specific products and not to specific countries, regions, and companies;
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Second, the applicable conditions are different:
Conditions for the implementation of anti-dumping measures: dumping at low prices, causing substantial injury to the importing country. Suitable for:
The specific forms of implementation of unfair or unfair competition: cash deposits, commitments, letters of guarantee, and finally the corresponding taxes. Implementation period:
Not more than 4 months, which can be extended to 9 months in special circumstances.
Conditions for the implementation of countervailing measures: due to **subsidy**.
competitive advantage, which caused substantial damage to the importing country. Applies to: Unfair** or unfair competition.
The specific form of implementation: cash deposit, ** commitment, letter of guarantee, and finally the corresponding taxes. Implementation period:
Not more than 4 months (cannot be extended).
Safeguards are subject to a surge in the volume of imports that crowds out the market share of the importing country and causes substantial harm to the importing country. Suitable for:
Numbers have skyrocketed under fair conditions. Specific forms of implementation: imposing additional tariffs, imposing quota quantity restrictions, or finally imposing tariffs or imposing tariff quotas.
Implementation period: Temporary safeguard measures shall not exceed 200 days, generally not more than 4 years, and may be extended up to 10 years.
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Third, the international rules are different:
Anti-dumping regime: Article 6 WTLO Anti-dumping Agreement of 1994 GATT;
Countervailing regime: Article 6 of the 1994 GATT WTO Subsidies and Countervailing Agreements;
Safeguard system: Article 19 of the 1994GATT WTO Safeguards Agreement;
Fourth, the scope of implementation is different:
Anti-dumping regime: discriminatory, i.e., anti-dumping only on specific products in a specific country;
Countervailing regime: the serve is discriminatory, i.e., countervailing only for specific products in specific countries;
Safeguard system: non-discriminatory, with safeguards for the same product exported by all countries;
Fifth, initiating an investigation is different:
Anti-dumping regime: there must be a domestic enterprise or a consortium of enterprises;
Countervailing regime: the application must have a domestic enterprise and a consortium of enterprises;
Safeguard measures system: the application can be applied by enterprises and institutions, or it can be directly investigated by ** when there is no enterprise application;
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To put it simply, dumping means that the ** of imported goods is far lower than the average of the importing country, and it is easy to have an impact on other such commodities in the importing country. This is also the case with subsidies from exporting countries, where exporting countries subsidize or rebate exported goods, so that the goods can be exported at a lower level, which will have an impact on the importing country.
Anti-dumping and countervailing are both in order to restrict the import of such commodities and maintain their own production enterprises of such commodities, imposing higher tariffs on such imported goods, raising their ** and restricting their imports.
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Legal analysis: 1. Countervailing refers to the adoption of necessary restrictive measures against subsidies by a country or the international community in order to protect the healthy development of its own economy, maintain the order of fair competition, or for the free development of the international community. These include interim measures and commitments to impose countervailing duties.
2. Anti-dumping refers to the measures taken to resist the dumping of foreign goods in the domestic market. Generally, in addition to the general import duty on dumped foreign goods, a surcharge is added to make it inexpensive, and this kind of surcharge is called "anti-dumping duty".
Legal basis: Article 41 of the Foreign Affairs Law of the People's Republic of China Where products from other countries or regions enter China's market by dumping at a lower than normal value, causing substantial injury or threat of substantial injury to the established domestic industry, or causing substantial obstacles to the establishment of the domestic industry, the state may take anti-dumping measures to eliminate or mitigate such injury or the threat or impediment of such injury or injury.
Article 43 of the Foreign Affairs Law of the People's Republic of China Where an imported product directly or indirectly receives any form of targeted subsidy from the exporting country or region, causing substantial damage or the threat of substantial injury to the established domestic industry, or causing substantial obstacles to the establishment of the domestic industry, the State may take countervailing measures to eliminate or mitigate the threat or impediment of such injury or damage.
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Legal analysis: countervailing refers to the necessary restrictive measures taken by a country or the international community in order to protect the healthy development of its own economy, maintain the order of fair competition, or for the free development of the world. These include interim measures and commitments to impose countervailing duties.
Legal basis: Anti-dumping Regulations of the People's Republic of China
Article 1: These Regulations are formulated in accordance with the relevant provisions of the "Foreign Law of the People's Republic of China" in order to maintain order and fair competition with foreign countries.
Article 2 Where an imported product enters the market of the People's Republic of China by dumping and causes or threatens to cause substantial injury to an established domestic industry, or causes a substantial obstacle to the establishment of a domestic industry, an investigation shall be conducted and anti-dumping measures shall be taken in accordance with the provisions of these Regulations.
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1. Anti-dumping is a financial term that refers to the measures taken to resist the dumping of foreign goods in the domestic market. Generally, in addition to the general import duty on dumped foreign goods, a surcharge is added to make it inexpensive, and this kind of surcharge is called "anti-dumping duty".
2. In the 16th and 17th centuries, subsidies became a policy in many capitalist countries. These countries implement incentives and support measures to support their exports in order to capture more overseas markets and gain more international market share. Countervailing is a concomitant to subsidies, in which importing countries counter the actions of export-subsidizing countries.
From a legal point of view, countervailing is a legal act by which the countervailing authority of an importing country imposes countervailing duties and other measures to offset the consequences of damage to the domestic industry or to impede the establishment of the domestic industry.
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1.Anti-dumping refers to the measures taken to resist the dumping of foreign goods in the domestic market. Generally, in addition to the general import duty on dumped foreign goods, a surcharge is added to make it inexpensive, and this kind of surcharge is called "anti-dumping duty".
The key point: make it not sell cheaply.
2.Countervailing refers to the necessary restrictive measures taken by a country or the international community in response to subsidies in order to protect the healthy development of its own economy, maintain the order of fair competition, or for the free development of the world. These include interim measures and commitments to impose countervailing duties.
Key point: to make the economy develop healthily, to maintain fair competition, or for the free development of the world.
Four methods: consultation, mediation, arbitration and litigation.
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