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The WTO's Anti-Dumping Agreement stipulates that in order for a member to implement anti-dumping measures, it must comply with three conditions: first, to establish the fact of dumping; second, to identify the threat of material injury or material injury to the domestic industry, or to the establishment of the relevant domestic industry; Third, it is established that there is a causal link between dumping and injury.
According to the definition of dumping, dumping is considered to exist if the export of a product is lower than normal. The difference between exports and normal is known as the dumping margin. Therefore, there are three steps that must be followed to determine dumping:
Determination of export**; Determined to be normal**; Compare exports and normals.
Normal** usually refers to comparable sales of similar products in the exporting country under normal conditions. If the domestic ** of the product is controlled, it is often confirmed that the export of similar products from a third country is normal**.
Unlike the initiation of a countervailing investigation, the injured State of a dumping act is not obliged to consult with the member concerned before initiating an anti-dumping investigation; In examining the impact of dumping on the domestic industry, the magnitude of the dumping margin needs to be taken into account and the dumping margin needs to be determined. The WTO stipulates that the dumping margin shall not exceed **2% of imports, and the proportion of imports of dumped products in the proportion of imports of similar products shall not exceed 3% is the minimum limit of the dumping margin that can be ignored.
The ultimate remedy for anti-dumping is to impose anti-dumping duties on the dumped product. The amount of anti-dumping duties imposed may be equal to or lower than the dumping margin.
Although the anti-dumping investigation has not been concluded, the injured member may take interim measures on the premise that the existence of dumping and the injury caused by it has been preliminarily determined, and that the dumping has been prevented from causing further injury during the course of the investigation, and that the parties have been fully provided with information and an opportunity to express their views.
Another remedy is commitment. If the exporter voluntarily makes a satisfactory undertaking to amend** or cease to dump** the export, the investigation procedure may be suspended or terminated without interim measures or anti-dumping duties imposed by the relevant authorities.
As with the initiation of countervailing duty proceedings, a member** should initiate an anti-dumping investigation upon receipt of an application from a domestic enterprise or industry injured by the dumped product. The parties must be notified of the initiation of an investigation. They include the exporter's member**, the exporter or foreign producer, the importer of the product under investigation, trade associations, producers of similar products in the importing country and their trade associations, etc.
If there is insufficient evidence of the existence of dumping and its injury, or if the dumping margin or quantity of dumped imports falls below the minimum limit, the investigation shall be terminated.
Under the framework of the WTO, anti-dumping measures can only be taken, not by business and industry. Therefore, a country's business or industry must initiate anti-dumping procedures through **.
If a member whose exports are under investigation is dissatisfied with the action taken by the investigating member, it can refer the matter to the WTO Dispute Settlement Body. In this case, the exporter must take such action through the home country**.
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It's really amazing, I said everything I wanted to say, and I added one point: dumping has two characteristics: 1** low 2. Huge quantity Generally, in order to prevent dumping or anti-dumping countries, foreign countries impose quota restrictions on their goods, such as textiles.
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In order to better protect the local industry, there is anti-dumping or anti-dumping.
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First of all, let's introduce the concept of dumping, its economic definition is: overseas goods (commodities) are sold at a lower price than the same goods (commodities) at the same time in the domestic market under similar conditions****.
The legal definition of dumping is: the act of an exporter selling a product to an importing country at a lower than normal value** and thereby causing injury to the importing country's industry.
Anti-dumping is to resist the above-mentioned acts.
Since joining the WTO, China's goods have been exported to the importing country, because of the high quality and low price, affecting the domestic industry of the importing country, and it is considered to be dumping, and has been subject to many foreign anti-dumping lawsuits, but in fact, we have not reduced the number of sales, which has a great impact on China's exports.
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Anti-dumping refers to the measures taken to resist the dumping of foreign goods in the domestic market, which may take the form of temporary duties. Dumping refers to the entry of imported products into the market of the People's Republic of China at a lower than their normal value in the normal process. The Ministry of Commerce is responsible for the investigation and determination of damages.
[Legal basis].
Article 3 of the Anti-dumping Regulations of the People's Republic of China.
Dumping refers to the entry of imported products into the market of the People's Republic of China at an export level lower than its normal value in the normal course of production.
The Ministry of Commerce is responsible for the investigation and determination of dumping losses.
Article 7. Injury means that dumping causes or threatens to cause material injury to an established domestic industry, or causes a material obstacle to the establishment of a domestic industry.
The Ministry of Commerce is responsible for the investigation and determination of damages. Among them, the investigation of anti-dumping domestic industrial injury involving agricultural products shall be conducted by the Ministry of Commerce in conjunction with the Ministry of Agricultural Marketing and Preparation.
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Legal Analysis: The importing country adopts measures such as high taxes on the imported goods dumped by the exporting country to protect the interests of its own economy and producers.
Legal basis: Anti-dumping Regulations of the People's Republic of China
Article 10 The assessment of the impact of dumping of imported products shall be determined separately for domestic production of similar products; Where the production of domestic similar products cannot be determined separately, the production of the narrowest product group or scope, including domestic similar products, shall be reviewed.
Article 11 "Domestic industry" refers to all domestic producers of similar products in the People's Republic of China, or producers whose total output accounts for the main part of the total domestic output of similar products; However, a domestic producer may be excluded from the domestic industry if it is related to the exporter or importer, or if it is itself an importer of dumped imports.
In exceptional circumstances, a producer in a regional domestic market may be regarded as a separate industry if he sells all or almost all of his or her similar products in that market, and the demand for such products in that market is not mainly supplied by producers elsewhere in the country.
Article 12 "Similar products" refer to products identical to dumped imported products; If there is no identical product, the product with the characteristics most similar to the dumped imported product shall be regarded as the same product.
Our saying here is "nine females and ten males", in fact, the crab is on the market season to eat the female crab first, after a period of west wind blowing, the male crab's oil is good, eat the taste is great, this may be related to the growth cycle of the male and female crabs, so the food is delicious, but different solar terms eat different crabs. >>>More
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