The determination of dumping is one of the necessary requirements for anti-dumping measures. According to Article 2, paragraph 1, of the Anti-dumping Agreement, if a product is exported from one country to another, its export price is lower than the comparable price of the same product for consumption in the normal trade of the exporting country (comParable Price), the exported product is regarded as a dumped product. The "comparable price" referred to here is the "normal price" (Normal Price) of the relevant products sold in the exporting country. The difference between the export price and the normal price is the dumping margin. Therefore, to determine whether there is dumping, you must first clarify the normal price. Standard for price determination. ① Normal price. Normal price generally refers to the domestic sales price of the same product when used for consumption in the exporting country. To use the domestic market price of the exporting country as the normal price, the following conditions must be met: A. The domestic sales price must be representative, that is, the sales of the relevant product in the domestic market account for more than 5% of the product's exports. The purpose is to prevent exporters from artificially lowering normal prices and reducing dumping margins through smaller domestic sales volumes. So that dumping does not exist. B. The domestic sales price adopted should be the price reached in the course of normal transactions (that is, the price reached between independent traders). C. Sales prices below the cost price shall not be regarded as normal. Price. If the exporter's sales price in the domestic market is lower than the unit production cost plus reasonable administrative fees and general selling expenses, the sale is not considered a sale under normal trade practices if no domestic sales price exists or cannot be achieved. The domestic sales price is used to determine the normal price. The Anti-dumping Agreement stipulates that the third country’s export price or structural price can be used as the normal price. The so-called third country’s export price refers to the export price of the same product to a suitable third country and its export product price is representative. The comparable price is regarded as the normal value. The so-called structural price refers to the price formed by adding reasonable sales fees, management fees and other expenses and profits on the basis of the production cost of the origin. The above method of determining the normal price is only applicable to the product. Confirmation of the normal price or fair value of products from market economy countries. The Anti-Dumping Agreement does not explicitly stipulate how to confirm the normal price of products exported from non-market economy countries. However, in practice, there are basically the following methods: A. Substitution. The importer does not use the sales price in the domestic market of a non-market economy country as the normal price, but chooses the cost or sales price of similar products produced in a third country with a similar level of economic development and a market economy system. As a basis, the normal price is calculated. B. Structural price is to calculate the cost of the product based on the price of a market economy country based on the quantity of inputs produced in the exporting country. Enterprise management fees and profits. C. The sales price of similar products on the importing side. When the first two methods cannot be used, the normal value of exports of similar products on the importing side is determined. Price. The export price is relatively easier to determine than the normal price. Generally, the amount expressed in the commercial invoice shall prevail. If there is no export price (such as barter trade) or the export price is unreliable (such as If there is a partnership between the exporter and the importer), the price at which the allegedly dumped product is first resold to an independent merchant shall be used as the export price. ③ The comparison rule between the export price and the normal price. The Anti-Dumping Agreement further stipulates that a fair comparison should be made between the export price and the normal price, that is, the two prices should be compared on the same time basis, at the same level of trade, with the ex-factory price as the benchmark, and should also be based on the circumstances of each case. Appropriate compensation or adjustments are made on a case-by-case basis for the various factors that affect the price. To this end, the Agreement on the Implementation of Article 6 of the General Agreement on Tariffs and Trade requires: A. The comparison should be carried out in the same trade link (usually ex-factory price) and at the same time or similar time conditions as much as possible. In addition, other factors that affect comparison need to be considered, such as price terms, taxes, quality, material characteristics, etc. B. If such comparison requires currency conversion, the conversion shall use the exchange rate on the date of sale. Normally, the sales date is considered to be the date of the contract, the date of the purchase order, the date of the order confirmation or the week of the invoice. If foreign exchange transactions in the futures market are directly linked to related export transactions, forward rates are used. C. On the premise of ensuring a fair comparison, the existence of dumping differences during the investigation stage should generally be based on a comparison of the weighted average of the normal price and the weighted average of all comparable export prices, or on the normal price and export price of each transaction. Based on the comparison, if the export price differs greatly due to different importers, different regions or different times. The importing party can use its calculated weighted average normal value to compare with the price of each export transaction. D. If a product is transferred from the country of origin to an intermediary country and then exported from the intermediary country to the importing country, the export price of the product should be compared with the comparable price in the intermediary country. If the product is only transshipped in the intermediary country, or the product is not produced in the intermediary country, or there is no comparable price in the intermediary country, the export price of the product can be compared with the price in the country of origin. To sum up, the determination of dumping has three basic contents, namely the determination of normal price, the determination of export price and the comparison of normal price and export price. Any one of these three items will have a decisive impact on the final determination of dumping.