1. The current situation of the EU’s anti-dumping against China
Judging from the EU’s anti-dumping cases against China over the years, its anti-dumping against China mainly has the following characteristics:
1 ) The EU was the first region to file anti-dumping charges against China
In 1979, the EU filed anti-dumping charges against China's mechanical alarm clocks and saccharin sodium. This is not only the EU's first anti-dumping against China, but also the first anti-dumping China has suffered in the world. It can be said that the EU took the lead in launching anti-dumping against China, opening the door to foreign anti-dumping against China.
2) my country has become the primary target of EU anti-dumping
The proportion of EU anti-dumping against China to the total number of EU anti-dumping cases has been average since 1998, except for 1998 and 2001. Above 12%, the highest reached 42.8% in 2003. From 1995 to the first half of 2003, the EU took 27 anti-dumping measures against Chinese products (including Hong Kong, China, excluding Taiwan, China), 15 from India, 14 from Thailand, 11 from South Korea and Russia, with China ranking first. first place. It can be seen that China has become the main target of EU anti-dumping.
3) The number of anti-dumping investigations against China has increased rapidly
From the first case to the end of 2003, the overall trend of EU anti-dumping investigations against China has been upward. Especially in the 1990s, the number of cases increased rapidly. Among them, "4 in 1991, 4 in 1993, 5 in 1995, 5 in 1997, and 12 in 1999." It is not difficult to see that the number of EU anti-dumping cases against China is constantly increasing.
4) The scope of anti-dumping products against China has gradually expanded
At first, the EU anti-dumping cases against China mainly focused on primary products of the mining, minerals and chemical industries, and later expanded to include textiles, mechanical and electrical products, In recent years, the target of steel products has been expanded to include my country's traditional bulk export products, mainly bicycles, color TVs, shoes, microwave ovens, etc. This large-scale and large-scale anti-dumping has severely restricted China's export trade to the EU. At the same time, This has severely damaged China's industrial development and had an extremely negative impact on my country's adjustment of its export product structure.
5) High anti-dumping tax rates against China
The EU’s anti-dumping tax rates are sometimes as high as several times, more than ten times or even dozens of times. They are no longer designed to maintain normal trade order, offset and The purpose is to prevent dumping, but to impose high anti-dumping duties to make Chinese products lose their competitiveness in the EU and eventually withdraw from the EU market. For example, Chinese color TVs have been subject to anti-dumping prosecutions in the EU. Since 1991, the European Commerce Commission has imposed punitive tariffs on Chinese color TVs of 15.3%, 25.6% in 1995, and 44.6% in 1998. As a result, in 2000, Chinese color TVs were Total exports to the EU dropped to around 30,000 units.
6) Anti-dumping against China is obviously unfair
This unfairness is reflected in many aspects, such as, 1. China’s market economy status is not recognized, but China’s market economy status is not recognized. Conditional market economy treatment will allow China to find alternative countries when determining normal value. 2. Implement a one-country-one-tax policy for China. In addition, there are many unfair practices. For example, when the EU adopted surrogate country measures against China, it did not allow China to view relevant information about surrogate countries in accordance with relevant regulations.
II. Analysis of the reasons for the EU’s anti-dumping against China
The reasons why the EU is so active in anti-dumping against my country are multifaceted and complex, including:
1) Relevant enterprises are not familiar with the "rules of the game" of anti-dumping
my country has not been a member of the World Trade Organization for a long time. Chinese enterprises are not very familiar with the international regulations and international practices related to anti-dumping, let alone It is the relevant anti-dumping legislation of the European Union, so there is a lack of confidence and experience in dealing with EU anti-dumping litigation. EU anti-dumping and related regulations have been formed after years of accumulation. They are professional and strong and are constantly being updated. As a "novice" who has just entered the WTO, China cannot fully master it in a short period of time.
2) The imbalance of China-EU trade development
Since 1978, China-EU trade has increased more than 30 times. The import and export situation with Europe changed from a deficit of US$2,679.02 million in 1987 to a surplus of US$5,799.42 million in 2002.
Moreover, since the euro was issued on January 1, 1999, the euro exchange rate has been strengthening and the RMB has depreciated relative to the euro, which has enhanced the competitiveness of China's exports to the EU. After China joined the WTO, the increase in the euro exchange rate completely offset the decrease in the exchange rate. Therefore, although the tariff rate was reduced, it had little impact on EU products in the Chinese market. China has a comparative advantage in exporting to the EU, so it has naturally become one of the main targets of anti-dumping.
3) The impact of the global anti-dumping boom
From a global perspective, anti-dumping is very popular. This is also an issue that cannot be ignored, because the big environment will affect the small environment. Without an international anti-dumping competition, Chinese products will not be repeatedly subject to anti-dumping by the EU. According to WTO data, the number of global anti-dumping cases filed in the five years from 1980 to 1984 was 703, from 1985 to 1989 it was 699 cases, from 1990 to 1994 it was 1244 cases, from 1995 to 1999 it was 1219 cases, and from 2000 to 2004 it reached 1448 cases. .
4) The imperfection of my country’s relevant anti-dumping laws and regulations
my country did not have its own anti-dumping system before 1997, and lacked countermeasures against foreign anti-dumping measures against China, which made the EU implement Anti-dumping is often done with confidence. However, at present, my country's anti-dumping regulations are abstract, vague, and lack operability. There are no clear provisions on issues such as anti-circumvention and judicial review, and some regulations have not yet been fully integrated with international rules. For example, 1. The period of anti-dumping investigation in my country is relatively long. It is 12 months from the announcement of the investigation to the announcement of the final ruling. In special circumstances, it can be extended to 18 months, which is 2 - longer than the corresponding period in developed countries. 3 times; 2. my country's "Anti-dumping Regulations" do not specify how to compare the normal value of dumping with the export price and what price is applicable. In the determination of damage, what is meant by "domestic identical or similar products" does not Clear; 3. In terms of procedures, the organizational structure is unreasonable, and the responsibilities, execution procedures, behavior definitions, reward and punishment measures, etc. between government departments are vague. This makes the companies being sued suspicious and leaves the EU with nothing to worry about.
(5) The EU implements discriminatory policies towards China
This is mainly reflected in the "substitute country" and "one country, one tax" systems. The root cause is the failure to recognize China's market economy status. Foreign countries, especially the EU, discriminate against China's "non-market economy" and use the surrogate country system to make it emboldened. In addition, the EU also implements a one-country-one-tax system for China. This is all unreasonable. Although the EU recognized that China was not a non-market economy country in 1998, this did not fundamentally change the EU's discriminatory treatment of China's non-market economy status.
3. Research on the EU’s anti-dumping strategies against China
The EU is not only a major partner of China in foreign trade, but it also frequently launches anti-dumping accusations against China. Under such current circumstances, how should our country respond to the EU's anti-dumping accusations against China?
1) Enterprises must actively respond to the EU’s anti-dumping lawsuits.
First of all, active defense is not only a right, but also a legal obligation. Article 18 of the EU Anti-dumping Law stipulates how to deal with "uncooperative companies": If the party involved refuses to accept the investigation, cannot provide the necessary materials on time, or obviously hinders the investigation, the anti-dumping authorities can based on "available information" "make a ruling. In addition, China's Ministry of Foreign Economic Cooperation promulgated the "Regulations on Responding to Anti-dumping Cases of Chinese Export Products Abroad" on April 4, 1994, which provided for the scope, rights and obligations of respondents, as well as incentives for responding to cases. The penalties for failure to implement this provision are clearly stipulated. Secondly, actively responding to litigation is the best way to reduce losses and is also the main form of defense for interested parties. For example, "In the 2003 U.S. anti-dumping case against Chinese color TVs, among the responding companies, the dumping margin of Xohua was 4.35%, Konka was 11.36%, TCL was 22.36%, and Changhong was 24.38%. The weighted average tax rate of other responding companies was The tax rate is 21.49%, while the national unified tax rate for companies that have not responded to the lawsuit is a high anti-dumping tax rate of 78.45%."
2) Give full play to the active role of the government
The Chinese government should focus on establishing cooperation mechanisms with foreign governments, especially the administrative law enforcement departments involved in the investigation of anti-dumping safeguard measures.
For example, the bilateral agreement reached by Australia and New Zealand in 1990 stipulates that anti-dumping measures will no longer be applied to the trade of locally produced goods between the two countries, and competition law will be used to restrict trade behavior. In addition, product export management must be strengthened. The Chinese government should effectively implement the "Regulations on Punishing Low-price Exports for Competition" and severely punish low-price dumping companies. Deepen the reform of the foreign trade system, conduct export management in accordance with the laws of market economy, strengthen macro-control of the quantity of export products, adjust export preferential and incentive policies for enterprises, and strictly control export tax rebates. Customs can be given special powers to supervise possible low-price dumping of color TV sets. In short, the government should play its due role.
3) Use the WTO to strive for more equal treatment
First of all, actively participate in the revision and improvement of the WTO anti-dumping law, promote its healthy development and fair implementation, and curb foreign anti-dumping against our country fierce momentum. Second, use the WTO dispute settlement mechanism to judge foreign discriminatory anti-dumping cases against our country. Because under the dispute settlement mechanism, our country also has the opportunity to state its opinions and protect its legitimate rights and interests. Third, use the WTO international forum to expose the irrationality of the surrogate country system and its discriminatory practices against non-market economy countries, and urge foreign countries to abandon discriminatory anti-dumping policies. Moreover, "In 2001, my country's market economy development level was 69%, exceeding the international critical level of 60%. my country is a developing market economy country, not a so-called "non-market economy country" in some countries. This shows that our country should not Being discriminated against by foreign "non-market economies" again. Now that my country is a member of the World Trade Organization, it should use its membership and the WTO's review mechanism to strive for market economy status.
4) Actively respond to anti-dumping. Utilizing the principle of "public interests"
In the EU's anti-dumping litigation practice, if it can be proved that the adoption of anti-dumping measures is not in the interests of the EU, it can also organize the adoption of anti-dumping measures to collect anti-dumping duties within the EU. It is not enough to simply point out the existence of dumping (export prices are lower than domestic market prices) and the damage caused by dumping. It should also show that taking anti-dumping measures is "in line with the interests of the EU." For example, in 1992, the EU accepted the application of Portuguese manufacturers to conduct rosin imports from China. Anti-dumping investigation. The preliminary ruling found that the dumping margin of Chinese rosin was 17.4%, which caused substantial damage to the EU industry. However, in February 1994, the European Commission announced the termination of the anti-dumping of Chinese rosin on the grounds that the anti-dumping was not in the interests of the EU. Investigation.
5) Establishing special management agencies and special anti-dumping funds
my country does not have a specialized agency to deal with foreign anti-dumping. The country mainly asks the seven major chambers of commerce to respond to the lawsuit. But this is not enough, because it does not have the organizational strength of the government, nor does it have sufficient hardware and software equipment. Therefore, it is necessary to set up a special competent agency, the National Anti-dumping Commission, to organize and assist companies in responding to lawsuits. Furthermore, responding to anti-dumping requires a lot of funds, which is also a major reason why many companies are unwilling to respond to lawsuits. In this regard, we can set up special anti-dumping funds to firstly fund the companies being sued to respond to lawsuits, and secondly to actively respond to lawsuits. Companies that respond to the lawsuit will be rewarded.
6) Pay attention to administrative review
Once various review products are taxed, companies can also overturn the European Commission's original judgment through various reviews. , resume exports to the EU. There are three types of review: new exporter review, temporary review and sunset review. After the final anti-dumping tax is imposed, if the export company can prove that it has not exported any similar products to the EU during the investigation period. If the product has no connection with the taxed enterprise in the original case and has signed an irrevocable export contract with a large quantity, the exporting enterprise can request a new exporter review and strive to be exempted from the final anti-dumping duties. One year after the tax is imposed, if the exporter can provide sufficient evidence to prove that the imposition of anti-dumping duties is no longer necessary, or that the damage will not continue or reoccur after the tax is stopped, the exporter can request an interim review of the final anti-dumping duties. If the EU manufacturer does not. If a sunset review is filed, the final anti-dumping duty will automatically stop after five years of expiration. Exporters do not have to take the initiative to file for sunset review, but after EU manufacturers file for review, companies must actively respond to the lawsuit and strive for a result that is favorable to them.
IV. Conclusion
The EU is my country's very important trading partner. When dealing with trade disputes, the "tit for tat" approach can easily lead to a trade war. Although on the anti-dumping issue against China The EU has many unsatisfactory aspects, and we must also pursue our own interests through reasonable and legal measures. We must resolutely fight back against its anti-dumping measures.
Notes
Wu Jinxi and Yu Yongda. The underlying reasons and countermeasures for frequent foreign anti-dumping against China [J]. "Reform", 2004 (3)
< p>EU annual anti-dumping and countervailing report submitted by the European Commission to the European ParliamentRelevant information from the China Trade Remedy Information Network on the US anti-dumping of color TV sets against China in 2003
Ministry of Commerce "2003 "2019 China Market Economic Development Report"
References
[1] Deng Dexiong. "Comparison should be fair - the European Union's anti-dumping 'zero' approach and the controversy caused" [J]. "International Trade", 2001(5)
[2] Li Shengjing. "Anti-dumping Law and Litigation Agency" [M]. Law Press, 2000
[3] Wang Yungui. "The Curse of Market Restrictions—The Obstacles China's Export Trade Faces after Joining the WTO" [J]. "International Trade", 2001(1)
[4] Yang Shihui. "Comparative Study on Anti-dumping of Foreign Exports to China" [J]. "Statistical Research". 2000(1)
[5] Jiang Xiaohong. European Union Anti-dumping Law and China-EU Trade[M].? Beijing: Social Sciences Literature Press, 2004.
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The following are foreign anti-dumping measures against China The reasons and countermeasures are similar to those of the EU and we can learn from them
The reasons why China’s exports have been repeatedly accused of anti-dumping
The reasons why China’s exports have been repeatedly accused of anti-dumping are multi-faceted, including international There are also domestic ones; there are both objective and subjective ones; there are both the influence of economic factors and the constraints of legal factors. Taken together, the main reasons can be summarized as follows:
1. China's export trade has grown rapidly, causing concern and uneasiness among some trading partners. In 1994, China's export trade jumped to the level of 100 billion U.S. dollars, and in 2000, it jumped to the level of 200 billion U.S. dollars. Throughout the 1990s, the average growth rate of China's export trade reached 14.5%, which was almost twice the growth rate of the world's export trade. In 2001, world trade was in recession, but China's export trade growth rate still reached 6.8%. In 2001, China's total import and export trade reached US$509.7 billion, with export volume of US$266.2 billion and import volume of US$243.6 billion, with a growth rate of 8.2% and a trade surplus of US$22.5 billion.
After China's foreign trade jumped to the top ten in the world in 1997, it jumped to the ninth place in the world in 1999; in 2000, it continued to rise to the seventh place. The rapid growth of China's export trade will inevitably gain a larger share of the world market. On the one hand, it has aroused doubts among countries competing for similar products; on the other hand, it has created more intense competition for similar products in importing countries.
2. Anti-dumping, as a legal weapon allowed by the WTO to protect domestic industries from impact, has been abused by some countries. With the further reduction of tariffs in various countries, it is no longer possible to protect domestic industries with tariff avoidance. Moreover, tariff concessions are bilateral and no party may increase them arbitrarily. However, the implementation of anti-dumping duties is unilateral, and the importing country has discretion. Anti-dumping Taxes are also generally higher than tariffs. Therefore, countries generally use this legal and convenient method to pass on the economic crisis, protect domestic industries, and even expand the market share of their own products to squeeze imported products out of the domestic market.
3. The identification of my country’s national economic nature is discriminatory. In the process of anti-dumping investigations, some countries adopt discriminatory policies and regard China as a "non-market economy country". Therefore, they use the unreasonable "surrogate country price comparison" method to measure whether Chinese products are dumped. Although the recognition of my country's status as a non-market economy country has changed in recent years, it is still subject to strict review.
For example, the European Union passed an anti-dumping amendment in April 1998, recognizing my country's market economy status, but still reviewing the market economy status of Chinese companies on a case-by-case basis. In the amendment, it also proposed five market economy standards for my country. . Another example is that although Australia no longer regards China as a non-market economy country since 1996, it still regards China as a "transitioning market economy country". Its approach is similar to that of the EU, and conditionally applies the treatment of "market economy country" to China. The specific approach is that the "conditional market economy country" treatment only applies to finished products from China and does not apply to semi-finished products.
4. China’s lack of a reasonable foreign trade export structure is an important reason for anti-dumping. From the perspective of the structure of export products, the focus is on labor-intensive textile industry, light industrial products and agricultural and sideline products. However, these products have long been overly competitive in the international market, and the added value of the products is relatively low, resulting in China's export Goods have a bad international image that is inseparable from low prices. From the perspective of market structure, 65% of my country's direct exports and re-exports via Hong Kong target Europe and the United States, and the export market is too concentrated. For example, China's exports of magnesium metal products to the EU were 100 tons in 1993 and reached 11,000 tons in 1996. How could such a huge export growth not provide excuse for the EU's anti-dumping against China?
5. Mistakes in the international marketing strategies of export enterprises. Most Chinese export companies lack in-depth research and overall understanding of the international market, and most of them rely solely on low-price strategies to enter the international market. This is specifically reflected in short-sighted international marketing strategies: export companies are eager to export, and their peers actually lower prices, leaving importing countries It left the impression that Chinese companies were “dumping at low prices”; export companies lacked understanding of the social customs, consumer groups and psychology of the importing country, ignored the technological innovation and subsequent improvements of export products, and could only sell them at low prices; export companies failed to Grasp the conditions of the international market and importing countries and promptly adjust the prices and quantities of export commodities, causing a large influx of certain commodities into the importing countries and increasing the probability of anti-dumping against China.
6. An enterprise’s failure to respond or respond poorly often makes it easy for the other party to win. In anti-dumping cases against China, there are often situations where no one responds, resulting in the other party winning without a fight. In addition to the "unified tax rate" that reduces the enthusiasm of enterprises to respond to lawsuits, the key problem is the lack of awareness of enterprises in responding to anti-dumping lawsuits. However, problems such as insufficient funds for responding to lawsuits and a lack of anti-dumping professionals have also led to companies' inability to respond to lawsuits, and the result is still failure. And the more this happens, the more it will intensify abroad. For example, in 1988 and 1992, the EU twice accepted anti-dumping cases against Chinese color TV sets. Due to the passive non-resistance attitude of Chinese companies, Chinese color TV sets were basically driven out of the EU market.
7. China’s foreign trade relations and environment are not easy to contain foreign anti-dumping against China. At present, there are still many unilateral exchanges in China's international trade relations, so foreign countries have less concerns when conducting anti-dumping against China. In addition, China's own anti-dumping law was promulgated late and its implementation is not strong enough, so foreign anti-dumping against China is even more serious. Be confident. At the same time, China has not yet joined the International Anti-dumping Code, which puts China at an extremely disadvantageous position in multilateral negotiations and legal proceedings on anti-dumping cases.
8. There is a lack of macro-control over foreign-invested enterprises. During the approval process for enterprises to introduce foreign investment, production projects that ignore the direction of foreign investment are introduced into our country: the products of some foreign-invested enterprises are produced in my country in order to evade their rules of origin and obtain my country's certificate of origin, thus taking advantage of my country's A large number of quotas are exported abroad: some foreign-invested project products have been subject to anti-dumping abroad, and foreign investors have invested in my country to avoid anti-dumping duties. The export of their products is extremely vulnerable to anti-dumping; some production projects have been repeatedly introduced, causing the products to reach saturation. It had to be sold in large quantities at low prices, which triggered foreign anti-dumping.
3. my country’s countermeasures against foreign anti-dumping
Although China has joined the WTO, theoretically speaking, China should no longer be regarded as a non-market economy country. However, foreign anti-dumping exports against Chinese companies will not stop there. On the issue of anti-dumping on China's exports, we still have a long way to go. In order to minimize the adverse impact of foreign anti-dumping on my country's foreign trade and even economic development, our country must adopt the following corresponding countermeasures:
1. Export enterprises must control the price level of export products. The standard is to keep the export price of Chinese products close to the price level of export products from other competing countries, especially the price level of competitive products in the exporting country.
For some products that are supplied centrally, there are not many domestic manufacturers, such as large complete sets of equipment or similar products. Industry associations or chambers of commerce should come forward to implement price coordination. There should be no more civil wars, and we must be consistent with the outside world. We must not only protect the interests of our own enterprises, but also And we must protect the interests of domestic enterprises.
2. Establish an early warning mechanism for anti-dumping investigations. Utilize the strength of the existing foreign economic and commercial offices to track local market conditions, especially to closely monitor the market and price conditions of my country's bulk export products, regularly provide research reports to the country based on full investigation and understanding, and provide timely feedback on the trends of foreign anti-dumping policies To domestic enterprises and chambers of commerce, domestic enterprises and chambers of commerce can obtain information as early as possible on which commodities may be subject to anti-dumping cases, and form a relatively complete anti-dumping early warning mechanism. In the future, this work should be accelerated to benefit as many companies as possible.
3. It is necessary to control the growth rate of the number of export products. It is important to avoid a large or doubled increase in a certain product in a short period of time, regardless of the market capacity of the importing country and the production and operation status of related industries in the importing country. Looking at the anti-dumping cases that have occurred abroad in the past, many cases were related to the low export volume of Chinese products and the excessive export volume. Therefore, export enterprises can strengthen self-discipline and develop fair and orderly export trade to avoid foreign anti-dumping cases to a large extent.
4. Increase the anti-dumping response rate. In past anti-dumping cases against China, the reasons for the low response rate of Chinese companies are complicated, but the main factors are fear of "foreign lawsuits" or hope that others will respond to the lawsuit, and the idea of ????free riding on one's own. After joining the WTO, domestic enterprises should change their old mentality. In the specific response to the lawsuit, in addition to hiring lawyers who are proficient in WTO rules, international law and international trade knowledge to defend, the key is to do a good job in producing evidence, and provide information on the situation of the company being sued, the domestic market, sales in the country of prosecution, production costs, etc. Complete the questionnaire under the guidance of a lawyer. This also depends on the construction of domestic anti-dumping lawyers and professional teams, and the early establishment of domestic anti-dumping funds.
5. Actively play the unique role of chambers of commerce and industry associations. Chambers of commerce and industry associations serve as bridges and links between the government and export companies, and play an irreplaceable standardizing and coordinating role for the government and companies in anti-dumping investigations: by regulating the behavior of companies in the industry, the number of failed cases can be reduced as much as possible. occurrence; by organizing enterprises involved in the industry to respond to lawsuits, the occurrence of failed cases can be reduced as much as possible. In order to make guidance, help and coordination more effective, relevant government departments, chambers of commerce and industry associations can be given certain rights.
6. Modify the current anti-dumping laws. my country’s Anti-dumping and Countervailing Regulations need to be continuously improved and aligned with international anti-dumping laws. First of all, my country's "Anti-dumping and Countervailing Regulations" have added new content such as cumulative assessment. However, there are still further clear provisions on what is an industry to avoid, what behaviors are avoidance behaviors, and how to identify changes in the form of imported dumped products. Improve its operability and prevent some foreign companies from taking advantage of my country's imperfect anti-dumping measures to conduct dumping in our territory. Secondly, the anti-dumping investigation period should be shortened. Our country stipulates that the period from the date of announcement of the decision to initiate an investigation to the date of announcement of the final ruling is 12 months, and can be extended to 18 months under special circumstances. This is different from the legislation of some countries or regions. The investigation period for a case filed by the European Commission ends within 6-8 months, and the longest period shall not exceed 1 year. If the investigation time is relatively short, it can be ruled that dumping is more likely to exist, and the dumpers' behavior of circumventing the law can be controlled. Thirdly, my country’s anti-dumping authorities are complex, involving the Ministry of Foreign Trade and Economic Cooperation, the State Economic Commission and the General Administration of Customs. The Ministry of Foreign Trade and Economic Cooperation and the General Administration of Customs conduct investigations on dumping and dumping margins, and the State Economic and Trade Commission conducts damage investigations with relevant ministries and commissions of the State Council. This method causes a waste of resources, increases the difficulty of coordination, and reduces efficiency. It is best to have one agency fully responsible for the investigation of dumping and damage. Simple management makes the anti-dumping litigation process faster and makes it more effective for companies to use anti-dumping procedures to protect their own interests.
7. Enhance the concept of international marketing and implement the export diversification strategy. In the context of increasingly fierce international competition, export companies should transform their existing competitive strategies and strategies as soon as possible, changing "win with integrity" to "win with quality." Learn to use various non-price competition methods such as trademarks, packaging, public relations, and advertising to work hard on the technical content of exported goods and exchange rate creation, expand the export of high-tech and high value-added products, and strive to take advantage of the dual advantages of quality and price Capture the market.
8. Transferring origin through overseas investment.
In economically developed coastal areas, the production of some products has lost or is losing its comparative advantage and can be transferred to inland production or foreign production. If the market for this product is mainly abroad, priority should be given to moving production abroad. By changing the origin, we can avoid the anti-dumping gaze of the importing country, or transfer production to the importing country and sell it locally, bypassing trade barriers. This is a measure often taken to deal with trade protectionism.
9. Enterprises should strengthen financial management and improve and standardize accounting information. In an anti-dumping investigation, enterprises must provide complete and standardized accounting information to determine the normal value. Otherwise, the export price of similar goods from a third country selected by the importing country's government will be used as a substitute price to determine the normal value, and the substitution price selected by the importing country will be used to determine the normal value. The price will definitely be unfavorable to the complainant. Therefore, enterprises should strengthen their accounting work to ensure that their accounting information complies with international rules and provide relevant accounting information that is complete and compliant with regulations during anti-dumping investigations in importing countries. Some responding companies in my country have lost anti-dumping lawsuits, partly because they were unable to provide accounting information on the production of goods.
10. Use WTO rules to resolve unfair treatment in foreign anti-dumping cases against China. (1) Use your status as a member of the WTO Anti-dumping Committee to put forward your own opinions on the implementation of anti-dumping laws by other members. (2) As a third party, when participating in the dispute settlement process between two other members, submit your own legal opinions and statements to the WTO working group. (3) Work with other developing countries to strive for WTO members to give developing countries more protection when taking anti-dumping measures.
One of the biggest benefits of my country's joining the WTO is to use the rights of WTO members to protect the export of our products. Therefore, China's industry should work closely with the government to make a correct assessment of foreign anti-dumping measures to ensure that China's rights under the WTO anti-dumping agreement are truly protected.