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咖喱小周

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有难度 大哥

290 评论

必须匿名

其实在网上搜索欧盟对华鞋类贸易反倾销,可以看到很多相关的内容欧盟对华反倾销原因与对策分析中国鞋类企业结成联盟集体抗辩欧盟反倾销倾销与反倾销法律与实务手册里边都有相关的~~改一改编一编~~祝楼主好运!

317 评论

天道酬勤1212

On China's foreign Pinzao discriminatory anti-dumping and the reasons for a policy response Source: Chinese papers Download Center [08-01-05 16:07:00] Author: Unknown Editor: studa20 Third, China's foreign岐视Pinzao of the reasons for the anti-dumping 1. Abroad with serious discriminatory and anti-dumping policy led to the increase in anti-dumping cases For a long time, foreign products on China's anti-dumping investigations, are used "alternative" method of calculating dumping margins, this method often leads to dumping of products in China has not been convicted of high rate of dumping. In China's market economy has made substantial achievements in the building today, most countries are still ignoring China's economic structure changes, or I will continue as non-market economy countries, or through legislation in China as a "market economy countries in transition", while provisions Stringent standards, in a specific case, only China's enterprises to meet these standards before they can abolish the "alternative" methods of use, and in most cases, these standards are too harsh, not scientific, China's enterprises can not A "market economy status", the results based on "alternative" methods have been levied high anti-dumping duties. Such discriminatory anti-dumping policies and practices not only because of the large number of products and revenue from the local market, the more serious the impact lies in its objective to encourage the import of the local industry through anti-dumping measures continue to suppress our products, resulting in no less than the highest number of cases. China's exports to the United States in canned mushrooms in the dumping case, the . Department of Commerce to Indonesia as a substitute country, Indonesia is one of the reasons for the level of economic development and China's close. This reason from the general sense, there seems to be some truth (in fact, according to World Bank statistics, Indonesia's per capita was higher than the output value of China more than doubled), but the two countries, the production situation is different. Chinese-made mushroom lies in the north temperate, mushrooms can be natural growth, lower production costs, while Indonesia is located in the tropics, mushroom cultivation to be large-scale use of air-conditioning costs will certainly much higher. As a prerequisite, Indonesia's canned mushrooms prices and China's export prices compared, it is easy to come to China's exports of canned mushrooms constitute a Conclusion of dumping. Therefore, the Western countries in the choice of alternative country, despite the considerable level of economic development in accordance with the principles, but "non-market economy country" and substitute country of similar product prices also affected by many factors, including comparative advantage, industrial-scale factors such as the impact of . Therefore calculated the price is often a serious alternative country from the "non-market economy countries" constitute a price of the actual situation. So in essence, to replace the uncertainty of the price the basis for normal value, which in itself is discriminatory. Anti-dumping trade protectionism is the simple packaging, so that it looks like a different things. And anti-dumping is not to fair competition, its purpose is to allow unfair competition, with serious discriminatory. non-tariff measures to curb the use of anti-dumping to a more prominent role After the establishment of the WTO, the traditional trade protection practices, such as quotas, licenses and other non-tariff measures have been subject to strict constraints. Under such circumstances, as permitted by the WTO to protect the domestic industry's anti-dumping measures will substantially improve the frequency of use. Anti-dumping has become WTO members to protect their own industries, and resist unfair competition acts of the most important means. Only a few Western countries over the past domestic anti-dumping legislation, but now have universal anti-dumping legislation, globalization. Therefore countries have in recent years to anti-dumping law as a weapon to resist unfair trade, protect the domestic industry market. What is more, sometimes to the extent of the abuse, anti-dumping into a tool for trade protection. 3. China's economic development and enhance the competitiveness of exports, lead to anti-dumping with a certain inevitability Since reform and opening up, China's sustained rapid economic development, foreign trade exports have doubled and redoubled. China's products continue to enter the world market with the inevitable result of the importing country are similar to those industries fierce competition. Since our products have the advantage of labor and raw materials, often in competition at the obvious advantage, therefore operate the worsening situation in the local industry filed anti-dumping applications have the hope that through such means will our products out of their markets. It can be predicted, as China's economy continues to develop, more and more industries will have a competition with foreign conflict, which would lead to an objective view on China's anti-dumping cases in a long time, maintain a relatively high number. 4. China's industries and enterprises of their own problems China's current economic structure is still irrational, the development of the industry lack of long-term planning, pay attention to the immediate interests. A large number of enterprises decentralized management, coupled with industry management and coordination of efforts not enough, not enough standardized export management, leading to the occurrence of anti-dumping cases. For example, apple juice exports in the effectiveness of good few years ago, all localities have set up factories, the results because of large exports to foreign markets quickly saturated, the last in the United States anti-dumping cases. Meanwhile China's foreign export markets for concentrated, the largest export volume in a particular area and a sharp increase in the local market will also have an impact, and become the target of anti-dumping. China's magnesium products such as metal exports to the EU in 1993, less than 100 tons in 1996 as high as 11,000 tons, so the huge volume of exports growth, it's no wonder their implementation of EU anti-dumping [6]. 5. Enterprises do not respond to the respondent or poor tend to make the other side easily won the In China's anti-dumping case, about 50 percent of the cases without the respondent companies, with the result that the other party does not win war. Not responding to the consequences of default would mean foreign allegations. In addition to the "unified tax" to reduce the enthusiasm of enterprises involved in the case, the respondent enterprises lack awareness of the problem is the key. Some of our products to foreign anti-dumping, we could have been actively involved in the case and might have won, but some enterprises are unwilling to fight such a lawsuit, it can only listen to what other people say is what a long time, people felt that Chinese enterprises. " Bully, "at every turn on our export products to initiate anti-dumping allegations. In addition, domestic enterprises responding to lack of funds, anti-dumping issues such as lack of serious professionals is also involved in the case led to adverse business, the results are still the reasons for the failure. Fourth, discriminatory anti-dumping deal with the recommendations and strategies Anti-dumping some developed countries have increasingly become the preferred trade measures, the international trade in legitimate trade protection measures, so we export products, should be based on our past experiences and lessons, take corresponding countermeasures. Mainly the following aspects should proceed: 1. Realization of the export market diversification and "going out" strategy, China's export products to improve the international image, which is effective to avoid anti-dumping abroad China's preconditions. In the "quality win" approach to guide export enterprises to improve the technological content of export products and value-added, easy to vigorously develop the international market, with high technical content in the products, thus increasing the prices of export products and establish a good image of the product; implementation "Going out" strategy, can also enable Chinese enterprises effectively circumvent anti-dumping. Go abroad to invest to build production base with a brand as the core and change the product origin, the use of foreign origin of products, access to productive country's national treatment. For example, China to Mexico to build production plants, products, "accounts" in Mexico. According to rules of origin, "Made in China" products with Mexico the same products, but also free exports to Mexico reached a free trade HS That the 34 countries and regions. [7] 2. The Government should establish a sound mechanism for responding to anti-dumping and increase the intensity of the negotiations, to provide an enabling enterprises responding to the support and help. This needs to do the following: (1) to establish an anti-dumping coordination mechanisms, and closely cooperate with the same external; employ experienced and influential Chinese and foreign defence lawyers appear in court (2) to establish an anti-dumping deal with the Fund to alleviate enterprises in responding to the shortage of financial resources Difficulties; Foreign Trade and Economic Cooperation can also be the central anti-dumping initiative in the use of special funds properly delegated to the relevant chambers of commerce, so have the right to take the initiative to respond to reasonable funds, received in an anti-dumping investigation, immediately hiring lawyers to inform all relevant enterprises , Prepared materials, timely reply, the first investor to ask enterprises to change after the reply, responding enthusiastically to its (3) take effective measures to train a number of proficient in the international anti-dumping laws dealing with the professional personnel, responding to anti-dumping The success of human resources to provide strong support. 3. The establishment and improvement of trade associations. Anti-dumping respondent is a business rather than a government, but the anti-dumping is a country of all enterprises, thus anti-dumping is not a matter of individual enterprises. Since anti-dumping cases are complex, just their own power to win, so in dealing with foreign anti-dumping, a major industry in a joint enterprise with one or two enterprises单打独斗compared to the more efficient, so We should attach importance to trade associations and other organizations of the building. According to the Ministry of Economy and Trade, the National Bureau of Statistics jointly released the "relevant trade associations on the award of anti-dumping, countervailing and safeguard measures relating to the functions and work of the commission on notice", anti-dumping trade association with the corresponding functions, the main functions are: to mobilize enterprises involved To participate in the respondent; organization of the respondent; charge of the industry domestic exports of coordination and maintaining export order to participate in the industry and other industrial damage investigation. In responding to external play its due role to safeguard the legitimate rights and interests of enterprises. 4. Intensify outreach China's market economic system, and resolutely opposed to foreign countries on China's discriminatory anti-dumping and the Government is the common responsibility of enterprises. China adopted the market economy for many years, and is written into the Constitution and the Foreign Trade Law, but there are still countries, as China's "non-market economy country" and the implementation of discriminatory anti-dumping, so that China's economic loss. Although China's WTO accession talks to allow WTO members in China's accession to the WTO after 15 years can still be used "alternative" approach, provided that China's enterprises can not clearly prove that he is under the market economy operates. [8] if we can prove that he or she should use China's enterprises or their own domestic production costs of the sales price. China since January 1, 2002 from the implementation of the "anti-dumping regulations," the distinct enough to show that China's attitude: never allow foreign dumping products in China, more Chinese products are not allowed to go abroad dumping. To this end both the enterprise or the Government must continue to strengthen outreach efforts, let the world understand China more real. In addition China's need to accelerate the pace of improving the market economy, according to the actual all-round increase the degree of marketization, to gradually realize the full market economy in transition, may soon become a world recognized market economy country, and discrimination against foreign trade. 5. To establish a flexible changeable business strategy to enhance the competitiveness of enterprises, anti-anti-dumping was an effective way. As international competition intensifies and factor market gradually standardized, and rely on low-cost Jingxiao has not feasible. All signs show that China's opening up process will not and can not be stagnant, especially in China's accession to the WTO, market access and market opening to become a reality under the circumstances, Chinese enterprises will face even more severe test, first of all to control the good export products Price level, in particular, close to the importing country's products competitive price level. To control the number of good product growth rate, and guard against a large number of products in the near future or have increased, regardless of the importing country market capacity and importing countries related industries production and operation status. Therefore, export enterprises should strengthen self-discipline, the development of fair and orderly export trade, the price on the business strategy changed only a single price competition strategy for the integrated and flexible non-price competition strategy can be really effective and lasting competitiveness. Government to establish the necessary punishment system to protect the normalization of the order of foreign trade exports. 6. Responding or not responding to weak corporate enterprises since breaking way out is the practice of enterprises involved in the case is the courage to deal with anti-dumping issue is the key. Upon receipt of anti-dumping investigation into the notice, if not the respondent companies, on the other side of the right to use "best available information", which is often the prosecution was very negative data. Government and the relevant authorities through the establishment of an effective incentive mechanism and a restraint mechanism, responding to reverse the negative situation. 1999 Foreign Trade and Economic Cooperation to develop a manifestation of "Who responding to benefit" the principle of the specific provisions are in place and increase the intensity of rewards and punishments. Active enterprises involved in the export licensing and customs and so on at trial to give subsidies and Zhong Jiang, mobilize the enthusiasm of enterprises involved in the case. The respondent ineffective, large is willing to pay the price even use other people's hard work to win the anti-dumping "no harm" results in favour of continuing to engage in the conduct of low-cost Jingxiao severely punished, or even abolish the right to operate its production, foreign trade rights. China's anti-dumping nearly a decade in favour of the respondent's absolute rate of , that is, no tax and no damages were closed. Therefore, China's enterprises face anti-dumping proceedings must respond quickly, we need to be involved in the case effective. Once the anti-dumping case started, the enterprises should strive to obtain adequate information, fully ready to respond to material, to win. Therefore the Government should encourage the respondent, both rewards and punishments, for the respondent companies to give incentives to increase their export quotas to encourage enterprises to respond to the courage and fight, not afraid of power, defend their legitimate rights and interests. This could be a result of anti-dumping and the damage control in a certain range, and safeguarding the interests of the state and enterprises, and anti-dumping rate should be negative situation will be greatly improved.我给楼上的翻译..

194 评论

吃货如影随形

【题 名】浅议鞋类出口现状及对策【作 者】刘会凌【刊 名】中国皮革.2007,36(14).-44-45【题 名】基于网络营销的中国鞋出口战略研究【作 者】张萍【刊 名】工业技术经济.2007,26(12).-37-40【题 名】出口退税——外销制鞋企业面临的双刃剑【作 者】曹慧 姜楠【刊 名】中国皮革.2007,36(18).-26-30【题 名】出口鞋类产品中检出禁用偶氮染料的风险分析【作 者】郭仁宏 陆瑞强【刊 名】中国皮革.2007,36(12).-186-189【题 名】减少欧盟对“中国鞋”出口限制的新思路--以“合作”求“双赢”【作 者】陈欣 孙磊【刊 名】经济问题探索.2007(5).-67-69【题 名】出口鞋类产品安全、卫生及性能项目抽查结果的分析与思考【作 者】柯家骥 闵宝乾【刊 名】中国皮革.2003,32(6).-110-111【题 名】从拉斯维加斯鞋展看中国鞋对美国市场的出口【作 者】李建业【刊 名】中国皮革.2001,30(2).-18-20【题 名】路在脚下——浅析我国鞋类出口之现状及其发展【作 者】林翰【刊 名】中国皮革.1999,28(16).-4-7【题 名】对我国鞋类外贸出口现状和增长的探讨【作 者】刘志高【刊 名】国际贸易问题.1997(12).-21-26【题 名】我国鞋类出口的现状与发展对策【作 者】刘鸿明【刊 名】国际贸易.1995(8).-43-44

127 评论

egyptshizhe

Elder-brother Spring is a pure yemer, real man with ironblood. He's people's good brother and father's best 's steel industry was the largest anti-dumping investigations industry. Minmetals Import and Export Chamber of Commerce statistics, last year, China's steel anti-dumping involving a total of 15 cases, involving billion yuan, iron and steel industry and color, clothing, footwear, like anti-dumping investigations, one of the key industries. Prior to this, our country there is a lot of steel products export tax rebates, some countries believe that China steel product of government subsidies, in the international market, China's large market share of steel products, export prices low and the dumping of steel products in China suspected heard. The first half of 2008, involving China's iron and steel industry, a new anti-dumping investigation all-time high, which has a new investigation of 9 cases with final decisions have been made to 7, the anti-dumping cases last year than the total number of more , the European Union, the United States, Canada, Mexico, Indonesia and other countries have taken place in China's iron and steel products for the anti-dumping cases. Taking a panoramic view of the iron and steel industry products, and more anti-dumping cases, the existence of the following three salient features, the following key to the Canadian oil and gas to China seamless pipe brief analysis of anti-dumping as an example: 1. The existence of anti-dumping cases that the problem of non-uniform standards. Standard anti-dumping cases that the crux of the problem is the fact of dumping and dumping margin found, for dumping the fact that the WTO is by comparing the export price and normal price found that the export price is lower than the normal price dumping, "normal price" is The fact that the existence of dumping of the decisive factors, but the "normal price" of that caliber because of the different statistics, the results are very different. WTO rules, the normal price is often used to describe conditions in the general trade export of similar products in domestic comparable sales prices, such as the product of the domestic prices under control, often to third-country export prices of similar products to confirm the normal price. As part of the US-led Western countries not to recognize China's market economy status, the fact that the dumping and the dumping margin found on third-party countries often need to export prices, while the third-party countries to the fact that the dumping, how to determine the normal price There are also the standard problem of non-uniform. Such as: Canada Border Trade Department (CBSA) on February 7, 2008 China's exports to Canada of seamless oil casing anti-dumping, countervailing case the final decision to determine China's Tianjin Pipe Group Co., Ltd. and other enterprises involved in the case of six dumping margin of 37% ~ 45%; subsidy of 2% to 7%, other non-respondent enterprises dumping margin was 91%; subsidies for 38 percent; China's steel association that the CBSA in the absence of data to support a third country, to use in February 2008 magazine published a K55, N80 price of normal price, project L80, P110 casing of high-grade steel prices, as a basis for unilateral presumed the existence of dumping and dumping margin calculation is not right. 2. Anti-dumping and countervailing cases together, the specific implementation of double taxation. Statistics show that took place in 2008 involving the 9 iron and steel industry in anti-dumping investigations, 5 the issue of anti-subsidy cases involving anti-dumping and countervailing cases have been closely together. International Iron and Steel of China's iron and steel industry to accept the challenge of government subsidies. January 8, the League of the United States research group released a report that a large number of government energy subsidies in China become the world's largest producer and exporter of steel. Reported that in 2007, the Chinese steel industry is about billion . dollars of subsidies since 2000, an increase of 3800%. In addition, the CBSA in the casing of our seamless final anti-dumping identified Tianjin Pipe Group Co., Ltd. China, such as the existence of six enterprises involved in the case of 2% ~ 7% subsidy acts. In the specific implementation of anti-dumping measures, the widespread dumping of international double taxation and subsidies. In today's world trade, anti-dumping anti-subsidy has become the main means of trade, therefore, for most countries to protect their own industry in violation of WTO provisions, the standard of double taxation. Such as: in the above-mentioned case, in Canada on a double standard there is the issue of double taxation, CBSA to determine China's Tianjin Pipe Group Co., Ltd. and other enterprises involved in the case of six-dumping rate of 37% ~ 45%; subsidy of 2% ~ 7 %, and other enterprises involved in the case of non-dumping margin was 91%; 38 percent subsidy. This should cause our government departments and relevant enterprises attach great importance to timely respond to the development of programs, organizations related enterprises to actively appeal and, when necessary, can be brought to WTO Dispute Settlement Body arbitration. 3. Anti-dumping cases is a complicated one, both sides involved in the case of information asymmetry, and lasted for a long time, huge amounts of money involved, covering a wide range of individual enterprises is difficult to take countermeasures, the need for government services, trade associations, guidance, steel enterprises to take measures jointly. The existing framework of WTO, only governments, anti-dumping measures can be taken. Therefore, a country's trade or industry to pass the Government to initiate anti-dumping procedures. Usually a country's products if it finds that the existence of dumping practices, would be adopted by the Government to start anti-dumping investigations. If the export product under investigation to investigate a member of a member of dissatisfaction with the actions taken to bring the matter before the WTO can be resolved at this time, exporters must pass the national government would be able to take such action. In addition, the United States, the EU anti-dumping investigation procedures usually last for one year to 15 months, lasted for a long time, and the anti-dumping often involves a number of industry enterprises, the amount of up to several hundred million dollars. Since 2008, China's steel industry experienced a number of anti-dumping investigations, of which, the United States, European Union, Canada, represented by the western countries on China's steel exports a wide range of anti-dumping investigations launched to reduce the domestic steel exports to China has caused great economic losses. While in the "General Agreement on Tariffs and" the issue of anti-dumping made it clear that countries in their own way but still the anti-dumping as a trade war with one of the main instruments of trade protectionism as the rise in the world, iron and steel anti-dumping cases have become worse.钢铁行业是我国被反倾销调查最多的行业。五矿进出口商会统计,去年,我国涉及钢材的反倾销案件共15起,涉案金额亿元,钢铁行业与彩电、服装、鞋业一样是反倾销调查的重点行业之一。此前,我国很多钢材产品存在着出口退税,部分国家认为中国钢材产品存在政府补贴,在国际市场上,我国钢材产品市场占有率高,出口价格低,对中国钢铁产品低价倾销的怀疑不绝于耳。2008年上半年,涉及我国钢铁业的反倾销调查再创新历史新高,其中已经新立案调查的有9起,加上已经做出终裁决定的7起,反倾销案件比去年一年的总数量还多,欧盟、美国、加拿大、墨西哥、印尼等多个国家都发生了针对中国钢铁产品的反倾销事件。纵观钢铁业产品的多起反倾销案件,存在以下三个突出特点,下面重点以加拿大对中国无缝油气管反倾销为例简要剖析:1.反倾销案件存在认定标准不统一的问题。反倾销案件认定标准问题的关键是倾销事实和倾销幅度的认定,对于倾销事实的认定世贸组织规定是通过对比出口价格与正常价格来认定,出口价格低于正常价格就是倾销,“正常价格”是认定倾销事实是否存在的起决定性因素,但“正常价格”的认定因为统计口径不同,结果有很大差异。世贸组织规定,正常价格通常是指在一般贸易条件下出口国国内同类产品的可比销售价格,如该产品的国内价格受到控制,往往以第三国同类产品出口价格来确认正常价格。由于以美国为首的部分西方国家不承认中国的市场经济地位,在倾销事实和倾销幅度的认定上,常需要第三方国出口价格,而以那个第三方国家来认定倾销事实,如何确定正常价格上也存在标准不统一的问题。如:加拿大边境贸易服务署(CBSA)于2008年2月7日对中国出口到加拿大的无缝石油套管反倾销、反补贴案最终裁决,判定中国天津钢管集团股份有限公司等六家应诉企业倾销幅度为37%~45%;补贴为2%~7%,其他非应诉企业倾销幅度为91%;补贴为38%;中国钢管协会认为CBSA在没有第三国数据支持,引用2008年2月某一杂志刊载的K55、N80的价格计算正常价格,推算L80、P110等高钢级套管的价格,单方面以此为依据推定存在倾销和计算倾销幅度是不妥当的。2.反倾销案件与反补贴案件结合在一起,具体执行过程中存在双重征税的问题。统计显示,在2008年发生的9起涉及钢铁行业反倾销调查中,有5起涉及反补贴问题,反倾销案件已经和反补贴密切结合在一起。国际钢铁业存在对中国钢铁接受政府补贴的质疑。1月8日,美国制造联盟调查研究小组发布的一份报告称,大量的政府能源补贴使中国成为世界上最大的钢材生产和出口国。报告称,2007年,中国钢铁业补贴约为157亿美元,自2000年以来增长了3800%。此外,在CBSA在对我国无缝石油套管反倾销终裁中认定中国天津钢管集团股份有限公司等六家应诉企业的存在2%~7%补贴行为。在反倾销措施具体实施过程中,国际上广泛存在倾销和补贴双重计算征税。当今世界贸易中,反倾销反补贴已经成为贸易战的主要手段之一,因此,为保护本国产业多数国家违反WTO的规定,采取双重计算标准征税。如:在上述案件中,加拿大就存在着双重计算标准双重征税的问题,CBSA判定中国天津钢管集团股份有限公司等六家应诉企业倾销幅度为37%~45%;补贴为2%~7%,其他非应诉企业倾销幅度为91%;补贴为38%。此举应引起我国政府有关部门及相关企业的高度重视,及时制定应对方案,组织相关企业积极上诉,必要时,可以提交WTO争端解决机构仲裁解决。3.反倾销案件程序复杂,涉案双方信息不对称,且持续时间长,涉案金额巨大、涉及面广,单个企业很难采取对策,需要政府服务、行业协会指导、钢企联合采取措施。现行世贸组织框架中,只有政府,才能采取反倾销措施。因此,一国的贸易商或产业界必须通过政府来启动反倾销程序。通常一国要是认定它国产品存在倾销行为,会通过政府启动反倾销调查。若出口产品受到调查的成员不满展开调查的成员所采取的行动,可以将问题提交世贸组织解决,此时,出口商必须通过本国政府才能采取这样的行动。此外,美国、欧盟的反倾销调查程序通常持续一年至15个月,持续时间长,且反倾销常涉及行业内多个企业,金额高达数亿元。2008年以来,我国钢铁业遭遇了多起反倾销调查,其中,美国、欧盟、加拿大为代表的西方国家对我国出口的多种钢材展开了反倾销调查,缩减了国内钢材的出口,给我国造成了巨大的经济损失。虽然在《关税及贸易总协定》中对反倾销问题做了明确规定,但实际上各国各行其是,仍把反倾销做为贸易战的主要手段之一,随着贸易保护主义在世界范围内的抬头,钢铁反倾销案有愈演愈烈之势。

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