谁能帮我找一篇关于国内外企业反倾销的英文文章,注意是英文的!!谢谢咯!
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时间:2023-10-13 22:26
Dumping - Anti-Dumping
(chinadaily.com.cn)
Updated: 2006-10-09 14:58
If a company exports a proct at a price (export price) lower than the price it normally charges on its own home market (normal value), it is said to be 'mping' the proct.
Dumping can harm the domestic instry by recing its sales volume and market shares, as well as its sales prices. This in turn can result in decline in profitability, job losses and, in the worst case, in the domestic instry going out of business.
Often, mping is mistaken and simplified to mean cheap or low priced imports. However, it is a misunderstanding of the term. On the other hand, mping, in its legal sense, means export of goods by a country to another country at a price lower than its normal value. Thus, mping implies low priced imports only in the relative sense (relative to the normal value), and not in absolute sense.
Anti mping is a measure to rectify the situation arising out of the mping of goods and its trade distortive effect. Thus, the purpose of anti mping ty is to rectify the trade distortive effect of mping and re-establish fair trade. The use of anti mping measure as an instrument of fair competition is permitted by the WTO. In fact, anti mping is an instrument for ensuring fair trade and is not a measure of protection for the domestic instry. It provides relief to the domestic instry against the injury caused by mping.
Anti mping measures do not provide protection per se to the domestic instry. It only serves the purpose of providing remedy to the domestic instry against the injury caused by the unfair trade practice of mping.
What is anti-The anti-mping ty is the provisional additional ty levied by the importing countries on the imported procts which are identified as exporting mping and bring about damage to the relevant domestic instries in order to boycott the mping of the exporting countries and protect the domestic instries.
Dumping refers to that the imported procts come into Chinese market at an export price lower than their normal value in normal trade.
According to the Regulations of the People's Republic of China on Antimping promulgated by the State Council on November 26, 2001 and effective as of January 1, 2002, any natural person, legal entity or relevant organization of domestic instry or representing domestic instry may apply to the MOFI'EC by law for anti-mping investigation. Based on the results of the investigation, the MOFFEC and the State Economic and Trade Commission may make primary judgement respectively on mping, damage and the tenability of causality of them.
Where the primary judgement confinus that the mping is tenable and the mping brings damages to the domestic instry, the provisional antimping measures including levying interim anti-mping ty may be taken.
The level of the interim anti-mping ty should be matching with the mping level primarily verified true.
The levying of the interim anti-mping ty shall be suggested by MOFTEC, determined by the Tariff and Classification Committee of the State Council and then announced by MOFTEC. The Customs shall execute it from the date of its announcement.
The time period of the provisional anti-mping measures shall be norreally 4 months starting from the date of decision announcement. In case of special circumstances, the time period may be prolonged to 9 months.
Within 60 days after the announcement of the anti-mping investigation, no provisional anti-mping measures should be taken.
During the antimping investigation, the exporters mping the imported procts may promise to the MOFFEC of price change or stopping exportation at mping price.
Where the MOFFEC believes that the price promise of the exporters may be acceptable, it may suspend or terminate the anti-mping investigation and will not take the provisional anti-mping measures or levy anti- mping ty after discussion with the State Economic and Trade Commission.
Where the exporters break their price promise, the MOFFEC may, after discussion with the State Economic and Trade Connnission, immediately resmne the anti-mping investigation. Based on the best information available, the MOFTEC may decide to take the anti-mping measures and may retroactively pursue the anti-mping ty on the procts imported within 90 days prior to the taking of the provisional anti-mping measure, except for the procts imported before breaking the price promise.
Where the decision of the primary judgement justifies the mping,damage and tenabihty of causality of them, the MOFFEC and the State Economic and Trade Commission should continue the investigation on the mping and its level, damage and the level of the damage and make the final decision of judgement on basis of the results of the investigation.
Where the final decision of judgement justifies that the mping is tenable and that it damages the domestic instry, anti-mping ty may be levied.
The levying of the anti-mping ty shall be suggested by MOFTEC,determined by the Tariff and Classification Committee of the State Council upon the suggestion of MOFTEC and then announced by MOFTEC. The Customs shall execute it from the date as announced.
The anti-mping ty is applicable to the procts imported after the date of the announcement of the final decision of judgement except otherwise Med.
The payers of the anti-mping ty shall be the importing businessmen of the mping procts.
The anti-mping ty should be determined in line with the mping level of the exporters. In case of need to levy anti-mping ty on the mping importation procts of exporters beyond the investigation, the antimping ty should be determined in line with fair form. The level of the anti-mping ty should not exceed the mping level determined in final judgement.
Where the final judgement justifies the existence of the material damage and where the provisional anti-mping measures have been taken before that, the anti-mping ty may be pursued retroactively to the period of provisional anti-mping measures.
Where the final judgement justifies the existence of threat of material damage and where the provisional anti-mping measure have been taken for
the reason that later judgement of material damages would be made if not taking the provisional antimping measm'es, the antimping ty may be pursued retroactively to the period of the provisional antimping measures.
Where the anti-mping ty finally judged is higher than the interim antimping ty paid or payable or than the value estimated for guaranty purpose, the part under collected shall be given up. Where the antimping ty is lower than the interim anti-mping ty paid or payable or than the value estimated for guaranty purpose, the part of ty overcollected should be rebated based on the practical circumstance or the ty should be recomputed.
The anti-mping ty may be retroactively pursued to the mping procts imported within 90 days prior to the provisional antimping measures if the following two circumstances coexist except for the procts imported before the case is put on investigation:
a. The mping procts have a mping history of damaging the domestic instries, or the imposing businessmen of the mping procts know or should know that the exporters are mping the procts and this mping shall bring damage to the domestic instries;
b. Large quantity of the mping procts are imported in very short period and may serious damage the remedial effect of the antimping ty.
Where the final judgement determines no antimping ty to be levied or where the final judgement does not justify the retroactive pursue of antimping ty, the interim anti-mping ty already collected should be rebated.
Where the importers of the mping import procts have evidence proving that the anti-mping ty paid is over the mping level, they may apply to the MOFTEC for rebate of the ty. Upon examination, checking up and suggestion of the MOFTEC, the Tariff and Classification Committee of the State Council may decide to rebate the ty based on the suggestion of the MOFTEC. The rebate shall be executed by the Customs.
After levying anti-mping ty on imported procts, if the new exporters who do not export to China those procts ring the investigation can prove that they have nothing to do with the exporters subject to antimping ty, they may apply to the MOFTEC for separate determination of the mping level. The MOFTEC should quickly examine that and make final decision of judgement. During the examination, no anti-mping ty should be levied on those procts.
The time period for levying the anti-mping ty is 5 years at maximum. However, the levying period of the anti-mping ty may be extended properly if the termination of the levying might lead to continuity or recur rnce of the mping and damage.
After the effectiveness of the anti-mping ty, the MOFTEC may,after consulting with the State Economic and Trade Commission and under the condition of fair argument, decide to review the necessity of continuing to levy anti-mping ty, or may, after fair length of time, decide to re iew the necessity of continuing to levying the anti-mping ty at the request of the interest party and after examination of the evidence provided by the interest party.
Based on the review result, the MOFTEC shall put forward the suggestions as to maintain, revise or abohsh the anti-mping ty. The Tariff and Classification Committee of the State Council shall make decision upon the suggestions of the MOFTEC and then the decision shall be announced by the MOFTEC.
mping ty Duties?
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