反傾銷(xiāo)介紹及案例分析課件

1、Anti-dumping and countervailing duties against China in 2009 Anti-dumping and countervailing duties allegedly occur when a product sells its products abroad at an “unfair” price, generally defined that the firm charges its domestic customers or “below cost”.Dumping is often seen as equivalent to pre

2、datory pricing - selling below cost to drive competitors out of business.Anti-dumping and countervailing dutiesWTO allows countries to impose anti-dumping or countervailing duties on a product When there isExistence of dumpingMaterial injuryCause-and-effect linkage 。After the global financial crisis

3、, foreign enterprises are facing competition and dual pressure from global and domestic market because of the rapid decline in global marlet demand. many countries had introduced a variety of trade-protecting measures to prevent global market from shrinking due to trade diversion.Background目前全球35%的反

4、傾銷(xiāo)調(diào)查和71%的反補(bǔ)貼調(diào)查針對(duì)中國(guó)出口產(chǎn)品。截至2008年，中國(guó)已連續(xù)14年成為遭受反傾銷(xiāo)調(diào)查最多的經(jīng)濟(jì)體，連續(xù)3年成為遭受反補(bǔ)貼調(diào)查最多的經(jīng)濟(jì)體。僅自2008年11月以來(lái)，中國(guó)就遭受超過(guò)100項(xiàng)的貿(mào)易保護(hù)主義壁壘，占同期世界各國(guó)各地區(qū)采取的貿(mào)易保護(hù)主義措施的三分之一強(qiáng)，名列世界第一。 At prsent 35% of the world anti-dumping investigations and 71% of the anti-subsidy investigations are directed against Chinese exports. By the year of 2008

5、, China has been hit the most by anti-dumping investigations for 14 years in succession and by anti-subsidy investigations for 3years running.Since November 2008 , China had suffered more than 100 of trade barriers measures, accounting for nearly 1/3 of the whole protectionism measures, ranking firs

6、t throughout the world.Company LogoReasonFor the enterprises in China, anti-dumping is fairly unfair. Some countries such as EU and U.S. do not aknowledge China as a nation of market economy. And therefor cost and price are planed, not determined by the market, resulting that when calculating normal

7、 value, foreign countries uaually adopt a surrogate countrys market value to replace the cost and price of the enterprises involved in China.The approah mentioned above is appearantly unfair . However, the US and EU will contine to adopt this approach in the next 15 years. In terms of the countries

8、and regions that initiated anti-dumping and countervailing investigations against China, India comes to the first place to file the most cases against China. Although the number of compliants that EU and the US made is less than that of India,they two still hold a tremendos market share accounting f

9、or 40% in Chines exports.In terms of the items, the anti-dumping and countervailing investigation initiated against China are mainly concentrated on steel, texiles, auto parts and light industry products. China-US tires safeguard Events EUs anti-dumping lawsuit on Seamless Steel Pipes and tubes Anti

10、-dumping lawsuits on shoesChina-US tires safeguard Events 4月20日：美國(guó)鋼鐵工人協(xié)會(huì)宣布，依據(jù)美國(guó)1974年貿(mào)易法第421條款，向美國(guó)國(guó)際貿(mào)易委員會(huì)提出對(duì)中國(guó)輸美商用輪胎的特殊保障措施案申請(qǐng)，要求美政府對(duì)中國(guó)出口的用于客車(chē)、輕型卡車(chē)、迷你面包車(chē)和運(yùn)動(dòng)型汽車(chē)的2100萬(wàn)個(gè)輪胎實(shí)施進(jìn)口配額限制4月29日：美國(guó)國(guó)際貿(mào)易委員會(huì)在聯(lián)邦紀(jì)事上公告啟動(dòng)對(duì)中國(guó)輪胎產(chǎn)品的特保調(diào)查。這是時(shí)隔三年多之后，美國(guó)又一次對(duì)中國(guó)產(chǎn)品發(fā)起特保調(diào)查，而且涉案金額巨大。我國(guó)政府對(duì)此表示強(qiáng)烈不滿(mǎn)并堅(jiān)決反對(duì)6月18日：美國(guó)國(guó)際貿(mào)易委員會(huì)對(duì)中國(guó)乘用車(chē)及輕卡車(chē)輪胎特保案做出肯定

11、性損害裁決，認(rèn)定中國(guó)輪胎產(chǎn)品進(jìn)口的大量增加，造成或威脅造成美國(guó)內(nèi)產(chǎn)業(yè)的市場(chǎng)擾亂。中國(guó)政府對(duì)此深表遺憾6月29日：美國(guó)國(guó)際貿(mào)易委員會(huì)就對(duì)中國(guó)輪胎采取特保措施，提出了對(duì)乘用車(chē)、輕型貨車(chē)用中國(guó)制輪胎征收3年特別關(guān)稅的方案，第1年至第3年額外征收的關(guān)稅分別為55%、45%、35%8月7日：美國(guó)貿(mào)易代表辦公室在華盛頓舉行聽(tīng)證會(huì)，就“中國(guó)輸美輪胎特保案”聽(tīng)取各方意見(jiàn)。這已是美方第二次就這一特保案進(jìn)行聽(tīng)證9月2日：美貿(mào)易代表辦公室將在咨詢(xún)財(cái)政部、勞工部、商務(wù)部等部門(mén)意見(jiàn)后，向奧巴馬提出相關(guān)建議9月17日前：奧巴馬將綜合各方建議作出最后裁決China-US tires safeguard Events Sep

12、t 11th 2009, the US President Barack Obama decided to take special protective measures on Chinese tire for 3 years, respctively add 30%, 25% and 20% punitive tariffs on the original price.China-US tires safeguard Events On January 19th 2010, WTO dispute mechnism set up an expert panel and published

13、the report on December 13th that American measures did not break against WTO regulations.In 2011, China gave it a try once again to submit an appeal to WTO.On Sept.5th the final report on the dispute settlement mechanism maintained the same and continued to recognize the compliance of the US measure

14、s China-US tires safeguard Events CommentsMr. zhou, Senior professor on China-US relations of Tinghua University, told the reorters that the US safeguard measures is an abuse of protective instruments. Adding this is abviously trade protectionism.Chinas steel export in 2009 is exceptionally difficul

15、t. Because of the global financial crisis, the international steel demand fell sharply, wosening trade environment. In 2009, there was 21 anti-dumping and counterviling cases against China mainly initiated by the US and EU. In July 2009 the EU Commission announced that the seamless steel pipe import

16、ed from China is in existence of dumping, and had caused substantial damage to EUs industry, and proposed anti-dumping duties imposed 17.7-39.2%. It was learned that 12 members vote in favor of taxation, 11 against and four abstained (in the voting mechanismthe of EU, abstention regarded as the supp

17、ort), the European Commission tax proposals were ultimately approved. EUs anti-dumping lawsuit on Seamless Steel Pipes and tubes EUs anti-dumping lawsuit on Seamless Steel Pipes and tubesAugust 2009, EU anti-dumping committee supported European Commission on imposing 5-year levy anti-dumping duties

18、on seamless steel pipe imported from China.And analysists said the anti-dumping tax rate could be up to 40%. EUs anti-dumping lawsuit on Seamless Steel Pipes and tubesOn october 6th 2009, EU council of Ministers made an announcement that seamless steel pipe imported from China had caused material in

19、jury to EU industries and they decided to impose anti-dumping duties of 17.7%39.2%.Hurt the trade rations with Chinahurt the mutual interest of both parties EUs anti-dumping lawsuit on Seamless Steel Pipes and tubesSignificanceThe anti-dumping duties imposed by EU Anti-dumping lawsuits on shoes In v

20、iew of China-US tires safeguard events, the Latin America countries jointly imposed anti-dumping measures on shoes imported from China.July 1th 2009 Argentina Sept. 9th Brazil Anti-dumping lawsuits on shoesEdnard Bianchi explianed that if only one country took anti-dumping meaures, while the other country did not do the same thing, which will make the goods flow to another country,leading to trade diversion, thus making it difficult to set limitations on these products effectively.This is why the two countries jointly took measures on Ghinese shoes. A