The Study of Anti-Dumping Duty Law of the European Union regarding Imports from China

• Main Authors: Jing-Wen Tseng, 曾靖雯
• Other Authors: LEE, HSIEN TSUO
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/15470282591209243453

碩士 === 中原大學 === 財經法律研究所 === 94 === Abstract The European Union and China are each other’s main trading partners. EU is now the most important business partner of China, currently the EU remained as China’s biggest trading partner and China remained as the EU’s second biggest trading partner. As in the relation of bilateral trade, each economy represents important partners to another. The great amount of exportations from China to the EU made major impact to the EU industries. The EU is the earliest to establish anti-dumping measures against China, as exportations are seriously affected in China. Regard to the WTO Anti-Dumping Agreement which did not have clear definition to classify non-market economic countries. For this, members of the WTO can make their decision with their own measurements and considerations. Former communist countries are usually classified as non-market economic countries by the US and European countries. The EU uses its own measurement to classify countries that are non-market economy countries and decides to levy the anti-dumping duty; there is deep value that probes into. European Union regards as the current anti-dumping law with the rule No 384/96, has already in recent years admitted that there is a suitable achievement in economic reform in China, conclude new rule regulation based on No 384/96, if the enterprises of China can meet five standards stipulated in the new regulation that obtain market economy treatment can adopt the local price sold inside the country of enterprise products and export price to relatively calculate the difference of dumping margin ; Another also propose assessing eight standards of the individual treatment in the rule memorandum enclosure No 905/98 ; But view change that anti-dumping legislate its in practice still not ideal, for obtaining market economy treatment and individual treatment is still difficult to have. Have not reached standard enterprises , must still be suitable substitute country's institution and country-wide dumping margin, enterprises of China still have a hard way to go . Grind and analyze with the legal question of metal calcium case , yellow phosphorus case and integrated electronic compact fluorescent lamps case, can be belonged to and dealt with way , exceptional treatment way and comprehensive principle and exceptional treatment way for the principle of the countries except market economy the continent separately, what face in the goods exit of continent enterprise at present of the response may be awarded the result by three kinds European Union's anti-dumping measures. Analyzing European Union bases on the course of its law to find the anti-dumping measures against China, the Commission and the Council are substituting the country and choosing, dumps asserting even market economy treatment or individual treatment standard to assert, China must shoulder the extremely heavy burden of proof; And the Commission and the Council have extensive freely judging amount right, and is approved by European Court of Justice. Enterprises of China still face the inequitable and discriminatory anti-dumping predicament; need to adopt the effective countermeasure in order to want as quickly as possible. This text is besides paying attention to dealing with the way the understanding of European Union's anti-dumping regulations, all kinds of familiar with the relevant legal problem of case, and propose ( including the China government, nationwide industrial union and those enterprises) for reference.