(1) Judging from the scale of dumping, the accusations of dumping by several traditional trading powers in the past have turned into a global anti-dumping trend.
Economic globalization is the trend of world economic development. More and more countries realize that anti-dumping is not only defensive, but also offensive and antagonistic, and it is an effective weapon to protect the domestic market and promote fair competition. Therefore, both developed and developing countries, big and small trading countries, rich and poor countries regard anti-dumping as the main means of trade protection, and international anti-dumping is familiar and applied by more and more countries, showing a trend of globalization.
(2) From the perspective of anti-dumping, it has changed from a single tariff barrier in the past to a diversified non-tariff barrier dominated by anti-dumping.
After the multilateral trade negotiations between GATT and WTO, the tariff rates of WTO members have been greatly reduced. With the reduction of tax rate, the role of using tariff barriers is declining, and new and more effective trade barriers, such as anti-dumping, countervailing, anti-circumvention and technical barriers, are emerging one after another. As one of the means, anti-dumping has attracted more and more attention and become the dominant international trade barrier in 2 1 century.
(3) Judging from the situation of responding to anti-dumping, it has changed from being lazy to responding actively.
Before 1980s, the response rate of anti-dumping was extremely low, especially the anti-dumping initiated by developed countries against developing countries. However, with the continuous development of the multilateral trading system, anti-dumping as a trade protection measure recognized by WTO has been recognized by more and more countries. Many countries and enterprises realize from specific case practice that the results of responding to and not responding to the lawsuit are very different, and there is a win-win opportunity for responding to the lawsuit. Failure to respond to the lawsuit is tantamount to admitting dumping, and it is likely to lose its original market after levying high anti-dumping duties. Therefore, since the mid-1990s, the international enthusiasm for anti-dumping has been on the rise.
The development of international anti-dumping also makes the anti-dumping law more and more perfect. The so-called anti-dumping law refers to the general name of legal norms that restrict and adjust dumping behavior in order to protect the domestic economy and the interests of domestic producers and maintain the normal international economic and trade order. From the perspective of international anti-dumping legislation, Article 6 of 1947 General Agreement on Tariffs and Trade (GATT) created the first international rule of anti-dumping protection in the world and became a guiding legal document for anti-dumping legislation in various countries. Due to the limitation of background and legislative practice at that time, this provision was too simple and general. 1967 Anti-dumping Law enriches and develops the rules of Article VI of GATT. The anti-dumping code 1979 adopted by multilateral negotiations in Tokyo Round 65438-0973 is a significant development of GATT 1947 anti-dumping rules [2]. The Agreement on the Implementation of Article VI of GATT 1994 formulated in Uruguay Round, namely WTO Anti-dumping Rules, has greatly modified and supplemented the Tokyo Rules on the basis of inheriting the original rules of GATT 1947, improved the transparency and legal predictability, strengthened the anti-dumping rules, and formed a complete system including substantive rules and procedural rules. Judging from the anti-dumping legislation of various countries, many countries did not enact anti-dumping legislation in the 1980s, especially developing countries, whose anti-dumping legislation has a short history. When dealing with dumping cases, they are arbitrary and have low transparency. One of the basic principles of WTO is the unification of the legal system, which does not allow different legal rules in different regions, different market players and contradictory legal rules at different levels. All the same market behaviors should abide by the same legal rules. Therefore, in order to avoid misunderstanding and contradiction with international rules when formulating anti-dumping policies, all member countries refer to international practices and rules to make their anti-dumping policies transparent, strict and consistent, thus effectively protecting their own trade markets.
Two. Current situation of China
China is a developing Asian country and implements the socialist system. The anti-dumping laws of various countries aim at safeguarding their national interests, and GATT and WTO rules are mainly formulated according to the economic development of western developed countries. According to statistics, from 1995 to March 2003, the number of anti-dumping cases filed against China accounted for more than 14% of the global total, ranking first. At present, China only accounts for 4% of the world's total exports. Since China's entry into WTO, it is obvious that China, as a new member of the World Trade Organization, has both potential opportunities and practical challenges in its foreign trade, from the blocking of Wenzhou lighters in the European Union, to the introduction of temporary steel safeguard measures known as "World War I", and to the DVD patent disputes and "green barriers" set against China's textiles and agricultural products.
In this case, the situation of anti-dumping against China is becoming more and more severe: First, anti-dumping investigations against China are mainly conducted by the European Union, the United States, Mexico, India, Australia and other countries and regions. These countries and regions are also China's most important trading partners. Secondly, China's export products are mainly concentrated in labor-intensive products, such as clothing, cotton cloth, cotton knitwear and grain. Low quality and added value; Moreover, the lack of branded goods is easy to be rejected by foreign countries for various reasons. Statistics show that the direct economic losses caused by foreign anti-dumping against China are as high as $654.38+0 billion. Thirdly, in order to pursue short-term economic benefits, China enterprises are eager to see a certain commodity sell well and compete for low-priced exports, which leads to a sharp rise in the price of a certain commodity in the importing country in the short term, thus triggering anti-dumping charges. Finally, few domestic enterprises respond to the lawsuit. I said that before 2000, there were about 1/3 anti-dumping cases of enterprises. Failure to answer the lawsuit is tantamount to losing without a fight. Because of not responding to the lawsuit, the prosecuting government directly applies the "best available information" rule to levy anti-dumping duties.
Three. China's Countermeasures
It can be seen that anti-dumping cases against China will not disappear with China's accession to the World Trade Organization, on the contrary, it may increase. China is facing a series of anti-dumping problems from other countries. Faced with these problems, we should take measures from all angles:
(A) China government should take countermeasures.
1. Establish a government support system in line with international practices and clarify the role of the government in international trade. All government policies and measures should be based on maintaining fair competition among export enterprises, otherwise government support measures may become the handle of foreign anti-dumping. The government should establish a relief and protection mechanism for the international trade industry, and provide support and guidance from the aspects of logistics, finance, insurance and legal aid.
2. Adjust the export-oriented policy and implement the strategy of market diversification and sustainable development. The government should guide enterprises to adjust their product structure, macro-control the total export products and product structure, encourage and develop knowledge-intensive industries and industries with complementary advantages, and open up new markets on the basis of consolidating the original markets. At present, China's export trade is mainly concentrated in Korea, Japan, the United States and the European Union. This over-concentrated market structure weakens the flexibility and competitiveness of China's foreign trade. We should strengthen the market development of developing countries, gradually realize the diversification of market structure, and improve the ability of foreign trade to resist external risks.
3. Establish a national anti-dumping advisory body and an information network service system. On the one hand, it transmits information about the trade policies formulated, adopted and implemented by China to the outside world, so as to receive reasonable consultation and deliberation from the World Trade Organization at any time. On the other hand, it is necessary to establish a nationwide anti-dumping data network system, timely disclose anti-dumping laws, regulations and policies of various countries, price, calculation data and cost information of various "substitute countries", and timely release early warning information to domestic enterprises.
4. Establish a modern enterprise management mechanism. In the past, in foreign anti-dumping investigations, enterprises were unable to provide raw materials and data from raw material supply to sales to prove that they were the main body of market economy and were adopted with obviously discriminatory substitute country system. Therefore, the government should speed up the construction of modern enterprise management system, improve management level, standardize financial management, accurately reflect operating costs, and integrate with international accounting rules. Gradually make enterprises become the real subject of market economy.
(2) The countermeasures that domestic enterprises should take.
1. Enterprises must improve the technical content of export products and win by quality. Product price is an important form of competition, but the lower the price of export products, the better. What is the lowest price competition?