欧盟与反倾销、反补贴

1、2021/3/10授课：XXX1 Countermeasures Against EUs Anti-dumping By Cheng Yongru Bureau of Fair Trade, the Ministry of Commerce of PRC Xiamen Sept. 9, 2008 2021/3/10授课：XXX2 Outline History of European Union (EU) and EUs Common Commercial Policy EU and Anti-dumping EUs Anti-dumping Decision Making Process a

2、nd Multi-party Bargaining Overview of EUs Anti-dumping against China and Major Issues Concerned Countermeasures Against EUs Anti-dumping 2021/3/10授课：XXX3 History of European Union (EU) and EUs Common Commercial Policy Treaty of Paris(1951) Treaty of Rome(1957) Treaty of Brussel (Merger Treaty 1965)

3、Single European Act(1986) Treaty of Maastricht (1992) Treaty of Amsterdam(1997) Treaty of Nice(2001) Treaty of Lisbon(2007) EU European Community Common Foreign and Security Policy Common Justice and Home Affairs Policy European Union is the most complicated polity that has ever been designed. - Phi

4、llip C Schimmitter 2021/3/10授课：XXX4 History of European Union (EU) and EUs Common Commercial Policy Member States of EU: *Initial Members：France(29), Germany(29), Italy(29), Belgium(12), Holland(13), Luxembourg(4)； UK(29), Ireland(7), Denmark(7)； Greece(12)； Spain(27), Portugal(12)； Sweden(10), Finl

5、and(7), Austria(10)； Czech Republic(12), Cyprus(4), Estonia(4), Hungary(12), Latvia(4), Lithuania(7), Malta(3), Poland(27), Slovakia(7), Slovenia(4)； Romania(12), Bulgaria(12) Overview of EU: Population: 518 million; Area: 4.22 million sq. km. GDP in 2007: USD 16.8 trillion, accounting for 31% of wo

6、rld GDP, GDP per capita: USD 32,000 (cf. Chinas GDP in 2007: USD 3.3 trillion, accounting for 6% of world GDP, GDP per capita: USD2,460). 2021/3/10授课：XXX5 History of European Union (EU) and EUs Common Commercial Policy Free Trade Area: The reduction or elimination of customs tariff and restrictions

7、on trade within EU is accomplished; however, the Member States retain the sovereignty over their policymaking relating to the trade with third (non-EU) countries. Custom Union: It purports to eliminate or reduce customs tariff between Member States within EU and to establish a uniform tariff policy

8、toward non- EU countries. Common Market: It purports to achieve the free movement of goods, services, and production factors (individuals, capital) within EU. Economic and Monetary Union: It purports to accomplish the combination of EU Member States into a cohesive economic system by eliminating the

9、 barriers on economic and trade activities (e.g. competition, labor market, environment, etc.) and by adopting common policies in various economic and monetary fields by Member States. 2021/3/10授课：XXX6 History of European Union (EU) and EUs Common Commercial Policy European Council Council of the Eu

10、ropean Union/Council of Ministers Common Commercial Policy (Article 113 of Treaty of Rome, with the extension provided in Article 133 of Treaty of Nice): The common commercial policy shall be based on uniform principles, particularly in regard to changes in tariff rates, the conclusion of tariff and

11、 trade agreements, the achievement of uniformity in measures of liberalization, export policy and measures to protect trade such as those to be taken in case of dumping or subsidies. Article 133 Committee. European Commission 2021/3/10授课：XXX7 EU and Anti-dumping Sources of Law： Article 133 of Treaty

12、 of Nice (Treaty establishing the European Community) Council Regulation (EC) No. 384/96: Basic law on anti-dumping Council Regulation (EC) No. 1515/2001: on the measures that may be taken by the Community following a report adopted by the WTO Dispute Council Regulation (EC) No. 452/2003: on measure

13、s that the Community may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures Community Interest Test Lesser Duty Rule: The extent of injury Anti-circumvention Anti-absorption 2021/3/10授课：XXX8 EU and Anti-dumping Anti-dumping Investigation Organ: D

14、irectorate H, Directorate General for Trade, European Commission Anti-dumping Investigation：First Instance and Review Investigation Results and Measures Adopted:：European Commission (investigation authority), Member States (decision authority) *Exclusive Competence of European Commission: to termina

15、te anti-dumping investigations, accept promises, adopt provisional anti-dumping measures ( guarantee), propose recommendations on final anti-dumping measures and imposing provisional anti-dumping duties, determine the termination of anti-dumping measures by public announcement, and determine the ref

16、und and release of anti-dumping duties by determination *Council of Ministers enacts anti-dumping regulation based on the recommendations proposed by European Commission: to adopt final anti-dumping measures and determine to finally impose provisional anti-dumping duties, conduct interim review and

17、new shipper review to alter the initial measures, carry out anti-absorption investigations to alter the initial measures, carry out anti- circumvention investigations to extend the scope of application of anti-dumping measures, terminate the anti-dumping measures violating EUs interest, enforce DSBs

18、 awards, revise and revoke double taxation regulations, have the authority to veto the decisions made by European Commission by qualified majority voting (QMV) , and the authority to determine the matters for which European Commission fails to accept promises and need not adopt measures by QMV. 2021

19、/3/10授课：XXX9 EU and Anti-dumping First Instance： Initiating：Lodge anti-dumping complaints by EUs industries, analyze the anti-dumping complaints by European Commission and Member States, notify the representatives of exporting countries in advance, determine to initiate anti-dumping investigation an

20、d make announcement of initiation of anti-dumping investigation accordingly in Official Gazette of EU. Conducting anti-dumping investigation：Send the Notice of Initiation of Anti-dumping Investigation and Questionnaire to alleged exporters, determine sampling, conduct on-site inspection and check, h

21、old hearing, make preliminary determination and disclose such determination, disclose the final determination and make final conclusion, propose to submit the cases to Council of Ministers. Results of investigation: Adopt or not adopt final anti-dumping measures (imposing anti-dumping duties, quanti

22、ty and price promise) 2021/3/10授课：XXX10 EU and Anti-dumping Review： Interim review：Maintaining or revising anti-dumping measures by Council Regulation Revoking anti-dumping measures by European Commissions Determination Expiry review：Maintaining anti-dumping measures by Council Regulation Revoking a

23、nti-dumping measures by European Commissions Determination New shipper review：by European Commission Regulation Anti-circumvention investigation：by European Commission Anti-absorption investigation：by European Commission Investigation for the refund of duties, partial interim review 2021/3/10授课：XXX1

24、1 EU and Anti-dumping Statistical Data: * Anti-dumping: Initiating 372 anti-dumping cases (against China, India, South Korea, Indonesia, China Taibei, Russia, Thailand, Malaysia, Ukraine, and USA) , 65 cases where EU is under anti-dumping investigations (by India, China, Brazil, Egypt, and Malaysia)

25、 Anti-dumping proceeding in WTO: 78 cases where EU is plaintiff (AD10, SCM10, SG4), 62 cases where EU is respondent (AD6, SCM8, SG3) *Anti-dumping proceeding: 10 cases where EU is plaintiff (against USA, India, and Argentina), 6 cases where EU is respondent (India, Brazil, and Norway) 2021/3/10授课：XX

26、X12 EU and Anti-dumping Independent hearing officer for anti-dumping investigations：Directly reports to the Director General of Directorate General for Trade Green Book reflecting public opinions on trade published by EU: Community interest (labor Union and labors, legal clarification in anti-dumpin

27、g sunset review), provide sound basis for trade remedy measures, the provision of normal value applicable to the enterprises in transition economies, crackdown on fraud, circumvention, and infringement of intellectual property rights, refund of duties imposed beyond the period of the implementation

28、of anti-dumping measures, improve the treatment of new shippers, improve the availability of confidential information, improve the flexibility of the implementation of final anti-dumping measures, make clarification on “Made in EU”, announce provisional investigation results before imposing provisio

29、nal anti-dumping duties, strengthen anti-subsidies measures, problem of double pricing, issues of small- and medium-sized enterprises, independent hearing officer, transparency of special issues(advisory committee, etc.), and transparency of injury. 2021/3/10授课：XXX13 EUs Anti-dumping Decision Making

30、 Process and Multi-party Bargaining EU specific power-sharing and decision-making mechanism: Many players and stakeholders are involved in the decision making process, including agencies of EU, governments of Member States, trade/industrial associations, enterprises, regions, and research institutio

31、ns. Council of the European Union Council of Ministers: Consensus-seeking, simple majority voting（negative consensus）, qualified majority voting CQG：Responsible for providing advisory opinions to Council of Ministers. Article 133 Committee: It consists of the officers in charge of trade policy from

32、the Member States, the representatives of the Secretariat of Council of Ministers, and the officers of European Commission. Under the control of Council of Ministers, it participates in the formulation of EUs trade policy and assists European Commission in conducting negotiations on trade and tariff

33、. Consensus-seeking and qualified majority voting mechanism. The Permanent Representatives Committee (COREPER): Ambassador level Advisory Committee Council of the European Union 2021/3/10授课：XXX14 EUs Anti-dumping Decision Making Process and Multi-party Bargaining Judicial Review: European Court of F

34、irst Instance/CFI , Courts of the Member States, European Court of Justice/ECJ European Parliament：It publishes reports on trade remedy measures; exerts influence on anti-dumping policy by making enquiry to European Commission; requests European Commission to submit annual report on anti-dumping. Cu

35、stoms: Tariffs and duties levied in EU; administration of the customs of the Member States. 2021/3/10授课：XXX15 At the domestic level in EU Member States Media Importers Governments Of Member States Industry Associations Domestic Industries Public Universities In January to July, 2008, the four larges

36、t export markets of China are:EU(20.6%), USA(17.5%), Hong Kong(13.5%), and ASEAN(8.2%). Trade Surplus: Chinas trade surplus with EU was USD 70.1 billion in 2005, increased by 89%; USD 91.7 billion in 2006, increased by 31%; USD 134.2 billion in 2007, increased by 35% (cf. Chinas trade surplus with U

37、SA was USD 163.3 billion in 2007, increased by 13%);USD 86.9 billion in the first seven months of 2008，increased by 25% (cf. Chinas trade surplus with USA by 3.8% in the same period). 2021/3/10授课：XXX19 History of European Union (EU) and EUs Common Commercial Policy Sino-European Bilateral Trade Trad

38、e Volume 0 500 1000 1500 2000 2500 3000 3500 4000 1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 Trade Balance -200 0 200 400 600 800 1000 1200 1400 1600 1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2021/3/10授课：XXX20 Overv

39、iew of EUs Anti-dumping against China and Major Issues Concerned Since 1979 when the first anti-dumping against China was initiated to present, EU has launched 142 cases of trade remedy investigations against China, among which there are 139 cases of anti-dumping investigations, two cases of safegua

40、rd measures, and one case of special safeguard measures. No anti-subsidies investigation against China has ever been launched. Among WTO member countries, UAS and EU are two members that have launched the largest number of anti-dumping probes against China (cf. 113 cases against India). Chinas major

41、 products suffered from EUs anti-dumping: Metals, minerals, chemicals, mechanical and electrical products, and footwear At present: Steel products In the near future: textile products and garments 2021/3/10授课：XXX21 Overview of EUs Anti-dumping against China and Major Issues Concerned Powerful functi

42、on of trade policy orientation: Results- oriented Market economy status issue Specificity of EUs decision-making system and asymmetry between China and EU Political issues: Protection of internal market and the market opening to third countries; bargaining and flexibility in individual cases; influe

43、nce of great powers Issue of transparency: Due process Issue of double standards 2021/3/10授课：XXX22 Non-market Economy Status Issue EUs Criteria： (1) Enterprise should have the right to determine the prices, costs and inputs of their products according to supply- demand situation and without obvious State interference; the prices and costs of primary raw materials should reflect market value (2) Increasing the level of compliance with existing accounting law (3) Asse