求:反倾销的英文文章非常感谢了,我有急用,

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求:反倾销的英文文章非常感谢了,我有急用,
求:反倾销的英文文章
非常感谢了,我有急用,

求:反倾销的英文文章非常感谢了,我有急用,
Dumping - Anti-Dumping
(chinadaily.com.cn)
Updated: 2006-10-09 14:58
If a company exports a product at a price (export price) lower than the price it normally charges on its own home market (normal value), it is said to be 'dumping' the product.
Dumping can harm the domestic industry by reducing 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 industry going out of business.
Often, dumping is mistaken and simplified to mean cheap or low priced imports. However, it is a misunderstanding of the term. On the other hand, dumping, in its legal sense, means export of goods by a country to another country at a price lower than its normal value. Thus, dumping implies low priced imports only in the relative sense (relative to the normal value), and not in absolute sense.
Anti dumping is a measure to rectify the situation arising out of the dumping of goods and its trade distortive effect. Thus, the purpose of anti dumping duty is to rectify the trade distortive effect of dumping and re-establish fair trade. The use of anti dumping measure as an instrument of fair competition is permitted by the WTO. In fact, anti dumping is an instrument for ensuring fair trade and is not a measure of protection for the domestic industry. It provides relief to the domestic industry against the injury caused by dumping.
Anti dumping measures do not provide protection per se to the domestic industry. It only serves the purpose of providing remedy to the domestic industry against the injury caused by the unfair trade practice of dumping.
What is anti-duThe anti-dumping duty is the provisional additional duty levied by the importing countries on the imported products which are identified as exporting dumping and bring about damage to the relevant domestic industries in order to boycott the dumping of the exporting countries and protect the domestic industries.
Dumping refers to that the imported products 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 Antidumping 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 industry or representing domestic industry may apply to the MOFI'EC by law for anti-dumping investigation. Based on the results of the investigation, the MOFFEC and the State Economic and Trade Commission may make primary judgement respectively on dumping, damage and the tenability of causality of them.
Where the primary judgement confinus that the dumping is tenable and the dumping brings damages to the domestic industry, the provisional antidumping measures including levying interim anti-dumping duty may be taken.
The level of the interim anti-dumping duty should be matching with the dumping level primarily verified true.
The levying of the interim anti-dumping duty 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-dumping 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-dumping investigation, no provisional anti-dumping measures should be taken.
During the antidumping investigation, the exporters dumping the imported products may promise to the MOFFEC of price change or stopping exportation at dumping price.
Where the MOFFEC believes that the price promise of the exporters may be acceptable, it may suspend or terminate the anti-dumping investigation and will not take the provisional anti-dumping measures or levy anti- dumping duty 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-dumping investigation. Based on the best information available, the MOFTEC may decide to take the anti-dumping measures and may retroactively pursue the anti-dumping duty on the products imported within 90 days prior to the taking of the provisional anti-dumping measure, except for the products imported before breaking the price promise.
Where the decision of the primary judgement justifies the dumping,damage and tenabihty of causality of them, the MOFFEC and the State Economic and Trade Commission should continue the investigation on the dumping 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 dumping is tenable and that it damages the domestic industry, anti-dumping duty may be levied.
The levying of the anti-dumping duty 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-dumping duty is applicable to the products imported after the date of the announcement of the final decision of judgement except otherwise Med.
The payers of the anti-dumping duty shall be the importing businessmen of the dumping products.
The anti-dumping duty should be determined in line with the dumping level of the exporters. In case of need to levy anti-dumping duty on the dumping importation products of exporters beyond the investigation, the antidumping duty should be determined in line with fair form. The level of the anti-dumping duty should not exceed the dumping level determined in final judgement.
Where the final judgement justifies the existence of the material damage and where the provisional anti-dumping measures have been taken before that, the anti-dumping duty may be pursued retroactively to the period of provisional anti-dumping measures.
Where the final judgement justifies the existence of threat of material damage and where the provisional anti-dumping measure have been taken for
the reason that later judgement of material damages would be made if not taking the provisional antidumping measm'es, the antidumping duty may be pursued retroactively to the period of the provisional antidumping measures.
Where the anti-dumping duty finally judged is higher than the interim antidumping duty paid or payable or than the value estimated for guaranty purpose, the part under collected shall be given up. Where the antidumping duty is lower than the interim anti-dumping duty paid or payable or than the value estimated for guaranty purpose, the part of duty overcollected should be rebated based on the practical circumstance or the duty should be recomputed.
The anti-dumping duty may be retroactively pursued to the dumping products imported within 90 days prior to the provisional antidumping measures if the following two circumstances coexist except for the products imported before the case is put on investigation:
a. The dumping products have a dumping history of damaging the domestic industries, or the imposing businessmen of the dumping products know or should know that the exporters are dumping the products and this dumping shall bring damage to the domestic industries;
b. Large quantity of the dumping products are imported in very short period and may serious damage the remedial effect of the antidumping duty.
Where the final judgement determines no antidumping duty to be levied or where the final judgement does not justify the retroactive pursue of antidumping duty, the interim anti-dumping duty already collected should be rebated.
Where the importers of the dumping import products have evidence proving that the anti-dumping duty paid is over the dumping level, they may apply to the MOFTEC for rebate of the duty. Upon examination, checking up and suggestion of the MOFTEC, the Tariff and Classification Committee of the State Council may decide to rebate the duty based on the suggestion of the MOFTEC. The rebate shall be executed by the Customs.
After levying anti-dumping duty on imported products, if the new exporters who do not export to China those products during the investigation can prove that they have nothing to do with the exporters subject to antidumping duty, they may apply to the MOFTEC for separate determination of the dumping level. The MOFTEC should quickly examine that and make final decision of judgement. During the examination, no anti-dumping duty should be levied on those products.
The time period for levying the anti-dumping duty is 5 years at maximum. However, the levying period of the anti-dumping duty may be extended properly if the termination of the levying might lead to continuity or recur rnce of the dumping and damage.
After the effectiveness of the anti-dumping duty, 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-dumping duty, or may, after fair length of time, decide to re iew the necessity of continuing to levying the anti-dumping duty 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-dumping duty. 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 duty Duties?
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