Collection of Cases on Anti-Dumping, Countervailing Measures, and Safeguard Measures Against Chinese Products Abroad·Volume II: United States·1990-1992: United States·1990-1992

Author: Ministry of Commerce, Import and Export Fair Trade Bureau
Publisher:
Publishing Date: 2003-07-01
Features: The main feature of this series is to analyze and explain the anti-dumping laws and regulations of other countries through specific cases where they have implemented anti-dumping measures against China. This can be seen as a new exploration in the methods of popularizing and promoting knowledge related to anti-dumping. Since this series systematically collects cases where Chinese export products have encountered anti-dumping measures in various countries and provides detailed records for each case, it holds significant reference value. Anti-dumping, anti-subsidy, and safeguard measures are administrative tools permitted by the World Trade Organization (WTO) for member states to protect domestic industries and markets, resist unfair import competition, or address surges in imports. However, with the slowdown in global economic growth and the rise of trade protectionism, some countries have increasingly used anti-dumping, anti-subsidy, and safeguard measures to restrict imports, which has had a significant negative impact on the development of international trade. After China joined the WTO, the anti-dumping, anti-subsidy, and safeguard measures faced by Chinese export products have attracted widespread attention both domestically and internationally. According to Chinese statistics, since August 1979 when the European Economic Community (EEC) first imposed anti-dumping measures on China's export products, by October 2002, 502 anti-dumping investigations and 42 safeguard measures had been initiated against China by 33 countries and regions, totaling 544 cases. These anti-dumping investigations have involved more than 4,000 types of Chinese export products, including those in the mining, metallurgy, chemicals, light industry, textiles, agriculture, and machinery sectors. According to WTO statistics, China is the country most frequently subject to anti-dumping investigations worldwide. From 1990 to 2001, 397 anti-dumping cases were initiated against China, accounting for approximately 15% of the total number of global cases during that period. This means that out of every six or seven cases, one involves a foreign country targeting China. It is evident that anti-dumping and safeguard measures against China by foreign countries have become one of the main and increasingly significant threats to China's foreign trade development.
To actively address the challenges of joining the WTO and fully utilize the rights granted by the WTO to protect China's export and industrial interests, the Import and Export Fair Trade Bureau was established separately under the approval of the State Council in November 2001. One of the main tasks and responsibilities of the Import and Export Fair Trade Bureau is to guide domestic enterprises and intermediary organizations to actively defend against anti-dumping, anti-subsidy, and safeguard investigations initiated against Chinese products by foreign countries. We believe that to do this work well, it is not only necessary to conduct in-depth research on the legal provisions of relevant countries but also to strengthen the study of specific cases. Through the summary and analysis of cases, actively exploring some regular issues in foreign anti-dumping cases against Chinese products will be beneficial for guiding future anti-dumping defense efforts, including challenging and correcting some unfair practices by foreign countries in anti-dumping measures against China through the WTO dispute settlement mechanism.
Based on the above considerations, we have compiled a series of books that comprehensively introduce specific cases of foreign countries imposing anti-dumping, anti-subsidy, and safeguard measures on China. This series consists of five parts: "The United States Volume," "Europe Volume," "Latin America Volume," "Asia and Africa Volume," and "Canada and Australia Volume." The authors of this book are government officials engaged in international trade and foreign trade law, as well as some lawyers working in these fields. Each case in this book is composed of two parts: the basic facts of the case and relevant comments. It provides rich and detailed basic information, as well as discussions and explanations on the anti-dumping laws and practices of the countries and regions involved, based on practical work experience. Additionally, the comments analyze the actions of Chinese enterprises in defending against cases, aiming to summarize experience and avoid shortcomings. Considering the needs of readers at different levels, we have strived to make the book progressive, starting from simple to complex, from specific points to broader lines, and gradually expanding and elaborating. Many topics requiring detailed discussion will be continuously enriched as this series is published in installments. We believe that this book will serve as a valuable reference and learning tool for relevant government departments, intermediary organizations, and personnel in domestic industries and enterprises to study anti-dumping and related legal issues.