International Anti-dumping Law and Practice (European Community Volume)

Author: Xiao Wei
Publisher:
Publish Date: 2005-07-01
Features: Anti-dumping is a hot issue in current international trade. The World Trade Organization (WTO) allows member states to use anti-dumping as a trade remedy, but the incorrect or even abusive use of anti-dumping measures can severely impact the healthy development of international trade. Due to the rapid growth of China's import and export trade, China has become one of the main targets of international anti-dumping investigations. The frequent imposition of anti-dumping measures by foreign (regional) entities on China's export products has not only caused serious losses to some enterprises but also affected the international trade environment of China's export products. Without a doubt, in the process of China's continuous development of foreign trade, anti-dumping has always been an important issue that we must seriously address. Further strengthening research on international anti-dumping law and effectively responding to international anti-dumping investigations are important tasks for both the business community and the legal field in China. In recent years, the legal field in China has achieved certain results in the study of anti-dumping law, but due to changes in foreign trade development, there is an expectation for more up-to-date research to serve practical needs. The Intellectual Property Press and the authors of this series of monographs have collaborated and, after two years of hard work, have finally presented their research findings to readers. It can be said that they have done meaningful work. The authors of this series of monographs are all young teachers or postgraduate students (Ph.D. candidates or master's students) at the Law School of Xiamen University. They have extensively collected existing domestic and international research, conducted in-depth studies, and collectively worked to advance China's research on international anti-dumping law. Their choice to be down-to-earth, bold in exploration, and closely serve China's economic and trade development is correct. This series of monographs has the following characteristics:
First, it is specific and detailed. In this series of monographs, the anti-dumping laws of the WTO, the European Community (EC), and the United States each form a separate volume, while other countries' volumes include the anti-dumping laws of several representative major countries. The research covers all levels and aspects.
Second, it widely adopts comparative and empirical research methods. This series of monographs places great emphasis on the comparative analysis of relevant legal provisions of the WTO, EC, the United States, China, and other major countries. It summarizes general principles from commonalities ands distinct characteristics from differences, serving different interests based on national needs.
Third, it is fresh and detailed. Based on systematic, in-depth, and meticulous research, the authors have used some relatively new materials and proposed new viewpoints and proposals. Of course, there may be omissions in the authors' research, some viewpoints may be debatable, and some proposals may rely on practical verification. It is believed that this series of monographs will be of great help to readers in understanding, researching, and applying international anti-dumping law, better serving the development of China's foreign trade. I sincerely hope that any defects or shortcomings in this series of monographs can be improved with everyone's attention. Due to my long-term involvement in anti-dumping work and moved by the spirit of young teachers and students, I have written this preface with a sense of purpose. Shang Ming, June 2005
Preface
The anti-dumping law of the European Community (EC) is an important part of the Common Commercial Policy (CCP) of the European Community. The anti-dumping law of the EC originated from Article 113(1) of the Treaty of the European Economic Community. On April 17, 1968, the EC formulated its first anti-dumping law, Council Regulation (EC) No. 459/68. Over the subsequent thirty-plus years, as European integration has deepened and economic globalization has advanced, the anti-dumping law of the EC has not only become increasingly but has also had a profound impact on multilateral anti-dumping rules. Given that anti-dumping has been included as a key issue in the Doha Round negotiations, and the European Union has continued its eastward expansion after achieving unprecedented expansion in 2004, the direction of the EC's anti-dumping law is of great significance. Since the EC first initiated an anti-dumping investigation against Chinese enterprises in 1979, it has launched over a hundred anti-dumping investigations against Chinese enterprises, unmatched among the EC's trading partners. Anti-dumping has become a significant factor affecting Chinese enterprises' efforts to enter and consolidate the EC market and the healthy development of China-EC economic and trade relations. It must be noted that although China-EC comprehensive strategic partnerships have been established, the EC still treats China as a non-market economy in anti-dumping investigations, a issue that China has highly concerned and firmly opposed but has yet to be resolved. As China's competitiveness in international market competition continues to improve and China-EC economic and trade relations strengthen, anti-dumping has become increasingly prominent as a major obstacle to the development of China-EC economic and trade relations. Since the first anti-dumping legal provisions were stipulated in the Foreign Trade Law of the People's Republic of China in 1994, China has been gradually establishing and improving its anti-dumping legal system. However, from the current perspective, whether in terms of legislation itself or judicial practice, China's anti-dumping legal system is still immature. Therefore, a serious study of the EC's anti-dumping law and practice will not only help Chinese enterprises respond effectively but also benefit the improvement of China's anti-dumping legal system. Against this backdrop, a group of young scholars at the Law School of Xiamen University, who have long studied anti-dumping law, have collaborated to systematically and deeply explore the legal system and practice of the EC's anti-dumping law, revising the manuscript multiple times until this book was completed. Overall, the book has the following characteristics:
First, given the close connection between the EC's anti-dumping law and regional and global economic integration, the authors have studied and discussed the EC's anti-dumping law within the context of regional and global economic integration, aiming to interpret its rules and practices from a broader perspective.
Second, the authors adhere to the case study method. Recognizing that anti-dumping law is both "law in books" and "law in action," the authors not only focus on the study of legal rules but also on empirical research of judicial practice. When discussing the EC's anti-dumping law, the book pays special attention to closely linking the judicial practices of the European Commission, the Council, and the Court of First Instance of the European Community with those of the European Court of Justice, enabling readers to understand not only the legislative intentions and rule design of the EC's anti-dumping law but also the actual implementation by relevant authorities, thus providing a comprehensive understanding.
Third, the book emphasizes research based directly on primary sources and widely adopts comparative analysis methods. On this basis, it boldly proposes its own viewpoints and proposals, offering specific recommendations for Chinese export enterprises to respond to foreign anti-dumping investigations and for improving China's anti-dumping legislation to protect domestic industries. The authors of this volume, April 2005