4, increase respondent enthusiasm, lay WTO lawsuit
以往对华反倾销案件中,中国企业应诉率低的原因很复杂,但怕打“洋官司”或希望别人应诉,自己搭便车的想法是最主要的因素。Anti-dumping cases in the past, Chinese enterprises involved in a very complicated reasons for the low rate, But fear of "foreign lawsuits" or want others involved, the idea is the most important factor in their carpool. 有鉴与此,我们的相关部门应制定具体的操作规则,对积极的应诉企业给予奖励,贯彻“谁应诉谁受益”原则。It is in this light that we should develop specific rules of operation of the relevant departments of the enterprises involved in a positive reward. implementation of the "person who will benefit" principle. 另外,具体应诉中,企业除了要聘请精通WTO规则、国际法和国际贸易知识的律师抗辩外,关键是做好举证工作,就被诉企业情况、国内市场、起诉国销售情况、生产成本等内容,在律师指导下填写问卷调查。In addition, the specific respondent, in addition to enterprises specializing in the WTO rules, the defense lawyers knowledge of international law and international trade, The key is to do the work of proof on the defendant enterprises, the domestic market, sales of state prosecution, the cost of production and so on. under the guidance of lawyers to fill in a questionnaire survey. 这也有赖于国内反倾销律师和专业队伍的建设,有赖于国内反倾销基金的尽早设立。It also depends on the lawyers and professional teams in the domestic anti-dumping, anti-dumping depends on the early establishment of the Fund.
5、修改现行反倾销法律5, it will amend the existing anti-dumping law
我国的《反倾销和反补贴条例》需要不断完善,与国际反倾销法律接轨。China's "Anti-dumping and countervailing regulations" require constant improvement, converge with the international anti-dumping laws. 首先,我国的《反倾销和反补贴例》已经增加了累计评估等新内容,但是对于什么是规避行业,哪些行为属于规避行为,对于进口倾销产品形式的变化如何辨认还要进一步作出明确的规定,提高其可操作性,阻止国外一些企业利用我国反倾销措施的不完善在我境内进行倾销。First, the "anti-dumping and countervailing cases," added new contents, such as a cumulative assessment, But what is to avoid the industry, which act to circumvent, change in the form of dumping of imported products will further make clear how to identify, improve their operability. China's foreign enterprises to stop using anti-dumping measures imperfections in the territory of dumping. 其次,反倾销调查期限应该缩短。Second, the anti-dumping investigation period should be shortened. 我国规定自立案调查决定公告之日起至最终裁定公告之日止为12个月,特殊情况可以延长至18个月,这与一些国家或地区的立法有差距。Since its announcement, China has decided to file a notice until the date of the final verdict for 12 months, special circumstances can be extended to 18 months, with a legislative gap in some countries or regions. 欧洲委员会立案的调查期一期在6-8个月内结束,最长不得超过1年。The European Commission's investigation file for a period of 6-8 months at the end of no longer than one year. 调查时间相对短一些,可以裁定倾销存在的可能性就大些,可以控制倾销者规避法律的行为。Investigation relatively short period of time, we could have found greater likelihood of dumping exists, dumping can control who circumvent the law. 再次,我国反倾销的主管机构复杂,涉及到国家商务部,国家经济委员会及海关总署,商务部同海关总署进行倾销和倾销幅度的调查,国家经贸委员会同国务院有关部委进行损害的调查,这种方式造成了资源浪费,增加了协调难度,降低了效益。Third, China's anti-dumping authorities complex, involving China's Ministry of Commerce, the National Economic Commission and the General Administration of Customs. with the General Administration of Customs, the Ministry of Commerce for dumping and the extent of the investigation. with the relevant departments of the State Council, the State Economic and Trade Commission conducted a survey damage, this approach led to the waste of resources. increased difficulty of coordination, reduce effectiveness. 最好由一家机构全面负责倾销和损害的调查,管理的简单使反倾销诉讼程序快捷,也使企业利用反倾销程序保护自己的利益具有更大的有效性。Preferably by a body with overall responsibility for the investigation of dumping and damage, anti-dumping proceedings so simple management of the fast, also to use anti-dumping procedures to protect their own interests with greater effectiveness.
4, and improve the enterprises actively involved in, lay the WTO anti-dumping lawsuit previous cases, Chinese enterprises responding to the reasons for the low rate is very complex, fear of "foreign lawsuits" or want others involved. Hitchhiking is the most important factor in their thinking. It is in this light that we should develop specific rules of operation of the relevant departments of the enterprises involved in a positive reward. implementation of the "person who will benefit" principle. In addition, the specific respondent, in addition to enterprises specializing in the WTO rules, the defense lawyers knowledge of international law and international trade, The key is to do the work of proof on the defendant enterprises, the domestic market, sales of state prosecution, the cost of production and so on. under the guidance of lawyers to fill in a questionnaire survey. It also depends on the lawyers and professional teams in the domestic anti-dumping, anti-dumping depends on the early establishment of the Fund.
5, it will amend the existing anti-dumping laws in China the "Anti-dumping and countervailing regulations" require constant improvement. converge with the international anti-dumping laws. First, the "anti-dumping and countervailing cases," added new contents, such as a cumulative assessment, But what is to avoid the industry, which act to circumvent, change in the form of dumping of imported products will further make clear how to identify, improve their operability. China's foreign enterprises to stop using anti-dumping measures imperfections in the territory of dumping. Second, the anti-dumping investigation period should be shortened. Since its announcement, China has decided to file a notice until the date of the final verdict for 12 months, special circumstances can be extended to 18 months, with a legislative gap in some countries or regions. The European Commission's investigation file for a period of 6-8 months at the end of no longer than one year. Investigation relatively short period of time, we could have found greater likelihood of dumping exists, dumping can control who circumvent the law. Third, China's anti-dumping authorities complex, involving China's Ministry of Commerce, the National Economic Commission and the General Administration of Customs. with the General Administration of Customs, the Ministry of Commerce for dumping and the extent of the investigation. with the relevant departments of the State Council, the State Economic and Trade Commission conducted a survey damage, this approach led to the waste of resources. increased difficulty of coordination, reduce effectiveness. Preferably by a body with overall responsibility for the investigation of dumping and damage, anti-dumping proceedings so simple management of the fast, also to use anti-dumping procedures to protect their own interests with greater effectiveness.