• Title/Summary/Keyword: Anti-Dumping Regulations in China

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The Problems and Solutions in the Laws and Regulations regarding Anti-Dumping in China (중국 반덤핑법제상의 문제점과 해결방안)

  • Choi, Seok-Beom
    • International Commerce and Information Review
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    • v.12 no.3
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    • pp.361-387
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    • 2010
  • China has been the number one target of anti-dumping cases. In the middle of 1990s, China began to make anti-dumping rules to protect its domestic markets. The first anti-dumping regulation was mentioned in 1994 and the anti-dumping and anti-subsidy regulation was published in 1997. In 2001, China entered into the WTO and as a member of WTO, China is obliged to revise its anti-dumping rules in accordance with WTO's requirements. After that China amended anti-dumping rules in 2004 and it is still valid. Even though China makes considerable efforts to make the rules to be consistent with WTO Rules, China is still facing various difficulties such as lack of transparency, absence of definite deadlines, mismatch between rules, lack of clear interest criteria, overly hard questionnaires and inadequacy of judicial review and non-market economy. This paper deals with the current situation of anti-dumping system in China and the scheme of antidumping law and regulations and the main contents of that law and regulations. The purpose of this paper is to contribute to the enhancement of China's anti-dumping rules by studying the problems and solutions of the anti-dumping rules in China.

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A Study on the issues and measures of the China's Anti-dumping law (중국의 반덤핑 제도 과제와 대응방안)

  • Oh, Moon-Kap
    • International Commerce and Information Review
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    • v.16 no.1
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    • pp.117-142
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    • 2014
  • China having largest market in the world, has been criticized by its trading partner countries due to its unfair trade practices, particularly in the field of anti-dumping regulation. The main reasons for such criticism seem to come from the incomplete anti-dumping law as instrument to protect the industry concerned. In 2001, though new anti-dumping law was established to replace the former one by revising it to meet the needs for economic development which should be secured for china to take part in the competition world as the new member of WTO. The provisions concerned have been evaluated not to be sufficient and efficient from the viewpoint of the safeguard mechanism, while are required to be modified to meet the real world of international trade law. I consider that as the biggest partner of chinese trade activity, we will need to maintain a well understanding of the Chinese anti-dumping regulations. So this report conducts the Chinese anti-dumping regulations, compares between the chinese regulations and the WTO agreement, and studies deeply in to the problems and the improvements of the Chinese anti-dumping regulations.

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A Study on the Comparison Between China's Anti-Dumping System and WTO Agreement (중국 반덤핑 법규와 WTO 규범과의 적합성 비교 연구)

  • Shin, Sung-Shik;Choi, Hae-Bum
    • International Commerce and Information Review
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    • v.13 no.4
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    • pp.323-349
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    • 2011
  • As China is one of WTO member nations, It has an obligation to have to certainly keep a standard regarding anti-dumping systems deciding in WTO agreements. Nonetheless the Chinese anti-dumping laws is causing legal uncertainty because of insufficient details regulations about the account of dumping margins, the termination of an investigation in case of negligible imports, and sunset review And a part of regulations are disagreed with WTO anti-dumping agreement about price undertakings. Therefore, South Korea should indicate them and urge the Chinese government to revise them so that its anti-dumping Law is agreed with WTO agreement. Aside from this, if the anti-dumping investigation is initiated, South Korea government must observe how the Chinese authorities operates its anti-dumping law that do not agree with WTO agreement, and should prepare the countermeasure accordingly. The analysis of this study is concentrated on the compatibility of the WTO anti-dumping agreement with China's interpretation of the antidumping policy and public law. Also, Including our export company, government agencies, academic circles being related, and international trade advisory agencies must expand opportunity of information sharing.

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Antidumping case in the China's textile industry: A model building approach

  • Zhuo, Jun;Park, Yong H.
    • Asia Pacific Journal of Business Review
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    • v.3 no.2
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    • pp.67-87
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    • 2019
  • Anti-dumping instruments among trading partners have been the subject of research by both academicians and practitioners. This study attempts to establish an early-warning model of anti-dumping against Chinese textile exporting companies, which have suffered from anti-dumping regulations and got arbitration awards. After reviewing theories of anti-dumping arbitration, early-warning and relationship marketing, the measuring items and relationship marketing model of Chinese textiles exporters are investigated. Empirical methods are selected based on early-warning theories of companies. Eighty percent of 156 valid questionnaires by surveys and interviews are used as training data via Binary-Logistic regression while the other twenty percent are validated in the model. As a result, a proper early-warning model has been established.

A Case Study on imposing anti-dumping duty against Chinese Ceramic Tile (중국산 도자기질 타일 반덤핑관세부과 사례에 관한 연구)

  • Kim, Hee-Kil
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.337-364
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    • 2009
  • Trade remedy is the system that additional duty or import quantity restriction would be imposed on the import products, in case that unfair imports damage domestic industry or even proper import products damage significantly domestic industry. The system is secured by the act of unfair trade practice investigation & industrial damage remedy, tariff act, WTO agreement. Anti-dumping duty act is the system that duties are assessed with the equal or less amount of the difference between normal transaction price and dumping price, in case that the product imported under dumping price causes or may cause damages in domestic industry, or the development of domestic industry should be delayed practically. Recently, the problems related with anti-dumping duty imposed as the part of the trade remedy occur frequently. It is necessary to discuss whether the anti-dumping duty act is practically trade remedy which does comply with GATT regulations and WTO agreements as the criteria of international law and is in line with the intent of domestic act in the suffered country, or it does return to protective trade or reduce the protection of consumer. On the basis of this discussion, it would be difficult to impose the antidumping duty on industrial products in order to protect domestic industry, when considering the expected free trade agreements of Korea-US, Korea-China and Korea-Japan. In order to survive under the current severe competition of world trade market, companies should raise the competitiveness by themselves without relying on the current trade acts to provide with a certain protection. This thesis should bring those attentions.

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