AboutOntheissueofnewUSanti-dumpingprogress-畢業(yè)論文翻譯

1、About On the issue of new U.S. an ti-dump ing progressPaper Keywords:an ti-dump ingmecha nismofintern ati onaltrade, marketi ngstrategy Abstract: Bystudy ing the Un ited States si nee the mid-1990s, since the an ti-dump ingmeasures aga inst the country from theindustrializedcountriesover the last em

2、ergingmarketecono miesto shift theprocess,found that U.S.an ti-dump ing applicatio ns prese nted to bring the nu mber of changes,owing to the structuralchanges in worldecono mic en viro nment and U.S. econo mic cycles; from the rece nt U.S. trade legislatio n and the practice of an ti-dump ing cases

3、, the developme nt of its an ti-dump ing mecha nism in creas in gly sophisticated and mature, will be the impleme ntati on of trade protectio nism in the Un itedStates and the United States a powerful tool industry in intern ati onal competiti on freque ntly used strategy.The United States as the wo

4、rld s number one economy in the Ion g-term in ter natio naltrade in thedevelopmentof a mature and complexanti-dumpingimecha nism for the impleme ntati on of trade protectio nism in the Un ited States service, as the U.S. i ndustry in the face of intern ati onal competiti on to find an effective plat

5、form for relief.A new U.S. anti-dumpingmeasures and thereas ons for the developme nt ofThe UnitedStates in internationaltrade to takean ti-dump ing measures in practice history dates back to 1916, but thefreque ntand large-scale use ofan ti-dumpi ng measures in the 1960s to the 1980s, the U.S.an ti-

6、dump ingmeasures mainly aimed at econo micdevelopmentfrom behind the European and Japan andother industrialized countries,involvinga wide range ofproducts and sectors is gen erallybelieved thatan ti-dump ing in vestigati ons closely with the Un ited States is behind the economic and trade relations,

7、 and trade imbala ncesare the direct fuse, un eve n econo micdevelopmentis a source of friction, the economicstructure and trade developme nt of the special n ature ofthe internationalcompetitivenessof goods is also animporta nt reas on for the differe nces.However, since the since the mid-1990s, th

8、e U.S.anti-dumpingmeasures target a considerablechange inthe state-ow ned Japa n is still the major U.S. an ti-dump ing in vestigati on of the target coun try, but in the 1995-2007 years, China has replaced Japa n as the Un ited States filed the nu mber of an ti-dump ing in vestigati ons tha n any o

9、ther country (see Figure 1). This is closer Sino-US economic and trade relations and China s rapid economic development is related to the same time,emergingmarket econo mies such as In dia,Brazil and othercountries have gradually become a U.S. anti-dumping survey of the principal target countries,wh

10、ich not onlyreflects the grow ingemerg ingmarket econo miestointern ati onal competiti on, added to, but also reflects thedyn amicimbala neeofintern ati onalecono micdevelopme ntAndtheglobalecono micstructurecha nges.1995-2007years,the U.S.an ti-dump ingmeasures of the newcha nges,but also inan ti-d

11、ump ingin vestigatio n on cha nges in the nu mber of cases, show n inFigure 2.Figure 2 shows that since 1995, the U.S.Gover nment filed an ti-dump ing in vestigati on the nu mber of cases in creased year by year, by 2001 reached a record 75, the n fell sharply over the past 10 years of anti-dumpingc

12、ases, the average number of 33, while in2007 there were only eight made the an ti-dump ing cases, while the U.S. governmentto implementanti-dumpingmeasures identifiedthe number of cases showing thesame year the law of the rece nt 3Years, theimpleme ntati onof theide ntifiedan ti-dump ing measures we

13、re the nu mber of cases in 200518, 2006 5 and 2007 3, a larger decline, according to report released by the WTO Secretariat data, global WTO Member States and the new an ti-dump ing in vestigati ons iden tifyand impleme ntan ti-dump ingmeasures thenumber of cases, although the phenomenonof growthand

14、 decli ne slightly, but the average nu mber over the past have shown a decreasing trend of global anti-dumping measures the frequency of use had a greater decline in rece nt years, the nu mber of U.S. an ti-dump ing cases, the cha nge also reflects this the trend.From the abovedescription,the United

15、 Statesin the use ofan ti-dump ingin vestigati onsandan ti-dump ingmeasures ide ntified in rece nt years acon siderable cha nge, to explore the reas ons beh ind these cha nges, very complex, but, as several factors that affect the mai n driver of this trend.(1) the Un ited States in the past two yea

16、rs the use of an ti-dump ing measures to decrease the backdrop to the U.S. economy from 2001 to the Great Depressi on to recovery. s Econo mic developme nt is a cyclical process, aprosperous econo my, but also the econo mic developme nt of stag nati onor recessi on, Whe n the latter comes,national i

17、ndustryin order to stick to existing markets,inevitablyby various means, includingthe adoption oftrade remedy measures to en sure its market share according to the U.S. anti-dumping law, anti-dumping cases proposed to be substantialdamage to domestic in dustry or threat of substa ntial damage to the

18、 eleme nts for the establishme nt, i n the econo mic boom of the wish to enhance the situati on, the in dustry more difficult by thefact that the damage after the establishme nt of .2001, and the U.S.econo micboom cycle the nu mber ofanti-dumpingcases filed showed a high degree ofcorrelati on, show

19、n in Figure 3.(2) the manu facturer or exporter to cha nge bus in ess strategy of global economicrecovery in many emergingecono mies and become more active, and more compa nies seek expandinginto emergingmarkets such as China,India,to develop their productsmarketingand salescha nn els. associated wi

20、th emerg ing market econo mies to bring an ti-dump ing in vestigati ons betwee n the in creas ing number of evidenee of this trend.manufacturersindevelopingcountries,the United States as main exportmarkets its products will no Ion ger so stro ng as before, on the one hand by in clud ing freight cost

21、s, i nclud ing factors other hand, Chin a, I ndia and other emerg ing econo mies, a substa ntialin creasein domestic dema nd, somanufacturersin developingcountries to reduce exportopportunitiesfor the United States, and these countriesare usually the last U.S. anti-dumpingis a major targetcountry in

22、vestigated, in which trends in international trade, the sales of products from the UnitedStates, acorresp onding reducti on in the U.S.gover nmentin stituted an in vestigati on of opport un ities.(3) reduce the impact of trade globalizati on and the use of anti-dumpingmeasures risk. Cross-borderin v

23、estme ntsto en ablecoun triesin creas in gly closeecono mic ties, a product of the manu facture, process ing, assembly and other processes may be in differe nt coun tries, accord ing to U.S. law, the start of an ti-dump ing in vestigati onTheapplica ntmust havesufficie ntreprese ntati on of the dome

24、stic in dustry only whe n fili ng.In defi ning the so-calleddomestic in dustry ran ge, dueto globalization,the manufacturingprocess meticulousdivision of labor, leaving the share of manufacturedendproducts,domesticindustry assessment andcalculation of the proportionof anti-dumpingcase inmany problem

25、saris ingfili ng, accord ing to WTOagreements,engagedin similar products or companiesin volved in a relatio nship with the manu facturers, have to be excluded from the recognized domestic industry outside. to China s wooden furniture antidumping case,for example, that although the finalan ti-dump in

26、gin vestigati on applicati on, but U.S. domestic manu facturersapplicant, in order to obtain adequate representationofthe domestic in dustry tomake the applicati onofanti-dumpingcase, had encounteredgreat difficulties,because in fact a lot of furniture in the Un ited States are now made in Chi na, s

27、o most U.S. furniture manu facturers may in vestme ntin Chi na, relatedin dustries,or theChin eseexporters and U.S. importersin vestme ntrelatio ns.On the whole, the U.S. an ti-dump ing measuresto reduce the use does not necessarily indicate that the U.S. gave up the use of an ti-dump ing measures t

28、o protect their own industries this means that changes to a large extent is mainly a reflection of two aspects: one is the en tire global structural cha nges in econo mic en viro nment;the other hand, is the cyclical performanee of the U.S. econo my, the U.S. economy starts to recover after the 2001

29、 boom in real estate on the basis of this strong growth trend is matched with the card.2 U.S. an ti-dump ingtrade law provisi ons related to new developme ntsFor a long time, U.S. lawmakers gen erally agree thatthe anti-dumpingmeasures against unfair trade lawfulmeans as components of the Tariff Act

30、 of 1930, the & It ;<1921 an ti-dump ing law> > is the foun dati on of today s U.S. anti-dumpinglaw after which the U.S.an ti-dump inglegislati onexperie needa con siderablenu mber of ame ndme nts, i n < ;&It ;& gt ;& gt;,<< TradeAgreementAct of 1979 Trade and Tariff Act of 1984& gt

31、 ;& gt;,< ;<1988Om nibusTrade andCompetitive nessAct> >are reflected in itsame ndme ntsbeh indthe maincon textis to makeAmerican companies more likely to bring anti-dumping in vestigati on applicati on, but also the U.S. gover nment to more easily limit foreig n products in the U.S. dump

32、ing theU.S. an ti-dump ingauthorities in theimpleme ntati onprocess, the over-active means are ofte n con trary to theU.S. in the WTO un der the obligatio n, whether the WTO or the North America n Free Trade Area (NAFTA) have made the United States violated its administrativeobligationsun der the tr

33、eaty or agreeme nt determ in atio n, but the U.S.Con gress, it seems that the only in ter natio naljudicialbody ruled that the interests of the representativesofforeig n firms to achieve the effect of weake ning the U.S.an ti-dump ing law.releva nt provisi ons of U.S. trade in rece nt years, new pro

34、gress has bee n reflected in this con text .2000 October the U.S. Congresspassed the Byrd Amendment(ByrdAmendment).Accordingto the Byrd Amendment, U.S.Customsshouldbe basedon the previousyearanti-dumpingorder or countervailingduty order underthe &It;<1921anti-dumping ruling and to foreigncompa ni

35、 es,the an ti-dump ingand coun tervaili ngdutydeposited in a special acco unt and on an annual basis in proporti on to directly allocated to the lift and support the an ti-dump ing and coun tervaili ng acti ons and damage tothe interestsof U.S. companies,rather than the U.S.Treasury to cover its rea

36、s on able costs, and as a result of the continueddumpingand subsidy offset . ByrdAmendment provides subsidies as an object, only to support the dump ing / subsidy applicati ons for domestic producers, the productionof domestic producers ofsimilar products, this ben efits not only to en courage themt

37、o apply for stimulus, but more importantly is to make They support the anti-dumping investigation, leading to more applications from happening. effect of the bill proposed by the United States in 2001, the number of an ti-dump ing in vestigati on hit a record high.Was ann ou need in the WTO 2003 Act

38、 violatedthe WTO Agreement, the United States until two years after the acti on bega n the U.S. Sen ate in December 21, 2005 by 51 votes to 50 votes a slight adva ntage, by the aboliti on of the Byrd ame ndme nt resolutio n, although theU.S. Con gressto repeal the bill, but repealed theresoluti on a

39、lso in cludes the n ature of a compromise withthe terms of the repealed Act will be postp oned to take effect until October 2007.Striking is the Byrd amendmentafter theaboliti on of the House of Represe ntatives in January 2007 made a trade PHIL amendmentHR708, the bill onan ti-dump ing law has seve

40、ral sig ni fica nt cha nges:(1) The Act amendedthe Tariff Act of 1930, theUn ited States Intern ati onal Trade Commissi on (ITC) in theprocess ofrecog niti onofan ti-dump ingandcoun tervaili ng factors must be con sideredto furtherreduce an ti-dump ing in vestigati on of the in terested party filing

41、 an application to the minimum burden of proof sta ndard.In the prese nt specificati on, the dump ing mustdo to domestic producers of similar products cause substa ntial damage, ITC can make a firm con clusi on that the U.S. court ruling has been made: asked the ITC to make such ide ntificati on mus

42、t be prese nt to be attributed to the substa ntial damage The low-priced products for the eleme nts in volved, if only imported products in volved less than a fair price and the fact that the domestic industry suffer two co-exist, it does not n ecessarily imply a causal relationshipbetween other wor

43、ds, the real damage andless tha n a fair price causal relati on shipbetwee ntheproducts, con stitute the eleme nts of dump ing determ ined based on this an alysis less tha n fair price of imports on the domestic in dustry, the impact of an ti-dump ing in vestigatio n must be carried out in the eleme

44、 nts, however, PHIL ame ndme nt proposed HR708 will the establishme nt of the causal relationshipof the elementsof a majorchange, as passage said the bill: The Committee do notneed to import the product concerned is linked to theimporta nee of other econo mic factors ide ntified. This text not only

45、reduce the standard of review of anti-dumping in vestigatio ns, result ing in low imported products at a fair price, temporary damage caused by the domesticin dustrymay also beun derthe sta ndardform ofiden tificati onwith the cause and effect relati on ship;thesame time,it also cha ngedthe Trade Ac

46、t of 1974iden tifiedinthe United States imports harm domesticproducers ifthe standardof review , just shows thatimports have caused serious damage or threat of seriouslegal requirementsharm caused, and delete the currentfor imported products must be an importantcause ofdamage con diti ons.(2) HR708

47、expa nded the object ofan ti-dump ing in vestigati ons, an in crease of the so-calleddownstream dumping type, ie, if the commoditycompositionof imports, as some parts of dumping, theU.S. producti on of parts for in dustrial imports substa ntial damage or or substa ntial threat of damage to the in du

48、stry to establish a real hindranee, then the U.S. governmentshould also impose an ti-dump ing duty of imported goods.(3) HR708 will cause a cha ngeon thein vestigatio n process, that ITC is curre ntly in volved in thecase of exports to the U.S. if the trace on the nu mber of products,that is not exc

49、ludedfrom the investigationbecause gen erally con sidered to be below a fair price of importedgoodsif it is micro, the domestic prices ofsimilar products do not pose too much in flue nee, so the industry does not cause significantdamage, but HR708has asked the ITC to be involvedin the export product

50、exporter trace must be con sidered.(4) In calculating the dumping margin part of the Ministry of Commerce of the Act requires U.S. importers should pay an ti-dump ing tax, start ing with theU.S. sales price is deducted which would reduce the average U.S. selli ng price of goods, thus caus ing prices

51、 to in crease U.S. sales whe n compared with the no rmal price gap, the differenee between the expansion of dumping margin.The bill also includes other anti-dumpinglaws cha nge, largely caused by the an ti-dump ing relief easier to obtai n results.After the abolition of the Byrd amendment, supported

52、 an ti-dump ing system must seek to en courage applica nts to support domestic in dustries to apply an ti-dump ingand othermea ns,if HR708 bill thatCongress passed in the United States, will enable ITC to identify the damage and the Department of Commerce found dump ing more is easy.An ti-dumpi ngCa

53、se Study 32004, U.S.shrimp an ti-dump ing case is a case con troversialU.S.shrimp in dustry had in 2004, six coun tries (Thaila nd, Chi na, Vietnam,India, Brazil and Ecuador) exporters to applyanti-dumping investigation. After year s survey, the lastof the six countries the U.S. Department of Commer

54、ce, n early 100 an ti-dump ing duties levied on exporters, which in additionto Chinese exporters due to the non-marketeconomy is calculated to be very high dump ing margins, and some manufacturersin Vietnamhave also beenhigher an ti-dump ingduty, other coun triesexporters offinal average anti-dumpin

55、gduty levied at 3% to 11% in2006, Thaila nd and In dia on the U.S. shrimp an ti-dump ing case take n in violatio n of WTO An ti-Dumpi ng Agreeme nt approach to the WTO s dispute settlement body to apply the dispute resoluti on procedures, to February 29, 2008, WTO expert panel issued a shrimp an ti-

56、dump ing disputes expert s report, the report concluded that the U.S. shrimp an ti-dump ing case in violatio n of its commitme nts un der the WTO obligatio ns require it to take measures to ame nd.Accordingto current U.S. anti-dumpinglaws,in volv ing an ti-dump ing duties levied on goods to be one y

57、ear from the Mini stry of Commerce of cases every year to inform in terested parties of applicati ons for admi nistrative review, review is primarily aimed at the Ministry of Commerce of the previous year to check the dumping margin, and may new people off the deposit rate and the case of the applicant or the respondent received notice exporters can decide whether to review the applicati on, if no application is made, the original anti-dumping duty con ti nues to apply.In the shrimp an ti-dump ing cases, the majority of foreig n exporter