(1) The export price of enterprises in China is too low, which damages the market of importing countries and leads to trade protection of local governments.
(2) China's "non-market economy status" market, China agreed to be treated as a "non-market economy" country in anti-dumping cases against its exports within 200 1 year 15 years after its accession to the WTO, which led to the disadvantage of choosing a "substitute country" to compare commodity prices in anti-dumping cases.
(3) Domestic enterprises have a low awareness of anti-dumping, and importing countries have launched anti-dumping investigations many times.
Second, the countermeasures, from the perspective of China enterprises:
(1) is to use the relevant agreements of WTO, including GATT 1994, the agreement on the implementation of Article VI of GATT 1994 and the relevant domestic laws of member countries, and actively use relevant laws and regulations to search for evidence, whether the export products pose substantial obstacles or threats to the relevant product markets of importing countries.
(2) Even after the anti-dumping investigation, the importing country issued a final ruling, demanding the imposition of anti-dumping duties, making good use of the anti-dumping retrospective collection system of the importing country, actively conducting annual review, and striving to obtain a lower tax rate through review and return to the country's market.
(3) Pay close attention to other market trends, take measures in advance, control the export rhythm, and try to avoid new trade remedy investigations.
(4) The enterprise should set up a team of lawyers and accounting professionals in time to do a good job in responding to the lawsuit.
From the government's point of view, China's anti-dumping laws are not perfect, and the legislative defects are obvious. Therefore, the government should combine WTO rules, strengthen anti-dumping legislation, solve the problem of legal basis as soon as possible, and make enterprises have laws to follow in responding to lawsuits. At the same time, our government should establish early warning mechanism, emergency handling mechanism and specialized handling institutions as soon as possible, which can respond quickly in a short time and make effective countermeasures to change the situation of passive beating in the past. It is also necessary to strengthen the training of specialized legal talents, improve defense ability and skills, and master relevant foreign-related laws skillfully.
From the perspective of trade associations, China's enterprises are relatively scattered, and the strength of a single enterprise is limited, and the intensity of foreign negotiations is small, so they are often on the weak side in dealing with anti-dumping; It is also difficult for a single enterprise to understand and control the whole industry in time, so it is difficult to safeguard the legitimate interests of enterprises. Therefore, trade associations should actively play an organizational role and make use of their own advantages in information, cost, authority, public relations and talent technology to promote their leading role in dealing with anti-dumping.