l, the concept of dumping and the determination of the dumping margin
The concept of dumping is “if the export price of a product exported from one country to another is lower than the comparable price of the same product intended for consumption in the normal trade of the exporting country, ie below the normal value of the product into another National business, this product is considered dumping."
The principles for determining the margin of dumping include:
First, a fair comparison between export prices and normal values, which should be compared at the same level of trade, that is, sales at the ex-factory price level and as close as possible to the same time. Various factors affecting the price comparison can be considered according to the specific conditions of each condition. These factors include the status and conditions of sales, taxes, trade levels, quantities, physical characteristics, and so on.
Second, the exchange rate on which the currency is converted. When the price comparison needs to be converted into currency, it shall be based on the exchange rate on the sales date. The sales date refers to the date of the transaction contract, purchase order, confirmation order or invoice.
Third, the basis for the establishment of the dumping margin during the survey should normally be compared between the weighted average normal price and the weighted average price of all export transactions, or between the normal value and the annual transaction price.
Fourth, compare the prices of imported goods through intermediate countries. If the product is not imported directly from the country of origin, but is imported through an intermediate country, the price of the product sold to the importing member is usually compared to the comparable price of the exporting country, but it can also be compared to the price of the country of origin.
2. Anti-dumping investigation
The Anti-Dumping Agreement stipulates that a member must conduct an anti-dumping investigation before taking anti-dumping measures. The purpose is to check whether there is dumping, industrial damage and the direct causal relationship between the two. Anti-dumping investigations are carried out by the importing government authorities, but the initiation of an anti-dumping investigation must begin with a written request from the industry or its representative allegedly damaged by the importing party.
A written application should include the following evidence: the status of dumping, damage to the industry, and direct domestic relations between dumping and damage. The information required to illustrate the evidence includes the following: (l) the identity of the applicant and the production value and quantity of the same product in the territory represented by the applicant; (2) a complete description of the product deemed to be dumped, including the product The name of the country in which it is located, the name of the country of export or country of origin, a list of known importers of the product; (3) the price information of the goods in question when they are sold in the domestic market of the country of origin or the country of export, information on the price of the export, or The price information of the product when it is first resold by an importer to an independent buyer; (4) The change in the quantity of imports of the alleged product, the impact on the price of the same product in the domestic market, and the extent and information on the subsequent impact on the domestic industry. Indicates economic factors and indices that affect the state of the industry.
After receiving the written application, the importing authority shall rely on the accuracy and adequacy of the evidence submitted by it. Decide whether to initiate an investigation. If the evidence lacks accuracy and adequacy, the investigation should not be initiated; otherwise, a dumping investigation can be initiated. However, before the investigation is initiated, the authorities should notify the relevant exporting government; and it does not prevent the completed goods from completing the customs clearance procedures.
under special condition. If the importing authority decides to initiate an investigation without receiving a written application from the domestic industry or on behalf of the domestic industry to initiate an investigation, it can only begin if there is sufficient evidence of dumping, damage and causality.
Termination conditions for anti-dumping investigations: (1) After the investigation begins, the relevant authorities find that the evidence of dumping or damage is insufficient and should terminate the investigation as soon as possible; (2) The relevant authorities determine that the dumping margin is less than 2% of the normal value or the import of dumped products Or the damage can be neglected (for example, the import volume of dumped products is less than 3% of the same product in the domestic market of the importer).
The investigation should be terminated:
Duration of anti-dumping investigation: Under normal circumstances, anti-dumping investigations should be completed within one year after the start, and the maximum period cannot exceed 18 months.
3. Evidence review
After the importing government authorities decide to initiate an anti-dumping investigation on an imported product, they shall notify all interested parties of the contents of the investigation and the information required to be provided, including: the exporter or foreign producer under investigation or the import of the product under investigation. Manufacturers or chambers of commerce or trade associations (most of whom are producers, exporters or importers of the product) producers of the same products imported by the exporting government, or chambers of commerce or trade associations (the members of which are similar in the territory of the importing member) The majority of products).
The exporter or foreign producer shall reply within 30 days after receiving the investigation form of the anti-dumping investigation of the imported product, and may extend it for another 30 days if necessary.
During the entire anti-dumping investigation, all parties should have ample opportunity to defend their interests (written statements, face-to-face debates, verbal reactions); the investigating authorities are obliged to provide the parties with all relevant information in a timely manner; After obtaining the consent of the relevant enterprises and foreign governments, anti-dumping investigations can be investigated in Other countries.
Before making a final decision. The anti-dumping investigation authority should inform all interested parties of the main facts that are the basis of the final ruling and provide sufficient time for them to continue to defend their interests.
Source: HC Network
1
The concept of dumping is “if the export price of a product exported from one country to another is lower than the comparable price of the same product intended for consumption in the normal trade of the exporting country, ie below the normal value of the product into another National business, this product is considered dumping."
The principles for determining the margin of dumping include:
First, a fair comparison between export prices and normal values, which should be compared at the same level of trade, that is, sales at the ex-factory price level and as close as possible to the same time. Various factors affecting the price comparison can be considered according to the specific conditions of each condition. These factors include the status and conditions of sales, taxes, trade levels, quantities, physical characteristics, and so on.
Second, the exchange rate on which the currency is converted. When the price comparison needs to be converted into currency, it shall be based on the exchange rate on the sales date. The sales date refers to the date of the transaction contract, purchase order, confirmation order or invoice.
Third, the basis for the establishment of the dumping margin during the survey should normally be compared between the weighted average normal price and the weighted average price of all export transactions, or between the normal value and the annual transaction price.
Fourth, compare the prices of imported goods through intermediate countries. If the product is not imported directly from the country of origin, but is imported through an intermediate country, the price of the product sold to the importing member is usually compared to the comparable price of the exporting country, but it can also be compared to the price of the country of origin.
2. Anti-dumping investigation
The Anti-Dumping Agreement stipulates that a member must conduct an anti-dumping investigation before taking anti-dumping measures. The purpose is to check whether there is dumping, industrial damage and the direct causal relationship between the two. Anti-dumping investigations are carried out by the importing government authorities, but the initiation of an anti-dumping investigation must begin with a written request from the industry or its representative allegedly damaged by the importing party.
A written application should include the following evidence: the status of dumping, damage to the industry, and direct domestic relations between dumping and damage. The information required to illustrate the evidence includes the following: (l) the identity of the applicant and the production value and quantity of the same product in the territory represented by the applicant; (2) a complete description of the product deemed to be dumped, including the product The name of the country in which it is located, the name of the country of export or country of origin, a list of known importers of the product; (3) the price information of the goods in question when they are sold in the domestic market of the country of origin or the country of export, information on the price of the export, or The price information of the product when it is first resold by an importer to an independent buyer; (4) The change in the quantity of imports of the alleged product, the impact on the price of the same product in the domestic market, and the extent and information on the subsequent impact on the domestic industry. Indicates economic factors and indices that affect the state of the industry.
After receiving the written application, the importing authority shall rely on the accuracy and adequacy of the evidence submitted by it. Decide whether to initiate an investigation. If the evidence lacks accuracy and adequacy, the investigation should not be initiated; otherwise, a dumping investigation can be initiated. However, before the investigation is initiated, the authorities should notify the relevant exporting government; and it does not prevent the completed goods from completing the customs clearance procedures.
under special condition. If the importing authority decides to initiate an investigation without receiving a written application from the domestic industry or on behalf of the domestic industry to initiate an investigation, it can only begin if there is sufficient evidence of dumping, damage and causality.
Termination conditions for anti-dumping investigations: (1) After the investigation begins, the relevant authorities find that the evidence of dumping or damage is insufficient and should terminate the investigation as soon as possible; (2) The relevant authorities determine that the dumping margin is less than 2% of the normal value or the import of dumped products Or the damage can be neglected (for example, the import volume of dumped products is less than 3% of the same product in the domestic market of the importer).
The investigation should be terminated:
Duration of anti-dumping investigation: Under normal circumstances, anti-dumping investigations should be completed within one year after the start, and the maximum period cannot exceed 18 months.
3. Evidence review
After the importing government authorities decide to initiate an anti-dumping investigation on an imported product, they shall notify all interested parties of the contents of the investigation and the information required to be provided, including: the exporter or foreign producer under investigation or the import of the product under investigation. Manufacturers or chambers of commerce or trade associations (most of whom are producers, exporters or importers of the product) producers of the same products imported by the exporting government, or chambers of commerce or trade associations (the members of which are similar in the territory of the importing member) The majority of products).
The exporter or foreign producer shall reply within 30 days after receiving the investigation form of the anti-dumping investigation of the imported product, and may extend it for another 30 days if necessary.
During the entire anti-dumping investigation, all parties should have ample opportunity to defend their interests (written statements, face-to-face debates, verbal reactions); the investigating authorities are obliged to provide the parties with all relevant information in a timely manner; After obtaining the consent of the relevant enterprises and foreign governments, anti-dumping investigations can be investigated in Other countries.
Before making a final decision. The anti-dumping investigation authority should inform all interested parties of the main facts that are the basis of the final ruling and provide sufficient time for them to continue to defend their interests.
Source: HC Network
1
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