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1、Countermeasures Against EUs Anti-dumpingBy Cheng Yongru Bureau of Fair Trade, the Ministry of Commerce of PRC Xiamen Sept. 9, 2008Date1OutlineHistory of European Union (EU) and EUs Common Commercial Policy EU and Anti-dumping EUs Anti-dumping Decision Making Process and Multi-party Bargaining Overvi
2、ew of EUs Anti-dumping against China andMajor Issues Concerned Countermeasures Against EUs Anti-dumpingDate2History of European Union (EU) and EUs Common Commercial PolicyTreaty of Paris(1951) Treaty of Rome(1957) Treaty of Brussel (Merger Treaty 1965) Single European Act(1986) Treaty of Maastricht
3、(1992) Treaty of Amsterdam(1997) Treaty of Nice(2001) Treaty of Lisbon(2007)EUEuropean CommunityCommon Foreign and Security PolicyCommon Justice and Home Affairs PolicyEuropean Union is the most complicated polity that has ever been designed.- Phillip C SchimmitterDate3History of European Union (EU)
4、 and EUs Common Commercial PolicyMember States of EU: *Initial Members：France(29), Germany(29), Italy(29), Belgium(12), Holland(13), Luxembourg(4)； UK(29), Ireland(7), Denmark(7)； Greece(12)； Spain(27), Portugal(12)； Sweden(10), Finland(7), Austria(10)； Czech Republic(12), Cyprus(4), Estonia(4), Hun
5、gary(12), Latvia(4), Lithuania(7), Malta(3), Poland(27), Slovakia(7), Slovenia(4)； Romania(12), Bulgaria(12) Overview of EU: Population: 518 million; Area: 4.22 million sq. km. GDP in 2007: USD 16.8 trillion, accounting for 31% of world GDP, GDP per capita: USD 32,000 (cf. Chinas GDP in 2007: USD 3.
6、3 trillion, accounting for 6% of world GDP, GDP per capita: USD2,460).Date4History of European Union (EU) and EUs Common Commercial PolicyFree Trade Area: The reduction or elimination of customs tariff and restrictions on trade within EU is accomplished; however, the Member States retain the soverei
7、gnty over their policymaking relating to the trade with third (non-EU) countries.Custom Union: It purports to eliminate or reduce customs tariff between Member States within EU and to establish a uniform tariff policy toward non- EU countries. Common Market: It purports to achieve the free movement
8、of goods, services, and production factors (individuals, capital) within EU. Economic and Monetary Union: It purports to accomplish the combination of EU Member States into a cohesive economic system by eliminating the barriers on economic and trade activities (e.g. competition, labor market, enviro
9、nment, etc.) and by adopting common policies in various economic and monetary fields by Member States. Date5History of European Union (EU) and EUs Common Commercial PolicyEuropean Council Council of the European Union/Council of Ministers Common Commercial Policy (Article 113 of Treaty of Rome, with
10、 the extension provided in Article 133 of Treaty of Nice): The common commercial policy shall be based on uniform principles, particularly in regard to changes in tariff rates, the conclusion of tariff and trade agreements, the achievement of uniformity in measures of liberalization, export policy a
11、nd measures to protect trade such as those to be taken in case of dumping or subsidies. Article 133 Committee. European CommissionDate6EU and Anti-dumpingSources of Law： Article 133 of Treaty of Nice (Treaty establishing the European Community) Council Regulation (EC) No. 384/96: Basic law on anti-d
12、umping Council Regulation (EC) No. 1515/2001: on the measures that may be taken by the Community following a report adopted by the WTO Dispute Council Regulation (EC) No. 452/2003: on measures that the Community may take in relation to the combined effect of anti-dumping or anti-subsidy measures wit
13、h safeguard measures Community Interest Test Lesser Duty Rule: The extent of injury Anti-circumvention Anti-absorptionDate7EU and Anti-dumpingAnti-dumping Investigation Organ: Directorate H, Directorate General for Trade, European Commission Anti-dumping Investigation：First Instance and Review Inves
14、tigation Results and Measures Adopted:：European Commission (investigation authority), Member States (decision authority)*Exclusive Competence of European Commission: to terminate anti-dumping investigations, accept promises, adopt provisional anti-dumping measures ( guarantee), propose recommendatio
15、ns on final anti-dumping measures and imposing provisional anti-dumping duties, determine the termination of anti-dumping measures by public announcement, and determine the refund and release of anti-dumping duties by determination *Council of Ministers enacts anti-dumping regulation based on the re
16、commendations proposed by European Commission: to adopt final anti-dumping measures and determine to finally impose provisional anti-dumping duties, conduct interim review and new shipper review to alter the initial measures, carry out anti-absorption investigations to alter the initial measures, carry out anti- circumvention investigations to extend the scope of application o
