The most popular anti-dumping content suitable for

2022-07-29
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Anti dumping contents applicable to commodity export in countries around the world (5)

■ australia

first, determination of normal value in market economy countries

(1) price of exporting country

according to Australian tariff law, the price of exporting country refers to the price actually paid for "long arm transaction" of similar products for domestic consumption of exporters in the normal process of trade. If the products are not sold in China, Is the selling price of the same product. Applying this method to determine the normal value should meet the following three conditions: domestic sales should be carried out in the course of normal trade; The domestic sales of similar products by exporters should be a "long arm transaction"; Unless the minister agrees, domestic sales should account for more than 5% of Australia's sales

(2) other selection methods

if the above conditions are not met and relevant information cannot be obtained from the exporting country within the specified time, one of the following three methods can be used to determine the normal value of the exported product. First, the price of exports to third countries; Second, structural price or production cost price; First, the minister specifies the price

second, recognition of non market economy countries and determination of normal value

(1) determination of normal value of non market economy countries

Australia's anti-dumping law has four special methods for determining the normal value of products from non market economy countries:

the price of "long arm transaction" selected by the minister as the domestic consumption of the substitute country is taken as the normal value of similar products in the normal trade process

take the price of similar products of the substitute country exported to the third country as the normal value

calculate the production cost, certain expenses and expenses, and certain profits of similar products in the substitute country, and take the sum of the three as the normal value

take the price produced or sold in Australia similar to the sued product and sold in Australia as the normal value

(2) identification of non market economy countries and substitute countries

Australia's anti-dumping law does not provide detailed standards on how to determine non market economy countries, but only believes that those countries that monopolize all or substantially their trade, and that the spring decides to control piecemeal power-off or have a great impact on the export price of products are non market economy countries. China has always been considered as a non market economy country

Australian law has made principled provisions on the selection of substitute countries. Firstly, the selected substitute countries should have a similar consumption structure with the countries involved in the litigation; Second, there should be a similar level of economic development, especially in industry

■ Japan

in anti-dumping, Japan interprets normal value as the price of similar products or other prices used for domestic consumption in the exporting country in the normal trade process? quot; The price of similar products in the exporting country "is the basic method to determine the normal value, but it must be the price generated in the process of normal trade. That is, the price generated in the process of abnormal trade cannot be regarded as the normal value.

as for" other prices " "There are two kinds of prices. One is the price that the exporting country exports similar products to any other country except Japan; the other is the price that includes the production cost of imported products plus reasonable profits and the general expenses of similar products in the country of origin.

abnormal trade refers to two cases: those lower than the production cost, the domestic sales in the exporting country are carried out between related parties, and those that are considered not to be used as normal value Price of

■ New Zealand New zealand

in its anti-dumping law, New Zealand defines normal value as the actual sales price of similar products used for domestic consumption in the exporting country in the normal trade process under the long arm transaction conditions. However, if the normal value cannot be determined, the normal value of the products involved in the lawsuit can be determined by referring to one of the following two methods: first, the cost of domestic production or processing of similar products in the exporting country plus the appropriately adjusted management and sales expenses, freight and profit; The second is the sales price of the same kind of representative products exported to a third country in normal trade under the long arm transaction conditions

it can be seen that the New Zealand anti-dumping law has its unique requirements on the third country price determination method, that is, the price exported to the third country should be the sales price generated in the normal trade process under the long arm transaction conditions

■ South Korea, Normal value refers to the positive "normal transaction price" of similar products used for domestic consumption in the exporting country. However, there is no clear definition of "normal transaction price", which can be understood as the "fair value" of the U.S. anti-dumping law ", it is required that the product should reach the normal commercial transaction volume and be carried out in the normal course of trade.

if there is no domestic transaction of similar products in the exporting country, or if the transaction price is inappropriate due to the strong function of Microcomputer in the domestic market, it should choose one of the comparable prices or structural prices of similar products exported to a third country as the normal value. The comparable prices and structural prices of a third country in South Korea The specific standards of the two methods have not been legislated yet

if the products involved in the lawsuit are re exported to South Korea through an intermediary country, the normal value shall be the normal transaction price of the domestic similar products in the re exporting country. However, if the products involved in the lawsuit are only transshipped through an intermediary country or there is no record of similar products in the intermediary country, the normal transaction price of similar products in the exporting country shall still apply

if the exporting country is a non market economy country, the following methods should be adopted to determine the normal value: the normal transaction price of similar products used for consumption in market economy countries above South Korea; Export prices to third countries including South Korea; The structural price calculated on a certain basis

(to be continued)

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