The most popular anti-dumping content suitable for

2022-08-03
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The contents of anti-dumping applicable to commodity export in countries around the world (3)

(2) determination of prices in non market economy countries

alternative country prices. The substitute country price method means that when determining the normal value of the products involved in litigation, first select a substitute country with the economic development level of the country to which the imported products belong, and then take the domestic market sales price of the products in the substitute country as the normal value of the products involved in litigation. In 1985, in the anti-dumping case of paint brushes exported by the United States to China, Sri Lanka was considered to have the same level of economic development as China, and Sri Lanka was selected as a substitute country. Then Sri Lanka was selected as a substitute country according to the level of economic development of Sri Lanka and China, and the price of paint brushes sold by manufacturers of similar products in Sri Lanka in their country was taken as the normal value of the products involved in the lawsuit

export sales price of substitute country. If the domestic sales price of the product in the substitute country is not applicable, sometimes the sales price of the product exported to other automakers in the substitute country is used as the normal value of the product involved in the lawsuit

structural prices of substitute countries. If the substitute country does not produce the product or the relevant information obtained from the substitute country is not reliable, the structural price of the product in the substitute country shall be used. The specific measures are as follows: firstly, determine the quantity of raw materials, fuels, labor and other production factors invested by the exporting country of the product involved in the lawsuit to produce the product, and then obtain the price of production factors in the substitute country. Finally, multiply the former by the data obtained by the latter, plus a certain amount of management fees and profits, which is the normal value of the product. Since the 1990s, the United States has expanded the scope of application of this method to calculate the normal value of the products involved in the lawsuit. In the anti-dumping case against China, the connection of basically dumping dissimilar materials has become the focus of new material utilization, focusing on the use of this method of valuation in the alternative country of production

in the process of determining non market economy countries in the United States, whether the above prices of substitute countries, export sales prices of substitute countries, or structural prices of substitute countries are used, there is a problem of how to select substitute countries. In this regard, the subjective randomness of the parties. Do you still know the functional characteristics of the hydraulic universal testing machine for iron castings? Larger. Therefore, the anti-dumping law of the United States also stipulates that: the economic development level of the country selected as the substitute country should be equivalent to that of the country to which the product involved belongs; the selected substitute country should have "important producers of comparable products"

as for the substitute country stipulated in the anti-dumping law of the United States, it is worth noting that the substitute country can choose one country or many countries. In practice, the normal value of the products selected from non market economy countries may be the price of one substitute country or the average price of multiple substitute countries. The law does not specify when to adopt the price of one substitute country and when to adopt the average price of multiple substitute countries

European Union eu

similar to the United States, the European and American anti-dumping laws are also divided into market economy countries and non market economy countries according to the methods for determining the normal value of the products involved in the lawsuit

first, the determination of the normal value of market economy countries

according to the EU anti-dumping law, the normal value of market economy countries refers to the actual paid or payable comparable prices of similar products used for consumption in the domestic market of the exporting country or the country of origin in the normal course of trade

4. Force measuring sensor: the measurement range is 0-20kn (1) the price in the exporting country

the price in the exporting country is the market price of similar products used for domestic consumption in the exporting country. In the EU anti-dumping practice, this method is the preferred method to determine the normal value, but it must meet the following conditions:

during the anti-dumping investigation, all domestic sales should not be less than 5% of the export volume. "Investigation period" refers to the period of about 6 months before filing a case, and the longest period shall not exceed 12 months

domestic sales should not be carried out in the course of abnormal trade. "Abnormal trade" usually refers to the related relationship or some compensation arrangement between domestic sales traders and sales below cost

products for domestic sales and export products must belong to the same kind of products. In practice, there is only a small difference between the two and they are also regarded as similar products

when the above conditions are met, it will be directly determined as the calculation basis of normal value. If the export product involves multiple enterprises or exporters in the exporting country, the weighted average income of each qualified domestic market sales price shall be taken as the calculation basis of normal value

(2) third country price

if the product involved in the lawsuit or the product similar to it is not sold in the domestic market of the exporting country or the country of origin, or the sales are carried out in abnormal trade, or the domestic sales volume is not representative, the comparable value of the product exported to the third country may be the highest price of such product, However, the following requirements shall be met:

the export price of the product shall be the actual trade price exported by the exporter to a third country

the product should have a certain sales volume in the third country, but the law does not specify the specific proportion of sales volume, which will be decided by the European Commission in practice

in 1980, in the dumping case of Korean grain essence exported to the EU, the price of saccharin exported to Australia was chosen as the normal value of the case because the sales volume of saccharin in the Korean domestic market was conducted in abnormal trade

if it is found that the products involved in the lawsuit are dumped in a third country in addition to the EU and are subject to anti-dumping investigation, then the application of the third country price will be excluded and the application of the structure price will be considered instead. The practice on this point is different from that of the United States. The application of the EU's exclusion of third country prices is generally based on the discovery of the fact that whether the oil circuit from the oil tank to the oil pump is connected before starting, while the United States rarely applies the third country prices in practice based on a subjective assumption that dumping also exists against the third country

(3) structural price

if the prices of exporting countries and third countries are unable or unwilling to apply, the application of structural price shall be considered

the structural price is equivalent to the sum of the cost of production factors, product sales and general and administrative expenses and a certain range of profits. The determination of profits and expenses is not the same as that of the United States. The profit value here generally takes the average value of the profits of similar products. Production costs include fixed costs and variable costs composed of raw materials, closed products and parts, wages, water supply, taxes, repair and maintenance of plant equipment, interest and other expenses. These costs often have different cost values in different periods. Generally, the cost during the counter investigation period is used as the standard for calculating the normal value

(to be continued)

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