EU Anti-dumping Cases Related Issues Shoes Analysis

se Ambassador to the World Trade Organization onstrong exports, indicating European industry is
April 20 formally requested the WTO set up expertcompetitive, there was no need for protection.
groups to investigate and rule EU shoe anti dumpingEuropean industry in global supply chain, and gradually
measures taken in violation of international trademove towards high end market, their products do
rules. Day meeting of the WTO Dispute Settlementnot directly compete with Chinese products, to
Body meeting, the Chinese delegation pointed outcontinue the anti dumping on China without any solid
that the EU's shoe anti dumping measures, whethergrounds. In addition, the public interest standard to
procedural or substantive violation of WTO relatedjudge, can not prove the legitimacy of its anti
agreements at all. The author believes that the EUdumping measures and legitimacy.The intervention of
anti dumping measures on China shoes is the essencethe authorities in determining whether the Community
of trade protectionism, in violation of World Tradeinterest, it should be all the different interests of the
Organization agreements, undermine the internationalevaluation as a whole. However, the fact that a large
free trade order, not only harm China relatednumber of EU decisions and not take into account
industries, but also the interests of the EU memberthe relevant industry organizations, business interests
states caused by consumers loss of certain benefits.and demands of consumers. Therefore, the anti
First, EU shoe anti dumping cases the basic situationdumping measures taken since it is not out of the
of starting from October 2006, the EU began toCommunity interest, there is no justification for anti
impose on Chinese leather goods 16.5% anti dumpingdumping measures, naturally, against the public
duties; Chinese shoe exports to Europe, productioninterest criteria for judging.
has been reduced by 20%, resulting in some of ChinaThird, should the laws of EU anti dumping policy
20,000 workers lose their jobs. October 2008, at the(A) full use of EU legal relief channels. First to make
expiry of anti dumping measures in the occasion offull use of EU law relief channels. "EU Treaty" Article
the EU regardless of the interests of consumers and173 provides: impose anti dumping duties with the
the strong opposition from China, but also initiated aparties directly concerned to the European courts for
review of the final. The European Union on Dec. 22,review of the effectiveness of anti dumping order.
2009, announced the decision to extend productionChinese shoes enterprises should initiate proceedings
to China and Vietnam have imposed punitive tariffsto start judicial review, and asked the European court
on footwear period of 15 months. The Chineseto review the entire case. Recommendations from
government on February 4, 2010 the EU's shoe antithe European Commission ruled in China related
dumping cases to resort to the WTO, the two sidescompanies and entities in the process perspective of
on the case then launched a 60 day bilateralproblems in the complaint, pay special attention to
consultations. The two sides on March 31 in view ofdefense from a public interest standard. EU anti
the recent round of consultations was held unable todumping law clearly required in the implementation of
find a mutually satisfactory solution, China on April 20any anti dumping measures should be carried out
formally requested WTO dispute settlement bodybefore the investigating authorities examine the public
set up expert groups to ensure that China'sinterest, which is anti dumping duties is a necessary
legitimate rights and interests are protected. Daycondition. In general, a country in the implementation
meeting, the Chinese side requests the EU expressedof anti dumping measures, the most direct loss of
"regret", and in accordance with procedures topublic interest is the loss of importers and end users.
prevent the establishment of expert groups. As longTherefore, Chinese enterprises should strengthen and
as China was held in the next month again at theimporters and end users of multilateral cooperation,
Dispute Settlement Body request to set up anto use their native strengths, enhance the overall
expert group, the group will automatically set up.defense capability in responding.
Second, the EU anti dumping measures on China(B) actively use the WTO dispute settlement
shoes procedures and physical analysis of impropermechanism. China should actively make use of WTO
(A) the nature of international trade protectionism.dispute settlement mechanism. In view of the EU anti
Extend the EU's unfair anti dumping measures ondumping legislation and enforcement measures were
China shoes, in essence, the post crisis era and itsnot strictly abide by WTO rules, China certainly has
frequent implementation of trade protectionism,the right within the framework of the WTO dispute
China's continuing policy inertia ??. Of the EUsettlement legislation and this appeal against the ruling.
footwear industry has been going on for 14 years ofThe Chinese government was February 4, 2010 the
trade protection, at present there is no damage toEU's shoe anti dumping cases to resort to the WTO;
the EU footwear industry conditions, to extend antiand on April 20 formally requested the WTO to set
dumping measures the EU footwear industry wouldup expert. The author believes that the focus of our
not benefit, only harm the interests of relatedgovernment the next step should be defined as:
industries in China and EU consumers. November 19,active use of WTO dispute settlement mechanism,
2009, at the European Commission anti dumpingthe defense presented evidence of strong reasons
advisory committee, the representatives of EUto protect the legitimate rights and interests of
member states the majority of the facts from anChina's shoe industry.
objective, anti dumping measures against the further(C) strengthen the EU negotiations between the
extension. But the EU eventually succumb to thepolitical and economic fields. Recovery process in the
pressure of trade protectionism, insisting on Chineseglobal economy, countries in particular to avoid the
made shoes to extend anti dumping measures,abuse of trade protection measures, should be
indicating the path of trade protectionism, the moresought through dialogue and cooperation and mutual
lines farther. Breach of international commitments, thebenefit and win win solution. In addition to legal
EU openly implement its policy of trade protectionism,channels, the Chinese government should continue to
the Chinese shoes anti dumping investigations andstrengthen bilateral negotiations with the EU side to
decisions, in violation of WTO rules related to theproperly resolve the trade disputes. Negotiations led
detriment of the legitimate rights and interests ofby the EU's emphasis on the concerns of China, in
Chinese enterprises, in fact, both the EU membergood faith to resolve trade disputes, the early
states punish consumers and can harm the EU's longresumption of shoes free trade. At present, the EU
term political economic and trade relations withmembers for the restoration of normal trade of
China's healthy development.footwear products relatively strong desire; therefore
(B) in violation of WTO related rules of procedure. EUurge the EU negotiations are expected to respect
Trade Commission in violation of anti dumpingthe facts, listen to public opinion, to immediately stop
investigations trade principle of fairness, the Chinesethe anti dumping measures on China shoes.Other
shoe enterprises ignore the evidence submitted, thehand, China should join other anti dumping victim of
program obviously inappropriate. European Court ofthe EU improper, not to impose anti dumping
Justice in the Interpretation of anti dumping lawmeasures and objective international political and
Tiaokuan process, is entirely based on the Europeaneconomic pressure, prompted the EU to give up as
Union in December 2009 announced the sunsetsoon as possible the discriminatory anti dumping policy
review of China's ruling shoes, mainly based on fieldtowards China.
verification of the case the EU does not comply with(D) make good use of China's anti dumping,
WTO related rules of procedure. In the case of thecountervailing and safeguard measures. International
review process, of Chinese partner by the EU Tradetrade protectionism and free trade offsetting the
Commission of unfair treatment, do not get enoughother, to some extent also the international political
right to justify anti dumping charges, the EU ruling, ofand economic course of the game between the
course also with departure from the principle offorce of law. Therefore, China should further improve
equality seriously. The author believes that theour anti dumping, countervailing and safeguard
reason why the EU to extend anti dumping measuresmeasures in the legal system and revise the related
on China shoes, trade protectionism is one of thelaws and formulation. Implementing the Anti dumping
important reasons which, on the other hand the EUand countervailing regulations, handle cases with
market economy status and application of standardefforts to improve the quality of case handling,
procedures identified a key reason for the confusionbetter protection of domestic industry. In order to
is. In fact, in the review process of investigation,fully play to the anti dumping, countervailing role of
exporters, importers, exporters and representativeslegal means, for the domestic industry has made
of the Community producers on the issues raised inapplication, allegation of dumping, the domestic
the review set, the right of rebuttal or comment byindustry showed clear signs of the products Sun Hai,
undue restrictions, the Chinese enterprises, relevantbe sure to Guiding the time the law placed on file
enterprises and consumers in the EU interestwithin the Jishi. Further speed up the investigation and
demands have not been given due attention.Theadjudication of cases the progress made so that the
European Union's decision procedure in anotherdumped imports and the domestic industry suffered
member of its decision not to discuss, simply by ainjury in time be protected by law. Improve the
"rubber stamp" approach by not only being ainvestigation and adjudication of rules, norms handling
member of the opposition half, has also been relatedprocedures, adhere to the principle of fair and
to the European mainland enterprises in China protestequitable handling of cases, improve the industrial
. The fundamental reason lies in its decision process isdamage investigation and adjudication of the quality
neither fair nor transparent, a serious violation of theand level. Improve the industrial injury early warning
WTO principle of fair and transparent.mechanism, analysis, and import and export situation
(C) in violation of WTO rules related entities.of international competition, the impact on the
According to WTO "Anti Dumping Agreement"national economy, judging the industrial safety and
requirement, the minimum dumping constitutes ascientific index system damage; timely forecasting
large, serious harm to the domestic industry, dumpingand warning, to ensure sustained and stable
and injury, causal relationship between. The EU's shoedevelopment of related industries.
anti dumping measures, in fact, did not have theseIn summary, the world's economic development
conditions. Substantial evidence that the fact thatshould be oriented towards free trade and trade
there is no dumping, dumping damage is nonsense;liberalization, particularly in the context of the financial
there is no reasonable evidence that, within thecrisis, any protectionist measures would be on the
meaning of the number of dumped imports and theworld economy is recovering and obstacles, should be
price level and the Community industry within theget rid of. The relevant Chinese government
meaning of the damage to the causal link. China'sdepartments, industries and companies, to clearly
Ministry of Commerce, Bureau of Fair Trade relatedunderstand the situation, positive response,
person in charge pointed out that China's shoestrengthen coordination, master the rules of the
exports up to thousands of companies, mostlyWorld Trade Organization, proficient in related
private or foreign, in this highly competitive market,domestic trade laws, dare to take up legal arms,
companies can not sell below cost product to makeprotect the state's overall interests, to protect the
their own losses, companies are not granted by thesecurity of domestic industries, safeguard the
Government from any subsidies. Currently, thelegitimate rights and interests of enterprises.
European Union good indicators related industries,