abercrombie roma [ trade ] the inevitability of an -

gguyadladmsh

[Trade] the inevitability of anti-dumping and the strategic adjustment of China's foreign trade

Keywords: dumping position in the market trading strategies
I. Introduction
Chinese products face anti-dumping trade partners, a great gathering momentum, more and more varieties, more and more wide trend. According to the Ministry of Commerce statistics, as of the end of May this year, 34 countries and regions have initiated 637 cases involving Chinese exports of anti-dumping, countervailing, safeguard measures and special safeguard investigations. Among them, 573 from the anti-dumping investigation, countervailing 2, the 51 safeguard investigations, 11 safeguard investigations, involving 4,000 kinds of commodities, affecting about 186 million U.S. dollars of Chinese exports. In 2003, there are 19 countries and regions of anti-dumping, safeguard measures and special safeguard filing 59 cases, involving about 22 billion U.S. dollars, involving sectors compared with 2002, an increase of 178%. Number involved and the amount of money involved from the view, anti-dumping against Chinese products, the most severe in countries and regions in the United States and the EU. Only in 2003, the U.S. anti-dumping of Chinese products to 11, involving 18.5 billion U.S. dollars, accounting for 84.1% of the total amount involved. In addition, Chinese exports has been hindered by other barriers to trade, according to the State Council Development Research Center, said Mr. Long Guoqiang, 2002, China 71% and 39% of enterprise products in varying degrees by the impact of technical barriers to trade, losses amounted to 17%. Although total trade point of view, our products the total degree of anti-dumping trade accounts for only 1% of exports, but the anti-dumping goods in recent years actually was non-linear growth. Reason to believe that China has become the world's biggest victim of trade remedy measures. The face of fierce momentum of the wave of anti-dumping, government officials, entrepreneurs and scholars are very anxious and gives a different prescription to prescription scholars see, there are: 1. familiar with the anti-dumping laws and regulations of the country, actively responding to the anti-dumping cases; and use successful case demonstrates the effectiveness of this method; 2. exporters should regulate business accounts, leaving your original documents, to meet the anti-dumping survey; 3. the Government should actively strive for the status of market-oriented countries in order to avoid anti-dumping is not fair treatment; 4. enterprises within the production structure should be adjusted in order to circumvent anti-dumping rules; 5. change the structure of export trade, creating overseas industrial parks, trade with other countries to share the benefits of, and ultimately achieve a greater range and greater proportion of bypassing the anti-dumping anti-dumping sanctions or increased costs. Positive response to the above, although 4 may well be better before the emergency plan, and must do so, but I think, by Professor Xu Dianqing (2004) 5 of the kinds of programs are one kind of radical program, before the implementation of four kinds of response options at the same time, consideration should be given the western countries to radically reduce our anti-dumping cases and the amount of competitive enterprises in China to avoid being killed, this article will demonstrate the theory and practice 5 species to be reasonable and enforceability, and that the deficiency before the 4 plans.
Second, the definition of anti-dumping and related regulations
WTO definition of dumping is used in Article 6 of GATT 1994 agreement, there are three criteria, contrary to, any of which can be found to be dumping. These three criteria are (1) price of the standard: one country, the value of product price lower than the normal market to enter another country, the export product is considered dumped product; (2) damage criteria: the same as the product of the importing country or similar products industry have a substantial cause or threat of material injury, or substantial obstacle to the establishment of a similar product industry; (3) the relationship between standards: dumping and injury has a direct causal relationship. If one country to another country markets products meet these three criteria, the importing country to offset or prevent dumping, can be levied on products does not exceed the dumping margin of dumping of the product of anti-dumping duties. Have to make the definition operational, WTO anti-dumping on the definition of the development of a number of implementation details, but any contract law is not entirely impossible to cover all possible situations, to WTO, broad definition of anti-dumping, there are shortcomings: First, on the normal value determination. WTO regulations means that the normal value of the national market the same product or similar products in the market price. However, due to the resource endowments of different countries is also a market-oriented countries,[link widoczny dla zalogowanych], may be the same or similar commodity market prices are not the same, or even a big difference, if the same principle of comparative advantage in trade would not exist. This provision is also another hidden meaning, that is, if not market-oriented countries, because there are many non-transparent price determination, and are therefore, to determine its market value to the market by a country or a third party determine the price of similar products as the standard. The more ambiguous terms, the first non-market countries and related products to determine the ambiguity of a lot, then choose the state as a market reference price, for determining whether it is dumping a lot of relevance. Second, the damage criteria to determine, although the damage to the WTO standards on a very detailed implementation rules, but the importing countries to protect their own interests, tend to exaggerate the damage criteria, or development of standards conducive to damage their own rules, the U.S. trade protection Bill is the case. Thirdly, on the dumping and damage is directly related to identification, but also with the same great damage to the standard operational space. It is precisely because anti-dumping provisions of the defects and the Agreement is not complete, it makes dumping and anti-dumping disputes quite large, national legal provisions vague range in a fierce legal and political negotiations, but there are still many countries and enterprises subject to non- fair and anti-dumping sanctions, according to expert studies, the vast majority of anti-dumping proceedings or sanction product or business is innocent. Case of the United States anti-dumping law to protect their businesses with a strong purpose and function. 201, 301 and 406 terms are used to block imports of American companies damage their most important terms, which found in the imported goods on domestic goods and industrial damage to the very relaxed and quite fuzzy. To property rights theory that more is not clear, signed articles, property rights into public domain some of the more (Barzel, 1997), the worse the binding nature of contracts, a total area of the property income people would be chasing. So lax U.S. anti-dumping provisions, mainly for U.S. companies pursuing the interests of providing a total area of the operational space, or efforts to enhance the protection of U.S. companies. Dumping products on the domestic industry for the damage, 201 provisions of the threat of injury in each case to determine And, for the relief of the domestic industry more accessible, the terms of the Congress on the WTO's secondary cause. , on the 406 articles for the U.S. Congress to develop non-market countries, the special protection bill, which the market disruption clause provides: growth, the import of goods should be considered is rapidly growing. so that the domestic industry caused material injury or threat of material injury is a major reason, that the existence of market interference. If there is market disruption, you can import goods anti-dumping sanctions. This provision is more relaxed and more unreasonable. For example, for a non-market country, its exports may only start in recent years, so their products in recent years a rapid growth. And, with the non-market countries to accelerate the process of marketization, some domestic export enterprises may have the market, but their exports may be just beginning, a very low base, but the growth is faster, so it is vulnerable to market disturbances Terms of sanctions. As we all know, China is 15 years of non-market organizations the country joined WTO, therefore, more of China's export products are subject to the provisions of U.S. restrictions 406. In recent years, due to the process of speeding up China's market, small and medium private enterprises is almost entirely market-oriented, some of their products have begun to emerge in the U.S. market, because of its export base is very low, so growth is very fast, so that these markets Enterprise is very easy to be the U.S. Congress to The ambiguity of these standards and unreasonable, so that large private enterprises suffer. Canned mushroom in China, wardrobes, ceramic kitchen and tableware to the terms of the investigation by the United States 406, and most of the enterprises to implement the anti-dumping sanctions. In addition, 406 articles on the start is very easy. Cases of market disruption by the President, the United States Trade Representative, the Senate Finance Committee, the House tax committee or make domestic producers, initiated by government departments, upon receipt of the request of eligible people can start immediately after the request. As for the As for the more relaxed on the definition of qualified, but also makes it easier proceedings 406 articles. The case that the U.S. anti-dumping, anti-dumping laws in other countries in Europe and the case remains the same, so the range of Chinese products in the world, frequent anti-dumping sanctions is not surprising, of course, subject to the grievance is also growing. Third, the problem of theory and practice totally free trade and full protection of trade (closed economy) are two extreme ways of international trade. The division of labor according to Adam Smith and Ricardo's theory of comparative advantage, free trade can make the world welfare maximum. Liszt's economies must strengthen the protection of small industries. The modern dynamic trade theory suggests that the principle of static comparative advantage has many flaws and weaknesses of small and vulnerable economies adequate protection for the enterprise, will make these enterprises have the advantage. Theory of international trade theory can not be what trade policy to implement a definitive answer, in practice, national trade policies is varied. Generally speaking, countries are starting to develop their own interests from trade policy. From the historical point of view of national trade policies, the higher a country's economic status, the more competitive products, the more advocates of free trade; the contrary, the more advocates protection of trade. Currently, the countries are not in the position of absolute dominance in any field, so almost every country to impose trade protection, but in different areas of the level of protection is different. Anti-dumping is the modus operandi of national trade protection, but from the economic theory does not give a strict definition of anti-dumping. The most common is defined as the quality of the study, differences related to the case of services, etc., below the market price of the export price of domestic sales of similar products. However, another definition - the price below the cost of production sales of export products - is also reflected in the many kinds of legal documents. In recent years, which define the actual value of the other become more and more important. Early literature usually defines dumping as price discrimination between domestic market, which is Viner (Viner, 1923) in his classic concepts used in this concept is also followed by most important scholars (Yntema, 1928. Robinson, 1933. Haberler, 1937). The early theory of price discrimination is indeed developed on these premises, but these concepts the following problems: First, why vendors to implement price discrimination, second, why the export price will be lower than the domestic rather than the opposite. Interpretation of the current standard economics textbooks are: 1. This requires manufacturers have some control on prices, that imperfect competition is the key. Other manufacturers must be able to segment the market on a national basis, tariffs and other trade barriers will help achieve this goal. 2. Domestic and foreign demand faced by different market conditions are different. If the same elasticity of demand for quality goods at two different market, the inevitable result is different from asking price, the general said, the market elasticity of demand for the lowest index, while the small market cable elasticity of demand high prices. Usually less than the price elasticity of the domestic market, the price elasticity of the international market, therefore, the same kinds of commodities is higher than domestic prices, foreign prices. If the form is one-way trade, in the case of other conditions are equal, the exporting companies in foreign countries asking price will be lower than domestic. Because not only among exporters to compete in the domestic, but also in the export market competition with foreign enterprises, even if the two countries, the same flexibility of markets exist, but each company faces in the importing country the flexibility to be higher because There are more manufacturers competition (Eichengreen, Van Der Ven, 1984). On In a recession, manufacturers of export earnings as long as at least compensate for the variable production cost of such exports, export prices, it will be set at a level lower than the average cost. Or, if these firms export products to achieve an efficient scale of production, then the manufacturers will long to sell below average cost price of export products. Thus both in shorter or longer period of time, manufacturers are likely to cost less than the average variable cost but higher than or equal to the level of sales of their products, rather than dumping. Caused widespread concern and opposition to the competitors out of the market is predatory dumping, that is, firms in the short run average cost price below cost price or even lower than the variable wantonly dumping their products in order to to a competitor out of business purposes, when the rivals were defeated, turned into an exclusive monopoly, and then raise prices, even higher than the price of the average cost of sale, access to high monopoly profits. However, the only theory can be used as the definition of anti-dumping, economists have always played down its importance (Viner Viner, 1923). Recently, economists have found that the export price can not even compensate for the marginal cost of the case, the results of recent studies of industrial organization is this possibility: Even in the case of low prices, export sales also make it easier for manufacturers to maintain excess production capacity, to prevent potential competitors in order to achieve the purpose of entering the industry (Davis, Davies and McGuinness McGuinness, 1982 years). Therefore, we observe in the market less than a monopolist with a very low price before selling products, after the successful expulsion of competitors, and then carried to a higher price of the so-called monopoly price. Davies and McGuinness is in line with the facts of the study, but they are just more accurate to say that half of the reasons that exporters can more easily maintain the excess capacity to deter potential competitors from entering. In fact, even if the manufacturer no spare production capacity, it can not successfully raise prices to the monopoly price, because the high price necessarily means potential competitors to enter, today, in addition to government control, the industry has been able to do without a monopoly. The low prices are actually manufacturers prevented potential competitors to enter, so theoretically, a competitor out of the market in the current predatory dumping in international trade does not exist. Even if the theory is not yet give a precise definition of dumping, however, is no precise definition of the above, China is currently indicted or convicted of dumping dumping cases, the vast majority do not meet this the definition of dumping is not accurate. First of all, Chinese exports of foreign sales price is not lower than the domestic market price, and some even higher than the domestic market price. Anti-dumping in the United States to China more than 4,000 catalog varieties, almost all of its domestic market commodity prices and international market prices are basically flat, if not the same, there is no evidence that these firms are lower than the average cost of sales, Because these companies are basically private enterprises or joint-stock companies, tax records from their view, are basically profitable. Second, the economic significance of anti-dumping against monopoly to encourage competition, the general said the nature of the business has dumped more than a monopoly characteristics: large fixed costs, with a rigid factor markets, demand fluctuations in the large and rigid prices . However, from the U.S. point of China's anti-dumping directory could not produce these products, Chinese companies have the monopoly characteristics, on the contrary they are more general features of competitive enterprise: a large number of labor-intensive products, low-tech, low barriers to entry, almost can not prevent competitors. The Chinese company was able to price advantage on the international market, mainly China has a comparative advantage in labor: a huge supply of low cost, which is any one country can not be compared. See large number of Chinese light industrial products and labor-intensive products with low prices, not less than their market price, not to expel predatory dumping opponents, but the comparative advantage of cheap labor, competition rather than monopoly . Fourth, there is no equilibrium solution of the multi-game oligopoly theory can not give an accurate definition of dumping,[link widoczny dla zalogowanych], anti-dumping case in the country,[link widoczny dla zalogowanych], the respective provisions of the principle of protection of trade Youyi, and flexible quite large, has a huge operational space, therefore, whether the case from the national anti-dumping WTO principles, or the amendments and changes to WTO principles, to the States on the interpretation of anti-dumping cases and the prosecution of anti-dumping investigation, the respondent and some out process, we need governments officials for their own long-term interests of the negotiations. If the negotiating countries than for the oligarchs, then the negotiations between them is the oligopoly market is carved up between the divided interests of the negotiations. As we all know, oligopoly pricing agreements are negotiated between the results of the negotiations is based on their respective strengths, status and many other things, therefore, not oligopoly price agreement between the equilibrium solution, but rather seek solutions. Seek common solutions are unstable, from the date of its reach, there is a lot of contradictions and inequities in the future interests of the partition, the conflict will produce more, and even the collapse of the initial agreement. Non-equilibrium solution of anti-dumping early clues have been developing countries are now WTO principles and the relevant bill. WTO anti-dumping on the definition of force, although such binding is not complete. While the other two definitions, but directly from waving the banner of trade protectionism: Because of this, the world's trade policy and trade regulations are basically trade in the interests of two or more parties under a different non-equilibrium solution being reached by these non-equilibrium development of trade rules or principles, buried Further down the national interests for their own bargaining curse. The U.S. anti-dumping cases against Chinese products to see the relevant WTO rules or the United States related bill debated on the following issues: First, on the recognized China's market economy status: 15 years of non-market economy status so as Chinese companies in anti-dumping area identified on the normal price suffered a major loss. Second, the recognized market economy status of Chinese enterprises: Despite being 15 years of WTO identified as non-market economy, but for a country in transition economy, successful companies have a market in transition economy, and therefore, Chinese officials and businesses are actively pursuing some of their market economy status, some scholars also support this action. Third, the prices of Chinese companies on the standard question: vigorously attacked by some importing countries unreasonable pricing of Chinese enterprises, such as certain government subsidies for export enterprises and tax incentives, environmental conditions, low, low wages can not freely negotiate with their employers and so on. Fourth, damage to the problem of domestic enterprises on the Chinese imports to the United States or other damage to the country's domestic enterprises are often not strict investigation, standard too broad and too low, Chinese companies are very easy to touch these standards. Fifth, the RMB exchange rate issue: the United States and other importing countries to attack the Chinese yuan exchange rate is a fixed official exchange rate controls, and no market. On the above issues, the Chinese Government and the Government of the United States and other countries engaged in a fierce debate and negotiations for China, the progress of each negotiation will benefit our country's enterprises , as well as the United States and other countries may make business damaged. Course, these benefits in other areas is the cost of the damage, the same, other countries also in other aspects of impaired access to compensation. On the two sides in the debate in terms of five aspects, China has made room for negotiating advantage is not large, or almost impossible. To achieve market economy status of China, China's WTO on China to change the 15-year terms of non-market economy status easier said than done. What the United States and other countries, the obvious reason for the favorable to China's conditions? Of course, we can accuse the United States and other countries, the process of ignoring China's market can also be used in other countries recognize China as a market economy and to the United States and other countries to exert pressure, but we should see, WTO provisions on anti-dumping is the essence of trading protection, the United States and other countries aimed at protecting domestic companies from the impact of imported goods. There in black and white terms of protecting national interests, the interests of the United States will hand over to them to give us? We have much pressure on the United States and force it to agree to the terms rewrite? Further, the U.S. officials are elected officials, voters is their God, and therefore protect the unemployed workers, protect the injured company, is the bounden duty of government officials (not the case, could be the next election), so that in a market economy status terms of the concessions the United States is basically impossible. On China's successful transition to actively seek enterprise status of the market is also very difficult, hard to be optimistic. Although our country many companies have successfully transition to become market-oriented enterprises, these enterprises exports suffered non-market treatment to be successful anti-dumping is very odd, but we are to successfully gain market economy status, it is very difficult, it is the concentrated expression of the United States and other countries criticized some aspects of Chinese enterprises: Chinese enterprises on the benefits of taxes and subsidies, which make the market price of the benefits of true, of course, this survey is simple, our company can provide the original anti-dumping investigation group financial statements . However, Chinese companies accused of environmental accusations and wage standards, the width can be cursory, considerable flexibility and initiative rests in the hands of the United States and other countries, one indicator is found unsatisfactory, will be found non-market countries. The most important thing, even if the above conditions are met the standards the United States and other countries, however, that the renminbi non-market one, it will make all our efforts come to naught, and if we follow the market exchange rates, export commodity prices, can lead to of some commodity prices higher than impose higher anti-dumping tax, all of our trade advantage will all disappear. Five strategic adjustment of China's foreign trade anti-dumping in front of the surging tide, a clear understanding of themselves and their opponent is very important. The United States and other countries export dumping prosecution of a wave higher than the wave, its fundamental purpose is to protect the domestic job market. Not to mention the market in China for the treatment of how difficult and long negotiations, how high the cost, even if the success of the talks, China was designated as market-oriented countries, not only in the dumping prosecution price as a reference to a third country only if China's export threat to the employment rate of the importing country, then according to anti-dumping or not wrong, Some also use other various obstacles with a flexible interpretation of the terms of the import of Chinese products. Therefore, we should clearly recognize that anti-dumping and the corresponding provisions of the importing country to protect its labor market is an excuse, when an excuse failure to immediately find another excuse, and we follow them the excuse to play around, is not a wise move. Therefore, actively strive for market economy status, it should be a goal of our trade strategy, not a tactical target. Professor Xu Dianqing's the road, this road, but also exports after the sharp increase in anti-dumping countries generally take a road, such as Japan and the Asian tigers. Japan, 80 in the last century, is the largest country in anti-dumping. US-Japan trade friction with the last century with the last 20 years into the new century. Not only is the United States, other countries are also increasing aversion to Japanese products, even the article pointed out that Japan has no friends in the world, the subtext of this conclusion is of Japanese products is threatening the job market around the world, in order to avoid Anti-dumping and anti-Japanese sentiment triggered, Japan has taken to establish overseas industrial parks, a large number of parts and components exports, foreign assembly, cooperation with third countries, which allows people benefit and common development, it is proved that the road is a success. Some Chinese products, such as color televisions, but also due to go this road, to the development of third countries, as part of a third country to create employment, the name of a third country products, so as not vulnerable to anti-dumping, or even if anti-dumping, anti-dumping also increased other costs, and interests of all parties involved to make trade difficult to reconcile the interests of anti-dumping move leaving abortion. Some people say that Chinese exports are the advantages of cheap labor, most of our exports are labor-intensive products. This is indeed true, it is precisely because most of our products export labor-intensive, would constitute a very small volume of trade but was dumping prosecution case was a lot of strange phenomenon, because labor-intensive products, the importing country is more threatened and more jobs. If such products out of the country, cooperation with third countries, then we will lose the advantage of labor to make Yi, Chinese products will not have so competitive, it is also true. However, not because of the fact that we can not take the cooperation of the road. We know the general production of goods through the purchase, production, sales process, there may be many of these processes in the middle of the chain, we can give some of the chain product importing countries, thus increasing the difficulty of anti-dumping. To see China's exports, in addition to TV, the commodity subject to anti-dumping is a serious commercial product temperature, it and the way the operating temperature. Temperature has a business in the world almost its own sales network, that is, enter the temperature as long as the provider of Wenzhou products sales network, it will convenient, fast, low-cost access to world markets. However, because of this, to the importing countries has facilitated the anti-dumping: if a country of such anti-dumping, then the interests of this country is not party to the infringement, but will protect their own jobs. Conversely, if the product is not to enter a Wenzhou own sales network, but imports by the importing country's businessmen, so that the importing country anti-dumping, will consider the interests of businessmen importing countries, the importer or the importing country will be on their own interests anti-dumping complaints argue that anti-dumping will increase the cost of importing countries. Zhejiang Yiwu commodities wholesale market illustrates this point. There are many foreign importers imports from China Zhejiang Yiwu wholesale market products, foreign sales by their organizations, because their interests are the interests of the importing country nationals as part of the importing country so as to prepare for these products or anti-dumping anti-dumping ruling will take full account the interests of these importers, the intensity of anti-dumping will be much smaller. Statistics show that the temperature of goods subject to anti-dumping Business complaints or sanctions to be far greater than from the Yiwu market, export of goods. VI, conclusions to help people, and common development should be the restructuring of China's foreign trade policy. Countries or companies for market economy status, the enterprises to actively responding to anti-dumping complaints, and all enterprises should establish a sound accounting system to meet the anti-dumping investigations, speed up the process of China's market, etc., are all positive anti-dumping measures. Especially for companies subject to anti-dumping, but also because of the positive responding. Because the respondent there is hope, and give up do not have any hope, of course, business is responding to a very high cost, high legal costs of the respondent may give a company the most important condition. However, these measures are not fundamental to cope with anti-dumping measures, theory and practice proved that, to avoid anti-dumping anti-dumping or increase the cost of business trade strategy must be closed into an open and actively looking for partners to work together to find a third party, This is to prevent the dumping of exports real way out. References:
Xu Dianqing, Geng Jian: to pay: Barzel:
Brander, J.and Krugman, P.1983.A reciprocal dumping model of international trade. Journal of International Economics15 (3 / 4). November ,313-21. Davies, SWand McGuinness, AJ1982. Dumping at less than marginal cost. Journal of International Economics 12 (1 / 2) February, 169-82. Eichengreen,[link widoczny dla zalogowanych], B.and van der ven, H, 1984.US antidumping policies: the case of steel.In The Structure and Evolution of Recent US Trade Policy. Ed. RE Baldwin and AO Kreuger, Chicago: University of Chicago Press, for the National Bureau of Economic Research .. Ethier, W.J1982.Dumping.Journal of Political Economy 90 ( 3), June, 487-506. Haberler, G. 1937.The Theory of International Trade with its Applicationa to Commercial Policy. New York: Macmillan. Robinson, J.1933. The Economics of Imperfect Competition. London: Macmillan. Viner, J.1923. Dumping: A Problem in International Trade. Chicago: University of Chicago Press. Viner, J.1931. Dumping. In Encylopedia of the Social Sciences, New York : Macmillan. Yntema, TO 1928. The influence of dumping on monopoly price. Journal of Political Economy 36, December, 686-98.

				fora.pl - załóż własne forum dyskusyjne za darmo Powered by phpBB © 2001, 2002 phpBB Group Avalanche style by What Is Real © 2004