overview of china ’ s trade remedy system luo jin 2004 seoul international trade remedy seminar...
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Overview of China’s Trade Remedy System
Luo Jin2004 Seoul International Trade Remedy
seminarMay 19, 2004
Overview of Trade Remedy System Overview of Legal framework Overview of Practice Latest legal development Characteristics of practice Future Development Views on relevant trade remedy
issues
Overview-Legal Framework Law Regulation Rules
Overview -Law Law: Foreign Trade Law
Enacted on 1, June, 1994Art. 30, covering anti-dumpingArt. 31, covering anti-subsidyArt. 29, covering safeguardArt. 32, investigation and adopt
measure
Overview-Regulation Anti-dumping regulation Anti-subsidy regulation Safeguard regulation
Published 2001-10-31, Came into force 2002-1-1
Overview- AD Rules Antidumping : 12 provisional rules, came into force during March and
April of 2002 1 rule , came into force on October 29,
2003
Overview-AD Rules Initiation of Anti-dumping
Investigation Adjustment of Products under
investigation
Questionnaire Sampling On-the spot Verification
Overview-AD Rules
Public hearing Disclosure of information Access to Non-Confidential
Information
Price Undertaking
Overview-AD Rules
Interim review of dumping and dumping margin
New shipper review Refund
1 rule on industry Injury Investigation in Anti-dumping
Overview- CVD Rules Anti-subsidy : 4 Provisional rules came into force on 13, March,
2002
1 rule came into force on 29, October,
2003
Overview-CVD Rules Initiation of Investigation Questionnaire On-the –spot Verification Public Hearing Rules on Industry Investigation in
Countervailing Measures
Overview-SG Rules Safeguard 3 Provisional rules came into force on 13, March, 2002
1 rule came into force on 29, October,
2003
Overview- SG Rules
1. Initiation of Safeguard Investigations,
2. Adjustment of Products underInvestigation 3.Public Hearing 4. Rules on industry Injury
Investigation in Safeguards
Overview of Practice -AD Antidumping First case: initiated on 12, 1997 product under investigation:
newsprint countries involved: Canada, USA,
Korea
Overview of Practice -AD Up to the end of April, 2004, original investigation : initiation 91 cases Final determination: 52 (6 no injury, 2
withdrew of application, 4 termination) before preliminary determination : 20 before final determination:7
Overview of Practice -AD Review 1case: interim review , started
Jan.2002 By the end of April ,2004 Initiations: 5 (2 interim reviews, 3
expiry reviews) Final determination: 1 new application: 1
Overview of Practice -AD Refund Started March, 2004 2 applications under investigation
Overview of Practice-CVD Countervailing Research No initiation by the end of April
2004
Overview of Practice-SG Safeguard 1 initiation on imported steel
products from May 20, 2002 Follow safeguard measures of US,
Canada, EU on application of China’s steel
producers
Overview of Practice-SG Final measure on 5 categories of
imported steel products for a period of 3 years, (from Nov, 2002) in the form of tariff rate quota
Frequent liberation of products from the measure
Final measure terminated in Sept. 2003
Latest Legal development Foreign Trade Law Amendment Background Aim Published on April 6, 2004 Will come into force on July 1,
2004
Latest Legal development Amendment: Add 2 new chapters related to
trade remedy Chapter 7: Foreign Trade
Investigation Chapter 8: Foreign Trade Remedy
Latest Legal development
Trade Remedy Regulation Amendment
Background Published on 31, March 2004 Will come into force on 1, June,
2004
Latest Legal development Anti-dumping Regulation: Change of investigation authority Forms of bond Consider public interest Words amendment
Latest Legal development Anti-subsidy and Safeguard
regulation Change of investigation authority
Characteristics of practice Trade remedy measures
concentrate on 3 sector: chemical, steel, paper
Most measure in AD duty Conflict between upper and lower
industry
Future Development Review: Increase of cases Complex of situations Lack of experience Research Draft of rules and regulations
Future Development Public interest: How to define Applicant Procedure result
Future Development Product scope: Questionnaire
Procedure: Rejection of application Deadline of supply of information
Future Development Amendment of rules and
regulations More input on DSU Expansion of personnel
Views on Relevant Trade Remedy Issues New-round rules negotiation Friends club EU Korea China’s proposition