倾销与反倾销措施外文翻译

1、倾销与反倾销措施外文翻译（可编辑）倾销与反倾销措施外文翻译外文翻译原文dumping and anti-dumping measures material source: international economics,july1984 author: richard senti zurich in recent times, the number of dumping actions has shown a striking correlation with the respective level of economic activity, the following observatio

2、ns convey an overall picture of the dumping actions currently pending and the anti-dumping measures implemented, and look into the current problems faced by the international anti-dumping system. for years, dumping actions have been at the centre of discussions in the trade negotiations between the

3、us, canada, japan and the member countries of the ec. at the end of 1977, there were twenty dumping actions in progress in the usa. tension eased in 1978 following the introduction of the trigger price system to regulate steel imports on confirmation of the modified cost criterion in the us trade ac

4、t of 1979, the us steel firms once again took action against the ec steel producers. in 1980, the trigger price system briefly became temporarily inoperative but was applied again the same year with added force. nevertheless, more dumping actions followed,particularly in the years 1981 and 1982 at t

5、he beginning of 1983, the gatt committee on anti-dumping questions published a summary of theanti-dumping proceedings instituted during recent years in the usa, ec, finland, canada, austria and sweden,the provisional and definitive counter-measures and the price agreements reached cf. table 1. the m

6、ajority of actions are directed at the industrialised nations and only a few against the developing countries. neither withdrawn actions nor those which resulted in a negative decision are included in these figures. table 2 shows between which trade partners dumping negotiations took place during th

7、e years 1981/82, i.e. which countries instituted proceedings and which were sitting in the dock as far as was reported to gatt. us anti-dumping legislation as a basis in 1945, immediately after the end of the war, the us state department published the first proposals for a newworld trade order. acco

8、rding to these proposals, the members of an international trade organisation still to be created should, among other things,undertake to 188 subscribe to a general definition of the circumstances under which anti-dumping and countervailing duties may properly be applied to products imported from oth

9、er members. only a year later, the americans submitted the charter for the creation of an international trade organisation containing concrete suggestions on the anti-dumping settlement s which were later adopted by the havana charter s and gatt without undergoing significant alterations. both the b

10、asic concept and many individual provisions are in line with the american antidumping legislation of that time. the first us anti-dumping provisions are to be found in the revenue act of 1916. 7 according to this law, the americans imposed something akin to a fine 8 if 1 imports were offered in the

11、usa at a lower price than in the country of origin and 2 as a result american industry was exposed to serious danger intent to destroy or injure. the two criteria underpricing and infliction of damage were later adopted by the actual anti-dumping laws of 1921 and 19309 and still apply today followin

12、g the supplements and refinements made in 1974 and 1979. according to american law of 1921 and 1930, dumping has occurred if the goods are offered more cheaply in the usa than on the home market price criterion. - or, where there are no sales on the home market, if the goods are offered more cheaply

13、 in the usa than in a third country modified price criterion. - in case no sales are offered outside the country of destination, if the goods are exported below the costs of manufacture in the producing country cost criterion. the legal amendments of 1974 and 1979 brought with them an extension of t

14、he cost criterion to cover cases in which the domestic sales prices in the country of origin no longer cover the costs of productionorigin of gatt provisions and anti-dumping convention in discussions surrounding the reshaping of the world trading system, 12 several delegates demanded going beyond t

15、he us regulation of price dumping of that time and incorporating service, exchange-rate and social dumping. service dumping revolves around freight costs, i.e. the cheapening of exports by way of dumped transport services. exchange-rate dumping is the cheapening of exports in the form of parity guar

16、antees and foreign exchange allowances. 13 social dumping is constituted in cases where products from prison camps or prisons find their way onto the world market at prices with which private entrepreneurs cannot compete. the negotiating delegations finally agreed on the price dumping in line with t

17、he us proposal. there were initial differences of opinion regarding the extent of the damage necessary for counter-measures to be taken. must serious, material or indeterminate injury occur before counter-measures can be taken? does the difference between domestic price and export price have to reac

18、h certain dimensions e.g. at least 5 % of the domestic price before counter-measures can be justified? can serious injury caused be responded to with something like a punitive measure? must the approval of the ito or of the contracting parties to gatt be obtained before counter-measures are taken? t

19、he formulation finally agreed upon states that countermeasures may only be taken if the contracting party establishes that the effect of the dumping., is such as to cause or threaten material injury to an established domestic industry, or is such as to retard materially the establishment of a domest

20、ic industry. tm in 1955, article vi of gatt was supplemented the first and only amendment to the gatt wording on dumping to the effect that in cases where delay might cause damage that would be difficult to repair, immediate measures are permitted without the need to seek the prior consent of the co

21、ntracting parties to gatt. 15 the dumping question experienced a revival during the kennedy round between 1964 and 1967. theamericans had tried to include also non-tariff barriers in the trade talks. subsequently, they realised much to their annoyance that the negotiating parties werespotlighting th

22、e very barriers to trade which applied in the usa, above all the us anti-dumping law. after brief hesitation, the americans attempted to turn the antidumping controversy in their favour with the help of a detailed regulation. thus emerged the anti-dumping code of 1967 which, although it ties the ame

23、ricans hands in many a procedural question, otherwise hitsparticularly hard at canada and great britain. canadas anti-dumping legislation up to that time did not conform to gatt in that the taking of anti-dumping measures was not bound to the precondition of economic damage. also in great britain -

24、according to the american view- anti-dumping measures at that time were being misused for the protection of the domestic economy. from the us perspective, the advantages associated with the anti-dumping code outweighed the resultant disadvantages which it was felt had to be accepted. the agreement o

25、n implementation of article vi of the general agreement on tariffs and trade anti-dumping code is dated 30th june, 1967.16 during the tokyo round, the 1967 anti-dumping code underwent a two-fold amendment: firstly, there was the question of demarcation vis-a-vis the code on subsidies and countervail

26、ing duties which was in the process of formation; 17 secondly, changes were made to the existing agreement in terms of ascertainment of damage art. 3: 1-4, the privileged position of the developing countries art. 13 and consultations, arbitration and settlement of disputes art. 15. 18 the currently

27、valid agreement on anti-dumping was reached on 12th april 1979 in geneva. 9 wherever the antidumping agreement is mentioned in the following, reference is being made to the currently valid version of 1979. definition of dumping in imitation of the american legal system of the 20s and 30s, gatt speak

28、s of dumping when products of the same kind of one country are introduced into the commerce of another country at less than the normal value of the products. hence,dumping means that the normal domestic value of an article exceeds its export value. how does gatt define the normal domestic value? whe

29、n is a product of the same kind when compared with another? how should we interpret export value? the normal value of an article is undercut according to art. vi:i of gatt if the price of the product exported from one country to another a is less than the comparable price, in the ordinary course of

30、trade, for the like product when destined for consumption in the exporting country, or b in the absence of such domestic price, is less than either i the highest comparable price for the like product for export to any third country in the ordinary course of trade, or ii the cost of proddction of the

31、 product in the country of origin plus a reasonable addition for selling cost and profit. differences in terms and conditions of sale, varying taxation and other differentials influencing the price are to be given due consideration. on the other hand, however, if export prices are lower because of t

32、he reimbursement of domestic duties and taxes e.g. by way of the reimbursement of vat, this does not, according to gatt, constitute dumping which would justify counter-measures. the normal domestic value is taken to be exclusive of duties and taxes the gatt definition of dumping applies to all count

33、ries which are signatories to gatt - apart from one important exception. the us anti-dumping law contains divergent and partly narrower provisions than gatt in two specific areas: should the export product come to be sold in the country of origin, gatt says that dumping is to be determined according

34、 to the price criterion irrespective of the extent of the costs of manufacture. according to american law, however, the costs of manufacture can also be taken into consideration as well as the domestic price. the cost criterion shall apply in cases where there is good reason to suppose that the dome

35、stic price remains lower than the costs of manufacture for substantial quantities of merchandise over a relatively long period of time in this way, the americans succeed in shielding the market from merchandise which has been falsely priced as a result of any production cost contributions, or in tax

36、ing them with anti-dumping duties. they refute the gatt contravention of which they are accused with the argument that gatt talks in terms of normal domestic prices. normal prices, however, cannot be lower than costs of manufacture over longer periods. this is why, in the case of price undercutting

37、over longer periods, the cost criterion should be applied in applying the cost criterion, the export prices are, according to gatt, to be compared with the cost of production plus a reasonable addition for selling cost and profit. the addition for profit shall not exceed the profit normally realised

38、 on sales of products of the same general category in the domestic market of the country of origin. by way of contrast, the us anti-dumping law defines the costs taken as a basis for comparison as follows: 1 material and production costs, 2overheads of not less than 10 % of the material and producti

39、on costs, 3 profit margin of not less than 8 % of the costs mentioned in points 1 and 2, and 4 packing and loading expenses as defined under the f.o.b, price. when are goods described as being of the same kind? the american proposal of 1 946 for the creation of a world trade organisation spoke of th

40、e like and similar products. 26 during the subsequent negotiations it was decided to limit the definition to like products, products which are identical, homogeneous in practice, however, this terminology proved to be impracticable. slight divergences of quality or differing forms or colourings do n

41、ot rule out competition nor hence the possibility of dumping. to make allowance for this fact, the anti-dumping code holds that such goods are also included which although not alike in all respects, have characteristics closely resembling those of the product under consideration 译文倾销与反倾销措施资料来源 : 国际经

42、济学 ,1984 年 7 月 作者:richard senti zurich 在最近的时代 , 倾销行动的次数已经呈现出与各自的经济活动水平显着相关性 , 以下意见反映了目前未决诉讼和反倾销措施实施的总体情况, 并查看到当前面临的国际反倾销制度问题。多年来 , 倾销行动已在中 , 美, 加拿大 , 日本和欧盟成员国的贸易谈判中成为讨论的中心。截至1977 年底, 共有二十个国家在美国倾销行动的进展范围之内。在 1978 年, 随着触发价格体系以规管进口钢材, 紧张局势有所缓和。关于在 1979 年美国贸易法案修改成本的确认标准, 美国钢铁公司再次发生了一起针对欧盟钢铁生产商的行动。 1980

43、年, 触发价格体系变得简单 , 但暂时无法工作 ,同年再次应用与补充力量。然而, 随后发生了更多的倾销行为, 特别是在 1981 年和1982年。在 1983 年开始 , 关于反倾销问题上 , 关贸总协定委员会公布了这一期间, 美国,欧共体 , 芬兰, 加拿大 , 奥地利和瑞典 , 临时和最终关于反措施和价格方面达成的协议( 见附表 1) 。大多数倾销的行动都是针对工业化国家, 只对少数发展中国家。表2 显示了在1981/82 年贸易伙伴之间关于倾销谈判的情况, 即哪些国家提起诉讼的 , 哪些是被诉讼的( 据据关贸总协定的报道 )。美国反倾销立法的基础 : 1945年, 战争结束后 , 美国国

44、务院立即发表了一台有关贸易秩序的第一批建议。根据这些建议 , 一个国际贸易组织的成员仍然要创建应, 除其他事项外 , 承诺在一般定义下 , 反倾销和反补贴税可以适当地适用于从“其他成员的进口产品”。仅仅一年后 , 美国人提出了为国际贸易创造一个有组织能具体解决反倾销问题的宪章 , 后来通过哈瓦那章程的 , 没有经历关贸总协定显着的变化。无论是基本概念和许多个别条款 , 都是为了以合美国当时的反倾销法例。第一个美国反倾销条款是在1916 年的税收法案中被确立的。根据这项法律 ,美国人强加一个类似于罚款的条例。如果进口了比美国国内价格低的产品( 意图破坏或伤害 ), 美国相关行业会面临严重的危险。

45、这两个标准“抑价“和“施加的损害” , 后来通过实际反倾销案例在1921 年和 1930 成为法律 , 在 1974 年和 1979 年作出补充和改进 , 仍适用继今天。根据美国 1921 年和 1930 年法, 如果有以下情况说明倾销已经发生: 如果进口的商品比美国国内市场的价格更便宜(价格标准 ) 。如果货物在国内市场上没有销售, 在美国比在第三国更便宜(修改价格标准 ) 。如果货物销售到目的地国家, 货物出口价格低于在生产国制造成本(成本标准)。制造费用是在此基础上计算材料和生产成本的确切数据, 以及间接费用和利润计算。1974年和 1979年带来的法律修正案 , 一个标准的成本扩展到包

46、括案件中, 国内销售价格 (在原籍国 ) 不再支付生产成本。关贸总协定条款的起源与反倾销公约: 在讨论中围绕重塑世界的交易系统的重心, 一些代表要求将美国以外的价格倾销, 应及时调控并结合服务 , 汇率和社会倾销。服务倾销围绕货运, 即由倾销的方式出口掉价运输服务。汇率倾销是在降价的出口担保形式的平价和外汇津贴。社会倾销在构成产品的情况下, 从战俘营或监狱找到世界市场上的价格的方式与这些民营企业家无法竞争。该谈判代表团最后商定的价格倾销与美国的建议路线达成一致。在对于何种损害程度有必要作出反对措施的意见上存在着初步分歧。必须认真指出的是 , 在反对措施实施以前 , 应明确有哪些材料以及发生了哪些不确定的伤害。是否国内价格与出口的价格之间的差异一定要达到一定的量( 比如至少是国内价格的百分之五)才采取的反对措施才是合理的呢?这些严重的损害是否可以用惩罚性的方法来回应?一定要获得 wto 的批准或者是关贸总协定的缔约方才能采取预先反倾销措施吗?最后该组织同意了各方可以建立预