论反倾销反补贴中的累积评估制度
发布时间：2019-01-02 18:50
【摘要】：累积评估,是指在进口国在对他国的进口产品进行反倾销或反补贴的调查过程中,调查机构在确定受调查的产品对其国内的相关产业是否造成损害时,如果来自不同的国家或地区的受调查的产品之间相互竞争,且受调查产品与国内的同类产品之间也存在竞争关系,那么调查机构将对这些受调查产品作为一个整体来累积评估其对国内产业的影响。累积评估制度是由美国首创,其后被WTO规则吸收接纳,成为现如今反倾销、反补贴调查案件中的一项常规制度,但由于WTO规则中对于累积估的规定较为笼统,因此各国国内法中对于累积评估制度的规定不尽相同,在反倾销反补贴调查中各国的调查机构对于累积评估制度的实践操作更是各有差异。 交叉累积评估是累积评估的一种特殊形式,其通常包含两种情况:一是将一些受反倾销调查的国家的进口产品与另一些受反补贴调查的国家的进口产品进行累积评估;另一种情况是同一个国家的进口产品同时接受反倾销调查和反补贴调查时,对该国的倾销产品和受补贴产品进行累积评估。由于WTO规则和各国的国内法中均没有授权可以适用交叉累积评估制度,且交叉累积评估制度的适用不利于公平贸易,因此学术界对于交叉累积评估制度的批评声颇多。 本文主要分四章来对反倾销、反补贴调查中的累积评估制度进行了阐述:第一章主要是对累积评估制度进行一般分析,从累积评估制度的历史由来、基本内涵,以及适用累积评估制度的程序规程,适用累积评估制度对国际贸易带来的影响四个方面对累积评估制度进行了分析;第二章主要是比较分析了美国和欧盟对于累积评估的国内规则和实践操作,着重分析了其国内调查机构对于“竞争条件”、“同受调查”,以及“可忽略不计的进口”等诸多因素的判定标准;第三章介绍分析了累积评估制度中的交叉累积评估制度,并在WTO框架下对于交叉累积评估制度的合法性进行了分析;最后一章,主要是对我国的累积评估制度的分析,分析了我国现有的法律规定以及我国商务部在实践中对该制度的具体适用,最后对于我国应当如何完善累积评估制度的规定、实践中如何更好的利用累积评估制度来保护我国国内产业,以及如何应对外国对我国适用交叉累积评估制度等问题提出些许建议。
[Abstract]:Cumulative assessment means that in the process of investigating anti-dumping or countervailing products imported by the importing country, the investigative body determines whether the product under investigation has caused harm to the relevant industries in the country, If the products under investigation from different countries or regions compete with each other, and if there is a competitive relationship between the products under investigation and the products of the same kind in the country, The survey agencies will assess the impact of the products as a whole on the domestic industry. The cumulative assessment system was first created by the United States and later accepted by the WTO rules as a routine system in anti-dumping and countervailing investigation cases. However, because of the general provisions of the WTO rules on cumulative assessment, Therefore, the provisions of accumulative assessment system are different in the domestic law of different countries, and the practice of accumulative assessment system is different in the investigation of anti-dumping and countervailing. Cross-cumulative assessment is a special form of cumulative assessment, which usually includes two situations: one is to carry out cumulative assessment of imports from some countries subject to anti-dumping investigations and imports from other countries subject to countervailing investigations; Another case is a cumulative assessment of the dumped and subsidized products of the same country when they are subject to both anti-dumping and countervailing investigations. Because there is no authorization in the WTO rules and the domestic laws of various countries to apply the cross-cumulative assessment system, and the application of the cross-cumulative assessment system is not conducive to fair trade, there is a lot of criticism about the cross-cumulative assessment system in academic circles. This article is divided into four chapters to explain the accumulative evaluation system in anti-dumping and countervailing investigation: the first chapter is the general analysis of the cumulative evaluation system, from the historical origin of the cumulative evaluation system, the basic connotation. As well as the procedure of applying the cumulative assessment system and the impact of the application of the cumulative assessment system on international trade, the paper analyzes the cumulative assessment system in four aspects; The second chapter mainly analyzes the domestic rules and practice of cumulative assessment in the United States and the European Union, focusing on the analysis of "competitive conditions" and "co-investigated" by their domestic investigation agencies. And "negligible imports" and many other factors; The third chapter introduces and analyzes the cross-cumulative assessment system in the cumulative assessment system, and analyzes the legitimacy of the cross-cumulative assessment system under the framework of WTO. The last chapter mainly analyzes the accumulative assessment system of our country, analyzes the existing laws and regulations of our country and the concrete application of this system in practice by the Ministry of Commerce of our country, and finally, the provisions on how to perfect the accumulative assessment system in our country. In practice, how to better use the cumulative assessment system to protect our domestic industry, and how to deal with foreign countries to apply the cross-cumulative assessment system to China and other issues put forward some suggestions.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.1
[Abstract]:Cumulative assessment means that in the process of investigating anti-dumping or countervailing products imported by the importing country, the investigative body determines whether the product under investigation has caused harm to the relevant industries in the country, If the products under investigation from different countries or regions compete with each other, and if there is a competitive relationship between the products under investigation and the products of the same kind in the country, The survey agencies will assess the impact of the products as a whole on the domestic industry. The cumulative assessment system was first created by the United States and later accepted by the WTO rules as a routine system in anti-dumping and countervailing investigation cases. However, because of the general provisions of the WTO rules on cumulative assessment, Therefore, the provisions of accumulative assessment system are different in the domestic law of different countries, and the practice of accumulative assessment system is different in the investigation of anti-dumping and countervailing. Cross-cumulative assessment is a special form of cumulative assessment, which usually includes two situations: one is to carry out cumulative assessment of imports from some countries subject to anti-dumping investigations and imports from other countries subject to countervailing investigations; Another case is a cumulative assessment of the dumped and subsidized products of the same country when they are subject to both anti-dumping and countervailing investigations. Because there is no authorization in the WTO rules and the domestic laws of various countries to apply the cross-cumulative assessment system, and the application of the cross-cumulative assessment system is not conducive to fair trade, there is a lot of criticism about the cross-cumulative assessment system in academic circles. This article is divided into four chapters to explain the accumulative evaluation system in anti-dumping and countervailing investigation: the first chapter is the general analysis of the cumulative evaluation system, from the historical origin of the cumulative evaluation system, the basic connotation. As well as the procedure of applying the cumulative assessment system and the impact of the application of the cumulative assessment system on international trade, the paper analyzes the cumulative assessment system in four aspects; The second chapter mainly analyzes the domestic rules and practice of cumulative assessment in the United States and the European Union, focusing on the analysis of "competitive conditions" and "co-investigated" by their domestic investigation agencies. And "negligible imports" and many other factors; The third chapter introduces and analyzes the cross-cumulative assessment system in the cumulative assessment system, and analyzes the legitimacy of the cross-cumulative assessment system under the framework of WTO. The last chapter mainly analyzes the accumulative assessment system of our country, analyzes the existing laws and regulations of our country and the concrete application of this system in practice by the Ministry of Commerce of our country, and finally, the provisions on how to perfect the accumulative assessment system in our country. In practice, how to better use the cumulative assessment system to protect our domestic industry, and how to deal with foreign countries to apply the cross-cumulative assessment system to China and other issues put forward some suggestions.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.1
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