Analysis of the anti―dumping measures on imports in the perspective of industria

时间:2022-02-16 03:02:30

Abstract. The foreign products entering China by way of dumping are gradually increasing and have posted a threat to China's industrial security. On the basis of the dumping situation of the foreign products in China, the author analyzes the effect of the import dumping on China's industrial security, and studies China's anti-dumping measures from the perspective of the industrial security. Through the establishment of an efficient linkage mechanism, including the relevant government departments, enterprises and intermediary agencies, give full play to the roles of the anti-dumping measures to safeguard the fair competition, and protect the domestic industries.

Key words: Foreign anti-dumping; trade policy; new political economics; empirical analysis

With the rapid development of the economic globalization and the regional economic integration, the industrial safety has become a common problem facing the world. The rapid development of the foreign direct investment and the import trades has posed a threat to China's industrial security. Therefore, it is of great significance to actively use the anti-dumping measures to safeguard our industry safety.

1. The general situation of the foreign products,

dumping in China

Since the reforming and opening, especially the 1990s, foreign products in China by way of dumping are gradually increasing. In 1997, Yibin Paper and other 9 producers of newsprint made out your application to the original MOFTEC, and requested the anti-dumping investigation on the imported newsprint originating in Canada, Korea and America. The ministry of foreign trade decided to impose the anti-dumping duties on the newsprint originating in the above 3 countries from July 10, 1998, for a period of 5 years, and the applicable tax rate is 9%-78%, which is China's first anti-dumping case.

From the number of anti-dumping cases in our country, it showed an upward trend year by year. By December, 2006, there has been 47 files placed on, among which there are 12 from 1997 to December, 2001, and 12 from January, 2005 to December, 2006. From the industry point of view, it has gradually increased; from the papermaking gradually expand to the chemical industry, metallurgy, textile, electronics, light industry and the pharmaceutical industry. From the involved countries (or regions), it also showed an increasing trend, from 3 in 1997 to 25 at present, both in developed countries (or areas) and also in developing countries (or areas).

In the further analysis of the products involved in the case, the products involved in the case are mainly concentrated in the chemical industry, with a total of 32, accounting for 68% of all cases. The metallurgy and paper industry follows, with a total of 18, accounting for 38% of all cases. From these data, we can see that China's anti-dumping import products involving in the case are mainly the raw materials and the primary products. Because our country is in a period of rapid economic development, the demand for the raw materials and the primary products is huge and there is a huge gap, and the relevant domestic industrial competitiveness is not strong, causing foreign large-scale dumping products in our country.

In the further analysis, we find that the involved countries and regions are mainly concentrated in Japan (29 cases), South Korea (28 cases), American (22 cases), Taiwan (11 cases), Russia (9 cases), and European Union (8 cases), and the countries and regions involving in the cases are more concentrated. The countries and areas involving in the case are China's major trading partners. According to the statistics of the Ministry of Commerce in 2006, they were ranked the top ten of China's import sources, among which, Taiwan area, South Korea and Japan was also the first 3 in China's trade deficit sources. In Japan, South Korea and Taiwan, because we are in a deficit position, therefore, the trade friction that the imbalance of the bilateral trade brings about has to be reflected in the anti-dumping investigations. Because USA, EU and Russia are China's major trading partners, there is a comparative advantage in some industries, which provide a possible way for the enterprises of these countries to occupy China’s market in the way of dumping.

2. The main factors affecting the China's foreign antidumping decision

The main motivation of Chinese foreign anti-dumping mainly has three types. The first is to boycott the imported dumping behaviors, and safeguard the fair trades. The second is to restrict the imports, to protect the domestic industries. The third is anti-dumping measures to retaliate against the foreign products. As far as the analysis of the political objectives, to protect the domestic industries is the essence of the anti-dumping legislation. In accordance with the provisions of the anti-dumping agreement, the investigation to determine the existence, degree and effect of any alleged dumping should be initiated after the receipt of a written application made by or on behalf of the domestic industries. At the same time, the competent authorities shall review the accuracy and adequacy of the evidence provided in the application, to determine whether there is sufficient evidence to justify the initiation of an investigation. When the authorities believe that there is not sufficient evidence of the dumping or injury, or it is just the dumping margin trace, or the damage can be ignored, they can terminate the investigation. Therefore, from the investigation of the cases it can be seen the attitude of the Chinese government agencies to protect the domestic industries through the anti-dumping. So in the analysis of factors affecting the China foreign anti-dumping, select the case number each year of China foreign anti-dumping investigation as the dependent variable. And in terms of the selection of the independent variable, the author has referred to the China tariff adjustment model of Sheng Bin and Huang Jianzhong, and the author analyzes the following 8 indexes:

2-1. The overall labor productivity

That is the ratio of the industrial added value of the number of workers. For China, the industries with high labor productivity mostly have the characteristics of obvious technological innovation, scale economy, and high economic benefits, which belong to the industries of the national priorities to encourage and focus on the development, so the expected symbol of the variable is positive. But at the same time, the production of the industries with high productivity has obvious comparative advantages. Generally speaking, anti-dumping and other trade protection is the protection of the inverse comparative advantages. The higher the comparative advantage of the industrial production is, the lower the protection rate is, and the fewer the foreign anti-dumping cases are. At this time, the desired symbol of the variable is negative. Combining the two symbols, the expected symbol of the variable is indefinite.

2-2. Gross industrial output value

The higher the total industrial output value is, the more important the national economy is, the higher the weight of the objective function in the government is, and the higher the protection is that the government gives to this industry. So the expected symbol of the variables to the number of cases of anti-dumping investigation is positive.

2-3. Competitiveness index

It is the ratio of the net export value of every industry and the sum of the import and export trade volumes. The larger the value is, the more competitive the industry is in the international trade. According to the traditional theory of the international trade, the higher the competitiveness of the industry is, the greater the comparative advantage is, and the more they do not need the anti-dumping to obtain the government protection. But on the other hand, the industry is also the strategic industry of the country, and the government will strengthen the protection of them, so the expected symbol of this variable is indefinite.

2-4. The number of enterprises of the industry that the appealing enterprises belong to

The bigger the number of the industrial enterprises is, the more it will cause the free rider problems, and the harder it is to organize to file on the anti-dumping investigation, and finally the less the number of the anti-dumping investigations will be. According to the provisions of the regulations on anti-dumping in China, in the domestic industries expressing support or opposition to the application, the production of the supporters accounts for more than 50% of the total output of both the supporters and the opponents, which shall be deemed as the application made by or on behalf of the domestic industries, and should start the anti-dumping investigation. And if the output of the domestic products supporting the application is less than 25% of the total yield of the same category of domestic producers, we do not start the anti-dumping investigation. The number of enterprises is smaller, which show that on one hand, the concentration degree is high, and it is relatively easy to reach the required standard of the anti-dumping investigation. On the other hand, the smaller the number of enterprises is, the less causing the dilemma of the collective action is, and the easier it is to organize to impose an application for the antidumping investigations. In this sense, the expected symbol of this variable is negative. But, if the quantity of the industrial enterprises is large, it shows that the position in the national economy will be higher in a certain extent, and the degree of the government’s protection in the industry may also be higher. It also represents a chip of the industry administrative authorities to bargain with the central government. To sum up, the expected symbol of this variable to the number of antidumping cases is infinitive.

2-5. The proportion of unprofitable firms in the industry

This index reflects the potential impact degree of the imports of certain industries. If the proportion is large, it shows that the external impact on the industry is greater. According to the goal of the pursuit of the social stability, when these enterprises seek protection from the government through the anti-dumping lawsuits, the probability of the government investigation may be bigger. Therefore, the expected symbol of the variables on the number of anti-dumping cases is positive.

2-6. The proportion of the national capital accounts for in the paid-in capital

The greater the proportion is, the more the state-owned enterprises in the industry are. Due to the systems, the state-owned industrial enterprises that have a large number of workers are often at a disadvantage in the competition, and the loss condition is more serious, and the burden of the placement of the laid-off personnel is heavier.

In order for the state-owned enterprises to avoid being influenced by the import on poor businesses at the same time, and further causing pressure to the social stability, the government will often help the industries with higher index tide over the difficulties with anti-dumping and other trade policies. Therefore, the expected symbol of the variables on the number of the anti-dumping investigation cases is positive.

2-7. The proportion of quantity of the employment in the total labor force

For the government in China with the full employment and the social stability as an important macro economic goal, we should avoid the unemployment caused by the import competing, so the expected symbol of the variables on the quantity of the anti-dumping ruling class is positive.

2-8. Import penetration

Using the ratio of the industry imports and the domestic consumption to calculate, according to the results of the protection for sale model of Gross man and Help man (1994), for the effectively organized industries, the lower the import permeability is, the higher the rate of trade protection will be. In contrast, for those industries which have not formed the interest group, the two have the direct proportional relationship. The lower the import permeability is, the lower the rate of trade protection will be. In our view, the industries with high import penetration are faced with more serious impact of the imports, and the government often protects them through the anti-dumping and other trade policies. So we think that the expected symbol of the variables on the number of the anti-dumping investigation cases is positive.

3. Measures in the face of the anti-dumping

3-1. The enterprises must strengthen the consciousness of self-protection, and establish the anti-dumping concepts.

The self-protective consciousness of the enterprises in our country is not strong, and while the domestic market suffers damages of the imported dumping products, they cannot complaint in a timely and effective manner, causing the enterprises suffering huge losses. The important reason is that the enterprises have the habit of hiding in the government's "wings", hoping that the government will solve for them. However, according to both the WTO anti-dumping agreement and China's anti-dumping regulations, or a large number of domestic and foreign anti-dumping practices, anti-dumping is the first the enterprises’ behavior. Therefore, Chinese enterprises should take the initiative to be familiar with and use the WTO rules, actively complain, and improve their awareness to use the international rules to protect them, to create a good and fair competitive environment for the healthy development of the enterprises, so that the enterprises can protect themselves against the dumping violations.

3-2. Enterprises should establish the anti-dumping mechanism, and pay attention to the anti-dumping complaint time.

According to the relevant anti-dumping laws and regulations of China, in the anti-dumping investigation, the survey period of the dumping existence and the dumping margin is placed one year before the case, and the survey period of the damage is placed 3- 5 years before the case, while the investigation organs shall not consider the imports and the injury beyond the investigation period. Therefore, the enterprises should choose a good opportunity to enhance the appeal, in order to increase the rate of winning the case. From the practice of our country's anti-dumping, the anti-dumping of the enterprises in China moves slowly. Therefore, the enterprises in our country that suffered from the dumping especially the large enterprises should strengthen the management of the anti-dumping. First, set up the anti-dumping mechanisms within the enterprises, and make them in the charge of the enterprise levels. Second, establish the anti-dumping early warning systems inside the enterprises, and master the import quantity of the relevant products and the price change trend, sales prices in the market of the exporting country and the production costs and other information, to timely put forward the anti-dumping warning, and shorten the time from gathering evidences to filing, to launch anti-dumping investigations as soon as possible, in order to reduce the extent of the damage.

3-3. Enterprises should pay attention to avoiding the problems of the defendants, and strengthen coordination and cooperation.

Since the 1980s, after the dumping enterprises are circumvented, their anti-dumping behaviors are becoming more and more. Aiming at some circumvention behaviors of the foreign anti-dumping recently, the appealing enterprises should carry out strict prevention, pay attention to the joint operations of the anti-dumping and the anti-circumvention, and positively research on various forms of shunning in the anti dumping. Collect relevant evidences, and once it can be identified as the avoidance, timely appeal to the investigative organs to investigate and take anti circumvention measures in accordance with the relevant provisions, in order to improve the effectiveness of anti dumping. The proposed anti-dumping complaints will require that the output of the domestic similar products that the appealing people are on behalf of should account for most of the domestic industries, and once the foreign countries dump in China, what suffers the damage will be the whole industry. Therefore, we should strengthen the coordination and cooperation in the field of anti-dumping between enterprises.

4. Conclusion

Based on the empirical analysis of the number of cases affecting Chinese foreign anti-dumping investigations, we get the following conclusions:

First, we can use the perspective of the political economy of the trade policies to explain the political and economic reasons for China’s foreign anti-dumping. That is to say, the political economics is applied in the analysis of the trade policies in China.

China’s foreign anti-dumping is affected not only by the national strategies, but also by the production enterprises (interest groups). The overall labor productivity, the proportion of the industry losses, and the proportion of the employment in the whole labor force, all these variables have significant positive effects on the case number of the Chinese foreign anti-dumping investigations. The government will often protect the industries with a high proportion of loss-making enterprises and high proportion of the employment in the whole labor force through the anti-dumping and other trade policies, reflecting the government's attention to the income of the particular interest groups.

References

[1] Gu Kejian. The integration of the models applied to Chinese endogenous trade policies [J], Economic research, 2003, 2, (9): 14-17

[2] Sheng Bin. Analysis on the political economics of China’s foreign trade policies [M], Shanghai: Shanghai Sanlian bookstore, Shanghai people's publishing house, 2002, 7, (8): 39-42

[3] Li Kunwang, Wang Xiaosong. The political power and the discrimination of the American antidumping in China [J], The world economy, 2008, 2, (6): 55-58

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