方慧瑩

In recent years， Indias frequent application of anti-dumping measures for products launched an investigation into other countries and regions， and become the current using the measures most populous country in the world， its main motive is for the protection of domestic industries. For Chinese products also have anti-dumping sanctions.

1 concept of dumping and anti-dumping

Dumping definition from economists Jacob wye （JocobViner）， refers to the price discrimination between the same goods in different markets.

2 he Indian anti-dumping policy

2.1 The institutional arrangements

In order to adapt to the new anti-dumping， anti-subsidy and safeguard measures， according to the modified the provisions of the customs tariff act 51995， the Indian government on April 13， 1998， set up for dealing with anti-dumping， anti-subsidy and safeguard measures of concrete affairs of anti-dumping affairs administration. The Indian government is usually accept first belonged to the chamber of commerce in charge of some small businesses to FenJiao is set by the government of the expert group to deal with， after anti-dumping investigation authorities in the investigation and judgment， the agency will be assigned to an official （usually of Commerce Department undersecretary） host announced the levy taxes， and in the assembly after the meeting was handed over to the ministry of finance in accordance with the decision to impose anti-dumping duties.

2.2 The basic operation mode

Not only inherited Indian anti-dumping law the provisions of the developed countries and developing countries own uniqueness. Overall， Indias anti-dumping law and the WTO anti-dumping agreement on the content of the basic is the same. But Indias anti-dumping policy， increasingly closer to the developed countries. In the aspect of dumping， expanding the scope of the implementation of the measures continuously strengthen efforts to protect domestic industry. Although from exporters in developing countries put forward the price of commitment， but still to the margin of dumping imports from developing countries adopt international standard.

3 Indian anti-dumping characteristics and the reasons

3.1 The Indian anti-dumping characteristics

In the process of actual investigation and ruling， investigators is relatively arbitrary， in some cases the independent form opinions and conclusions， and ignore responses to enterprises defence. The official handling the case in India may not be seriously consult any file， to deny the conclusion of its market economy status. India investigation organ is interested in this raw materials， production processes， and USES different product mix for the same kind of products to initiate an investigation， in Chinas enterprises cannot determine product to suit， surveyed normal value is overvalued.

3.2 Why Indian anti-dumping

Our country export commodities cost is low. Compared with India， because of Chinas rural reform， agricultural labor transfer fast， low labor costs， foreign investment， high productivity， enhancing the competitiveness of export commodities. Indian consumers to buy Chinese goods， a lot is smuggled goods to China. Shall be examined and approved by the Chinas exports to India and Nepal， myanmar and other neighboring countries smuggling trade area to separate.

4 Chinas export trade deal with Suggestions

（1） Make full use of WTO dispute settlement mechanism and the relevant agreements， allow India to correct errors or improper rules and practices. According to WTO “anti-dumping agreement” regulation， in India to our country export enterprises product preliminary decision to the interim measures. After Chinas accession to the WTO， have the right to participate in the international trade rules， shall establish justice in the international antidumping order， inhibition of relevant countries borrow the name of anti-dumping line and the reality of the trade protectionism can play a bigger role.

（2）To strengthen government guidance， supervision and regulation of enterprises to export action， it is forbidden to export enterprises at a low price campaign， maintain the normal order of export. In the export of specific pricing， based on similar foreign standards determine the price of the same products as objective and feasible “bottom line” price， and guide enterprises in the process of contract pushing for elastic terms of price， so that the enterprise timely and flexible price adjustment， avoid economic losses and anti-dumping.

（3）Speed up the training specialized personnel in is engaged in the anti-dumping lawsuits. At present， our country is engaged in the anti-dumping lawsuits in the way of specialized personnel， specially dealing with Indian anti-dumping talent is less. In the anti-dumping lawsuits， hire foreign law case， not only have to pay higher fees， and often cannot fully reflect our intent， not conducive to safeguard the legitimate rights and interests of Chinese enterprises.

作者單位

嘉興職業(yè)技術學院