Anti-dumping proceedings, non-tariff trade barriers, are adopted by governments to protect domestic industries by driving out foreign products.
Quite a few Chinese products have had antidumping actions filed against them by the U.S. Department of Commerce. At the same time, a new Anti-dumping regulation promulgated by the State Council of China took effect on January 1, 2002, which allows the Chinese government to protect Chinese industries from severe dumping actions by a foreign country.
Generally there are three factors that contribute to a "dumping" charge:dumping, injury, and causation. In practice, each factor requires facts, data, and analyses for support. Moreover, since both China and the U.S. are WTO member countries, their anti-dumping practices must conform to their obligations under the relevant WTO document. Therefore, anti-dumping practices become even more complicated under the WTO legal framework.
Due to their complexity, anti-dumping cases require knowledgeable, skillful and experienced lawyers to advise and represent you. Affiliated with reputable U.S. and Chinese law firms that specialize in anti-dumping practice, we can help both U.S. and Chinese clients with anti-dumping petitions, anti-dumping investigations (including preparing answers to formal anti-dumping questionnaires), countervailing duties investigations, reviews of anti-dumping orders, and consequent court proceedings both in the U.S. and China. We also have a legal team experienced in anti-dumping mediation, which will help clients reach a settlement. Furthermore, we can work closely with clients to evaluate and monitor pricing schemes to best avoid potential anti-dumping charges.
To review the latest anti-dumping Decisions made by the Ministry of Commerce of the PRC and relevant anti-dumping news, please visit the Ministry’s official website by clicking here.
You may find relevant information at the official website of U.S. Department of Commerce by clicking here.
Article "Antidumping Procedure of China" contributed by Mr. DU Peng, who graduated from University of Michigan School of Law in May, 2002, with an LL.M. degree. We appreciate his contributions greatly.
Please see the other practice areas of Chinese law in which we can provide consultations below: