战国策翻译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
raidMaterial Source: international economics,July1984 Author: Richard
Senti Zurich
两星期In recent times, the number of dumping actions has shown a striking correlation with the respective level of economic activity, The
following obrvations 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.
足疗培训学校For years, dumping actions have been at the centre of discussions in the trade negotiations between th
e 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 ead 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 Act 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 the 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 majority of actions are directed at the industrialid nations and only a few against the developing countries. Neither withdrawn actions nor tho which resulted in a negative decision are included in the figures.
Table 2 shows between which trade partners dumping negotiations took place during the years 1981/
82, i.e. which countries instituted proceedings and which were sitting in the dock as far as was reported to GATT.
gracefullyUS 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. According to the 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 other members".
Only a year later, the Americans submitted the Charter for the Creation of an International Trade Organisation containing concrete初级日语学习
suggestions on the anti-dumping ttlement s which were later adopted by the Havana Charter s and GATT without undergoing significant alterations. Both the basic 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
新年快乐的英语law, the Americans impod something akin to a fine 8 if 1 imports were offered in the USA at a lower price than in the country of origin and 2 as a result American industry was expod to rious 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
following 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 in the USA than in a third country modified price criterion. - In ca 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 the cost criterion to cover cas 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 veral delegates demanded going beyond the US regulation of price dumping of that time and incorporating rvice, e
xchange-rate and social dumping. Service dumping revolves around freight costs, i.e. the cheapening of exports by way of dumped transport rvices. Exchange-rate dumping is the cheapening of exports in the form of parity guarantees
heathcliff
and foreign exchange allowances. 13 Social dumping is constituted in cas 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 the US proposal.
There were initial differences of opinion regarding the extent ofremoved
the damage necessary for counter-measures to be taken. Must rious, material or indeterminate injury occur before counter-measures can be taken? Does the difference between domestic price and export price have to reach certain at least 5 % of the domestic price before counter-measures can be justified? Can rious injury caud 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? The 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 cau or
threaten material injury to an established domestic industry, or is such as to retard materially the establishment of a domestic 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 cas where delay might cau "damage that would be difficult to repair", immediate measures are permitted without the need to ek the prior connt of the contracting parties to GATT. 15
ttleintoThe 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. Subquently, they realid much to their annoyance that the negotiating parties werespotlighting the 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 Americans' hands in many a procedural question, otherwi hitsparticularly hard at Canada and Great Britain.
Canada's 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 - according
to the American view- anti-dumping measures at that time were being misud for the protection of the domestic economy. From the US perspective, the advantages associated with the Anti-Dumping Code
