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학술논문안암법학2011.05 발행

중국의 상계관세제도와 실행에 관한 연구- 미국산 방향성 전기강판에 대한 상계관세 판정을 중심으로-

A Study on China’ System and Practice Regarding Countervailing Duties

마광(浙江大学校)

35호, 405~433쪽

초록

Along with increased countervailing duty investigations that China is confronted with in foreign exports and the gradual establishment of the perfect market economic position of China, the effect of countervailing measures regarding partial industries has already transformed from potential threats to realistic losses. Import nations simultaneously use the two methods of anti-dumping and countervailing measures with other safeguard measures, and provide serious effects to the export firms of China while putting on brakes in exports of Chinese products. China had not imposed countervailing duties on any item until the year 2009, and adopts a defensive stance regarding this matter. However, change is brought on such stance of China by the imposition of countervailing duties on 10 and 6 cases from other member nations in 2008 and 2009, respectively. Such change appears after the Chinese Ministry of Commerce launches countervailing duty investigation regarding American grain oriented flat-rolled electrical steel in June 1, 2009. China clarified the will to protect the domestic industries by actively using countervailing duties with the decision to continuously impose counter- vailing duties regarding American grain oriented flat-rolled electrical steel and chicken products in 2010. China’s legal system of countervailing duties has been formed by constructing State Council administrative regulations, departmental rules of State Council administrative institution, and judicial interpretation of Supreme People's Court into basic structure. This article has examined China’ countervailing duty laws and related decision content focused on countervailing duty investigation and decision regarding American grain oriented flat-rolled electrical steel, the first case of countervailing duty imposition by China.

Abstract

Along with increased countervailing duty investigations that China is confronted with in foreign exports and the gradual establishment of the perfect market economic position of China, the effect of countervailing measures regarding partial industries has already transformed from potential threats to realistic losses. Import nations simultaneously use the two methods of anti-dumping and countervailing measures with other safeguard measures, and provide serious effects to the export firms of China while putting on brakes in exports of Chinese products. China had not imposed countervailing duties on any item until the year 2009, and adopts a defensive stance regarding this matter. However, change is brought on such stance of China by the imposition of countervailing duties on 10 and 6 cases from other member nations in 2008 and 2009, respectively. Such change appears after the Chinese Ministry of Commerce launches countervailing duty investigation regarding American grain oriented flat-rolled electrical steel in June 1, 2009. China clarified the will to protect the domestic industries by actively using countervailing duties with the decision to continuously impose counter- vailing duties regarding American grain oriented flat-rolled electrical steel and chicken products in 2010. China’s legal system of countervailing duties has been formed by constructing State Council administrative regulations, departmental rules of State Council administrative institution, and judicial interpretation of Supreme People's Court into basic structure. This article has examined China’ countervailing duty laws and related decision content focused on countervailing duty investigation and decision regarding American grain oriented flat-rolled electrical steel, the first case of countervailing duty imposition by China.

발행기관:
안암법학회
DOI:
http://dx.doi.org/10.22822/alr..35.201105.405
분류:
법학일반

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