On the handling skills of anti-dumping lawsuits

Talking about the handling skills of anti-dumping lawsuits

since the early 1990s, China has become the country with the most anti-dumping complaints in the world. Once encountering anti-dumping, how enterprises begin to respond to the lawsuit is a problem worth studying

when you find out whether you are a "litigation enterprise"

encounter anti-dumping, you must first find out whether you are a "litigation enterprise". There are two criteria for judging "enterprises involved in litigation":/p>

first, the products accused by the other party are the same as the products exported by the enterprise (including through foreign trade companies) to the prosecution country

second, the export occurred within the "investigation period" stipulated by the prosecution state

the anti-dumping prosecuting country will list the "customs commodity code" of the investigated product in its notice of filing, and give a specific description of it. Domestic enterprises can learn about the indictment and customs commodity code from the relevant import and Export Chamber of Commerce, so as to clarify the specific scope of the alleged product

it is worth noting that in foreign anti-dumping indictments against Chinese products, nine times out of ten, a "defendant list" will be listed, but being on this "blacklist" does not necessarily mean that the enterprises involved in the lawsuit, but the key depends on the above two conditions

generally, whether the export of Chinese enterprises is within the "investigation period" depends mainly on whether the date written on the "export invoice" is within this time range. Of course, the "contract date" and "shipment date" may also prevail according to specific circumstances

consult relevant import and export chambers of Commerce

according to the classification of commodities, the six domestic import and export chambers of commerce are respectively responsible for the organization of responding to anti-dumping cases encountered by minerals and chemical products, mechanical and electrical products, light industrial process products, textile products, food, native animal products, and medical and health products abroad. In case of anti-dumping, enterprises should organize with relevant enterprises in time to jointly negotiate countermeasures. Even for enterprises that want to respond to the lawsuit alone, it is suggested to contact the chamber of Commerce

enterprises should also learn from the chamber of Commerce about the procedures of anti-dumping litigation and the content of responding to the lawsuit, so as to have an overall understanding of the responding work they are facing. China's import and export chambers of Commerce have accumulated a lot of experience in organizing domestic enterprises to respond to foreign anti-dumping lawsuits, and have strong organizational capabilities

respond quickly and register in time to respond to the lawsuit

the whole trial time of an anti-dumping case may be as long as 12-15 months, but the time requirements are very tight at the beginning

first of all, see the enterprises responding to the lawsuit must "register" with the relevant competent authorities of the prosecution country within the specified time limit, and provide relevant preliminary materials at the same time. According to the regulations of the European Commission, if the specimen is subjected to axial tension under the action of axial load, the Respondent must register with the European Commission and submit basic materials within 15 days from the date of issuance of the notice on the commencement of the anti-dumping investigation; The United States also has similar provisions, and a hearing will be held about 21 days after the formal prosecution. If the Chinese respondent enterprise or agent wants to participate in or submit relevant opinions, it must register within a few days

the second is the answering work after registration. For example, the EU stipulates to answer an investigation document within 21 days after the issuance of the investigation notice. If a Chinese enterprise knows about the anti-dumping case only when the other party officially starts the investigation, the time for it to respond may be only a few days. Sometimes enterprises have already exceeded the registration deadline before they have understood the anti-dumping. At this time, they can only hope that the foreign anti-dumping authorities will "turn a blind eye" to the late materials

missing the opportunity to respond at the initial stage may not necessarily lead to the complete loss of the right of Chinese enterprises to respond, but it may have a very adverse impact on the future response. On the contrary, if we seize the opportunity, we may achieve a surprise effect

hire a good lawyer

the anti-dumping laws of some developed countries have become quite complex in the development process. Not only foreigners do not understand them, but also domestic enterprises of the prosecuting country often do not understand the mystery. Therefore, Chinese enterprises should hire a local lawyer of the prosecuting country in the case of responding to foreign lawsuits

hiring a good lawyer is the key to a good case. Like doctors, lawyers also have different branches or specialties, so we must find lawyers who are familiar with anti-dumping business, preferably lawyers who have fought cases related to China or "non market economy countries", rather than necessarily pursuing the size or fame of law firms

once a lawyer is selected, the enterprise should fully trust its own lawyer. In general, anti-dumping cases take one year, during which the "questionnaire survey" of anti-dumping should be answered many times, and the materials submitted should reach thousands of pages or even more. Therefore, it is very necessary to organize a special response team. This enterprise group is best led by enterprise leaders in person

start preparing the response materials as soon as possible

as long as you participate in the response, the following materials must be submitted without waiting for the case to officially start or a lawyer is selected to do the work. The materials to be prepared include: the company's business license, the articles of association, the company's organizational chart, the balance sheet and income statement of the past two years, the production capacity, output, sales volume (including domestic and export sales), export volume of the products involved in the lawsuit in the past three to five years, etc. It is best to translate the materials into English. Doing these jobs well in advance can save valuable response time. In addition, before the anti-dumping questionnaire is sent, you can ask the relevant import and Export Chamber of Commerce for the questionnaire samples of past cases for trial answers

adjust export strategies appropriately according to the situation

although the vast majority of Chinese enterprises have a clear conscience about whether their export commodities are dumping, because the method of "substitute country" may be used in anti-dumping investigations, complex calculations need to be carried out, and the change trend of China's export volume is also an important basis for judging the damage and threat caused by this product. Therefore, Once foreign countries file anti-dumping lawsuits, "murielginollin added, enterprises should carefully consider whether even today's Nokia is fond of plastics, and need to adjust its export strategy, or even postpone its export, so as not to" give people a handle "

in short, responding to anti-dumping lawsuits is not more difficult than other "lawsuits", but we must respond quickly, be resolute, and not give up halfway