INTO THE STORM
FOR much of the past year the fast-growing economies of the emerging world watched the Western financial hurricane from afar. Their own banks held few of the mortgage-based assets that undid the rich world’s financial firms. Commodity exporters were thriving, thanks to high prices for raw materials. China’s economic juggernaut powered on. And, from Budapest to Brasília, an abundance of credit fuelled domestic demand. Even as talk mounted of the rich world suffering its worst financial collapse since the Depression, emerging economies seemed a long way from the centre of the storm.
过去一年的大部分时间里,高速发展的新兴国家一直在远处观望着西方国家的金融风暴。他们的银行仅持有少量抵押资产,而类似的资产已经破坏了发达国家的金融公司。商品出口商因为原材料的高价格而日渐富有。中国不可抗拒的经济力量已然开启,而且信贷刺激的内需从布达佩斯到巴西利亚都表现得非常充足。尽管大萧条后关于西方国家受难于金融崩塌的话题与日俱增,但新兴国家似乎距离金融风暴的中心还有一段距离。
No longer. As foreign capital has fled and confidence evaporated, the emerging world’s stockmarkets have plunged (in some cases losing half their value) and currencies tumbled. The seizure in the credit market caused havoc, as foreign banks abruptly stopped lending and stepped back from even the most basic banking services, including trade credits.
不过目前的情况不再是那样了,随着境外资本的流失和经济信心的消失,新兴国家股市暴跌(有些地区已经腰斩),本币迅速贬值。由于外国银行突然中断贷款,并且收缩了包括贸易信贷在内的基础银行服务,新兴国家的信贷市场突发混乱,并引发了一场浩劫。
Like their rich-world counterparts, governments are battling to limit the damage (see article). That is easiest for those with large foreign-exchange reserves. Russia is spending $220 billion to shore up its financial services industry. South Korea has guaranteed $100 billion of its banks’ debt. Less well-endowed countries are asking for help. Hungary has secured a EURO5 billion ($6.6 billion) lifeline from the European Central Bank and is negotiating a loan from the IMF, as is Ukraine. Close to a dozen countries are talking to the fund about financial help.
新兴国家的政府和发达国家的政府一样都在为控制损失程度而奋斗。不过对于外汇储备充足的国家来说难度会小一些:俄罗斯斥资2200亿美元重振金融服务行业;韩国政府担保了1000亿美元的银行债务。而那些储备并不充足的国家正在四处求援:匈牙利成功向欧洲央行求得了50亿欧元(约66亿美元)的生命线,同时也在同国际货币基金组织协商借款事宜,同时向国际货币基金组织求援的还有乌克兰。近一打儿的国家在向基金组织求助。
Those with long-standing problems are being driven to desperate measures. Argentina is nationalising its private pension funds, seemingly to stave off default (see article). But even stalwarts are looking weaker. Figures released this week showed that China’s growth slowed to 9% in the year to the third quarter-still a rapid pace but a lot slower than the double-digit rates of recent years.
有持续问题的国家正棋行险招:阿根廷正在将私人养老金国有化,意图阻止违约的发生。即使强有力的国家也表现出虚弱一面:本周公布的数字表明今年中国的增长率在第三季度减缓为9%,虽然增速还算快,但是与近些年的两位数增率相比缓慢了不少。
Blowing cold on credit
对信贷没兴趣
The various emerging economies are in different states of readiness, but the cumulative impact of all this will be enormous. Most obviously, how these countries fare will determine whether the world economy faces a mild recession or something nastier. Emerging economies accounted for around three-quarters of global growth over the past 18 months. But their economic fate will also have political consequences.
众多新兴经济的意愿并不相同,但是累计在一起的影响力却非同一般。最明显的就是这些国家的表现将会决定世界经济所面临的是一个较为缓和的衰退还是更可怕的情况。在过去18个月的全球经济增长中,新兴经济贡献了75%。但是他们的经济命运也会有一些政治后果。
In many places-eastern Europe is one example (see article)-financial turmoil is hitting weak governments. But even strong regimes could suffer. Some experts think that China needs growth of 7% a year to contain social unrest. More generally, the coming strife will shape the debate about the integration of the world economy. Unlike many previous emerging-market crises, today’s mess spread from the rich world, largely thanks to increasingly integrated capital markets. If emerging economies collapse-either into a currency crisis or a sharp recession-there will be yet more questioning of the wisdom of globalised finance.
在类似东欧的很多地区,金融混乱目前的打击目标是软弱的政府;但强硬的政权同样会尝到苦果。一些专家认为中国每年需要7%的增长率来阻止社会动荡的发生。总体来说,如此争端必将影响全球经济一体化的讨论。与以往数次新兴经济危机不同,这次的混乱始于发达国家,很大程度上要归咎于一体化的资本市场。一旦新兴经济崩溃,无论是货币危机还是剧烈的经济萧条,大家对于金融全球化是否属明智之举会有更多的质疑。
Fortunately, the picture is not universally dire. All emerging economies will slow. Some will surely face deep recessions. But many are facing the present danger in stronger shape than ever before, armed with large reserves, flexible currencies and strong budgets. Good policy-both at home and in the rich world-can yet avoid a catastrophe.
幸运的是上述恐怖的场景没有发生在全球的每个角落:所有的新兴经济都会减缓发展速度,有一些也必将面临深度萧条;但是更多的国家在面临当下危机的时候却拥有比以往任何时候都强壮的形式,用充足的储备、弹性的货币和强大的预算武装自己。新兴国家及发达国家良好的政策可以避免大灾难的发生。
One reason for hope is that the direct economic fallout from the rich world’s disaster is manageable. Falling demand in America and Europe hurts exports, particularly in Asia and Mexico. Commodity prices have fallen: oil is down nearly 60% from its peak and many crops and metals have done worse. That has a mixed effect. Although it hurts commodity-exporters from Russia to South America, it helps commodity importers in Asia and reduces inflation fears everywhere. Countries like Venezuela that have been run badly are vulnerable (see article), but given the scale of the past boom, the commodity bust so far seems unlikely to cause widespread crises.
至少有一个原因值得抱有希望:发达国家此次灾难的直接经济影响还是在可控的范围内。欧美锐减的需求对出口来说无疑是一个打击,特别是对亚洲和墨西哥。商品价格走低:原油价格与巅峰时期比较已经下降了60%,很多粮食和金属类商品跌幅更大。这两个现象有混合效果:尽管从俄罗斯到南美的商品(能源)出口企业备受打击,但却帮助了亚洲的商品(能源)进口商,并且缓和了各地对通胀的恐惧。委内瑞拉的情形一直很糟糕,也很脆弱;不过由于过去极度的繁荣,商品价格下跌目前还不会引发大范围传播的危机。
The more dangerous shock is financial. Wealth is being squeezed as asset prices decline. China’s house prices, for instance, have started falling (see article). This will dampen domestic confidence, even though consumers are much less indebted than they are in the rich world. Elsewhere, the sudden dearth of foreign-bank lending and the flight of hedge funds and other investors from bond markets has slammed the brakes on credit growth. And just as booming credit once underpinned strong domestic spending, so tighter credit will mean slower growth.
比商品价格更令人震惊的事情发生在金融领域。由于资产价格的下降,财富水平正在被挤压缩水。以中国房价为例,目前已经开始下跌。尽管新兴国家的消费者比发达国家的负债水平低很多,上述情况还是会挫伤国内的经济信心。在其他方面,国外银行借款骤然匮乏、对冲基金以及其他投资者逃离债券市场,这些因素给信贷增长踩了一脚急刹车。正如发达的信贷曾经强力支撑国内支出那样,信贷紧缩将意味着增长放缓。
Again, the impact will differ by country. Thanks to huge current-account surpluses in China and the oil-exporters in the Gulf, emerging economies as a group still send capital to the rich world. But over 80 have deficits of more than 5% of GDP. Most of these are poor countries that live off foreign aid; but some larger ones rely on private capital. For the likes of Turkey and South Africa a sudden slowing in foreign financing would force a dramatic adjustment. A particular worry is eastern Europe, where many countries have double-digit deficits. In addition, even some countries with surpluses, such as Russia, have banks that have grown accustomed to easy foreign lending because of the integration of global finance. The rich world’s bank bail-outs may limit the squeeze, but the flow of capital to the emerging world will slow. The Institute of International Finance, a bankers’ group, expects a 30% decline in net flows of private capital from last year.
需要再次重申的是,冲击的表现会因国家的不同而有所区别。多亏中国和海湾产油国经常项目下的巨额顺差,新型经济整体还不断的向发达国家输送资本。但是80 多个国家的财政赤字已经超过GDP的5%,其中的多数是那些依靠国外救助过活得贫困国家;不过也有一些依靠私人资本的大国。对于类似土耳其和南非的国家来说,突然减缓的境外融资迫使其进行大幅调整。东欧的情况特别令人担忧,那里的不少国家赤字水平已经达到了两位数。另外,象俄罗斯这样处于顺差的国家,其银行也逐渐适应了可以轻易从外国取得的贷款,原因自然是全球金融一体化。发达国家的救助计划也许可以限制财富被挤压的水平,但资本流向新兴世界的速度无疑会减慢。国际金融研协会预测私人资本的净流量比去年回减少30%。
A wing and a prayer
飞行之翼与祈祷者
This credit crunch will be grim, but most emerging markets can avoid catastrophe. The biggest ones are in relatively good shape. The more vulnerable ones can (and should) be helped.
信贷紧缩必将令人生畏,不过多数新兴市场可以躲过一劫,最大的市场形势还相当不错。比较脆弱的市场可以(也应该)得到帮助。
Among the giants, China is in a league of its own, with a $2 trillion arsenal of reserves, a current-account surplus, little connection to foreign banks and a budget surplus that offers lots of room to boost spending. Since the country’s leaders have made clear that they will do whatever it takes to cushion growth, China’s economy is likely to slow-perhaps to 8%-but not collapse. Although that is not enough to save the world economy, such growth in China would put a floor under commodity prices and help other countries in the emerging world.
在那些坚强的巨人中,中国卓然不群:手握2万亿美元的储备,经常项下的顺差状态,与国外银行罕有关联,过剩的预算给推动支出留有足够空间。鉴于国家领导人已经明确表示将不惜一切代价为经济增长减速缓冲,中国的经济增长应该会减缓到大约8%的水平,但是决不会崩溃。虽然这不足以挽救世界经济,但是该增长率将会为商品价格建底并帮到新兴世界的其他国家。
The other large economies will be harder hit, but should be able to weather the storm. India has a big budget deficit and many Brazilian firms have a large foreign-currency exposure. But Brazil’s economy is diversified and both countries have plenty of reserves to smooth the shift to slower growth. With $550 billion of reserves, Russia ought to be able to stop a run on the rouble. In the short-term at least, the most vulnerable countries are all smaller ones.
其他的经济大国会受到更大的冲击,不过应该可以禁受住风暴侵袭。印度的财政赤字巨大,巴西很多公司面临巨大的外汇风险。但巴西经济已经实现多样化,同时上述两个国家拥有充足的储备来平稳过渡到缓慢的增长。俄罗斯掌握着5500亿美元的储备,应该能够阻止对卢布的抢购。至少在短期内,小国家才是最弱不禁风的。
There will be pain as tighter credit forces adjustments. But sensible, speedy international assistance would make a big difference. Several emerging countries have asked America’s Federal Reserve for liquidity support; some hope that China will bail them out. A better route is surely the IMF, which has huge expertise and some $250 billion to lend. Sadly, borrowing from the fund carries a stigma. That needs to change. The IMF should develop quicker, more flexible financial instruments and minimise the conditions it attaches to loans. Over the past month deft policymaking saw off calamity in the rich world. Now it is time for something similar in the emerging world.
受到紧缩信贷压力进行的调整必然带来痛苦,但快速的国际援助是明智之举,因为这会让结果很不相同。一些新兴国家已经向美联储求援以缓解流动性问题;有一些则希望中国可以拯救他们与水火。更佳的求救路线莫过于国际货币基金组织,因为它掌握大量的专门知识和2500亿美元的可出借款项。不幸的是人们认为向基金借款有辱其名,国际货币基金组织应该推出更快捷、更灵活的金融工具,同时实现借贷条件最小化。过去数月中,机敏的决策驱散了发达国家的灾难。现在也正是新兴世界发生类似事情的时候了。
Dumping - Anti-Dumping
(chinadaily.com.cn)
Updated: 2006-10-09 14:58
If a company exports a product at a price (export price) lower than the price it normally charges on its own home market (normal value), it is said to be 'dumping' the product.
Dumping can harm the domestic industry by reducing its sales volume and market shares, as well as its sales prices. This in turn can result in decline in profitability, job losses and, in the worst case, in the domestic industry going out of business.
Often, dumping is mistaken and simplified to mean cheap or low priced imports. However, it is a misunderstanding of the term. On the other hand, dumping, in its legal sense, means export of goods by a country to another country at a price lower than its normal value. Thus, dumping implies low priced imports only in the relative sense (relative to the normal value), and not in absolute sense.
Anti dumping is a measure to rectify the situation arising out of the dumping of goods and its trade distortive effect. Thus, the purpose of anti dumping duty is to rectify the trade distortive effect of dumping and re-establish fair trade. The use of anti dumping measure as an instrument of fair competition is permitted by the WTO. In fact, anti dumping is an instrument for ensuring fair trade and is not a measure of protection for the domestic industry. It provides relief to the domestic industry against the injury caused by dumping.
Anti dumping measures do not provide protection per se to the domestic industry. It only serves the purpose of providing remedy to the domestic industry against the injury caused by the unfair trade practice of dumping.
What is anti-duThe anti-dumping duty is the provisional additional duty levied by the importing countries on the imported products which are identified as exporting dumping and bring about damage to the relevant domestic industries in order to boycott the dumping of the exporting countries and protect the domestic industries.
Dumping refers to that the imported products come into Chinese market at an export price lower than their normal value in normal trade.
According to the Regulations of the People's Republic of China on Antidumping promulgated by the State Council on November 26, 2001 and effective as of January 1, 2002, any natural person, legal entity or relevant organization of domestic industry or representing domestic industry may apply to the MOFI'EC by law for anti-dumping investigation. Based on the results of the investigation, the MOFFEC and the State Economic and Trade Commission may make primary judgement respectively on dumping, damage and the tenability of causality of them.
Where the primary judgement confinus that the dumping is tenable and the dumping brings damages to the domestic industry, the provisional antidumping measures including levying interim anti-dumping duty may be taken.
The level of the interim anti-dumping duty should be matching with the dumping level primarily verified true.
The levying of the interim anti-dumping duty shall be suggested by MOFTEC, determined by the Tariff and Classification Committee of the State Council and then announced by MOFTEC. The Customs shall execute it from the date of its announcement.
The time period of the provisional anti-dumping measures shall be norreally 4 months starting from the date of decision announcement. In case of special circumstances, the time period may be prolonged to 9 months.
Within 60 days after the announcement of the anti-dumping investigation, no provisional anti-dumping measures should be taken.
During the antidumping investigation, the exporters dumping the imported products may promise to the MOFFEC of price change or stopping exportation at dumping price.
Where the MOFFEC believes that the price promise of the exporters may be acceptable, it may suspend or terminate the anti-dumping investigation and will not take the provisional anti-dumping measures or levy anti- dumping duty after discussion with the State Economic and Trade Commission.
Where the exporters break their price promise, the MOFFEC may, after discussion with the State Economic and Trade Connnission, immediately resmne the anti-dumping investigation. Based on the best information available, the MOFTEC may decide to take the anti-dumping measures and may retroactively pursue the anti-dumping duty on the products imported within 90 days prior to the taking of the provisional anti-dumping measure, except for the products imported before breaking the price promise.
Where the decision of the primary judgement justifies the dumping,damage and tenabihty of causality of them, the MOFFEC and the State Economic and Trade Commission should continue the investigation on the dumping and its level, damage and the level of the damage and make the final decision of judgement on basis of the results of the investigation.
Where the final decision of judgement justifies that the dumping is tenable and that it damages the domestic industry, anti-dumping duty may be levied.
The levying of the anti-dumping duty shall be suggested by MOFTEC,determined by the Tariff and Classification Committee of the State Council upon the suggestion of MOFTEC and then announced by MOFTEC. The Customs shall execute it from the date as announced.
The anti-dumping duty is applicable to the products imported after the date of the announcement of the final decision of judgement except otherwise Med.
The payers of the anti-dumping duty shall be the importing businessmen of the dumping products.
The anti-dumping duty should be determined in line with the dumping level of the exporters. In case of need to levy anti-dumping duty on the dumping importation products of exporters beyond the investigation, the antidumping duty should be determined in line with fair form. The level of the anti-dumping duty should not exceed the dumping level determined in final judgement.
Where the final judgement justifies the existence of the material damage and where the provisional anti-dumping measures have been taken before that, the anti-dumping duty may be pursued retroactively to the period of provisional anti-dumping measures.
Where the final judgement justifies the existence of threat of material damage and where the provisional anti-dumping measure have been taken for
the reason that later judgement of material damages would be made if not taking the provisional antidumping measm'es, the antidumping duty may be pursued retroactively to the period of the provisional antidumping measures.
Where the anti-dumping duty finally judged is higher than the interim antidumping duty paid or payable or than the value estimated for guaranty purpose, the part under collected shall be given up. Where the antidumping duty is lower than the interim anti-dumping duty paid or payable or than the value estimated for guaranty purpose, the part of duty overcollected should be rebated based on the practical circumstance or the duty should be recomputed.
The anti-dumping duty may be retroactively pursued to the dumping products imported within 90 days prior to the provisional antidumping measures if the following two circumstances coexist except for the products imported before the case is put on investigation:
a. The dumping products have a dumping history of damaging the domestic industries, or the imposing businessmen of the dumping products know or should know that the exporters are dumping the products and this dumping shall bring damage to the domestic industries;
b. Large quantity of the dumping products are imported in very short period and may serious damage the remedial effect of the antidumping duty.
Where the final judgement determines no antidumping duty to be levied or where the final judgement does not justify the retroactive pursue of antidumping duty, the interim anti-dumping duty already collected should be rebated.
Where the importers of the dumping import products have evidence proving that the anti-dumping duty paid is over the dumping level, they may apply to the MOFTEC for rebate of the duty. Upon examination, checking up and suggestion of the MOFTEC, the Tariff and Classification Committee of the State Council may decide to rebate the duty based on the suggestion of the MOFTEC. The rebate shall be executed by the Customs.
After levying anti-dumping duty on imported products, if the new exporters who do not export to China those products during the investigation can prove that they have nothing to do with the exporters subject to antidumping duty, they may apply to the MOFTEC for separate determination of the dumping level. The MOFTEC should quickly examine that and make final decision of judgement. During the examination, no anti-dumping duty should be levied on those products.
The time period for levying the anti-dumping duty is 5 years at maximum. However, the levying period of the anti-dumping duty may be extended properly if the termination of the levying might lead to continuity or recur rnce of the dumping and damage.
After the effectiveness of the anti-dumping duty, the MOFTEC may,after consulting with the State Economic and Trade Commission and under the condition of fair argument, decide to review the necessity of continuing to levy anti-dumping duty, or may, after fair length of time, decide to re iew the necessity of continuing to levying the anti-dumping duty at the request of the interest party and after examination of the evidence provided by the interest party.
Based on the review result, the MOFTEC shall put forward the suggestions as to maintain, revise or abohsh the anti-dumping duty. The Tariff and Classification Committee of the State Council shall make decision upon the suggestions of the MOFTEC and then the decision shall be announced by the MOFTEC.
mping duty Duties?
希望能帮到你:)
Elder-brother Spring is a pure yemer, real man with ironblood. He's people's good brother and father's best son.
China's steel industry was the largest anti-dumping investigations industry. Minmetals Import and Export Chamber of Commerce statistics, last year, China's steel anti-dumping involving a total of 15 cases, involving 1.95 billion yuan, iron and steel industry and color, clothing, footwear, like anti-dumping investigations, one of the key industries. Prior to this, our country there is a lot of steel products export tax rebates, some countries believe that China steel product of government subsidies, in the international market, China's large market share of steel products, export prices low and the dumping of steel products in China suspected heard.
The first half of 2008, involving China's iron and steel industry, a new anti-dumping investigation all-time high, which has a new investigation of 9 cases with final decisions have been made to 7, the anti-dumping cases last year than the total number of more , the European Union, the United States, Canada, Mexico, Indonesia and other countries have taken place in China's iron and steel products for the anti-dumping cases. Taking a panoramic view of the iron and steel industry products, and more anti-dumping cases, the existence of the following three salient features, the following key to the Canadian oil and gas to China seamless pipe brief analysis of anti-dumping as an example:
1. The existence of anti-dumping cases that the problem of non-uniform standards.
Standard anti-dumping cases that the crux of the problem is the fact of dumping and dumping margin found, for dumping the fact that the WTO is by comparing the export price and normal price found that the export price is lower than the normal price dumping, "normal price" is The fact that the existence of dumping of the decisive factors, but the "normal price" of that caliber because of the different statistics, the results are very different.
WTO rules, the normal price is often used to describe conditions in the general trade export of similar products in domestic comparable sales prices, such as the product of the domestic prices under control, often to third-country export prices of similar products to confirm the normal price. As part of the US-led Western countries not to recognize China's market economy status, the fact that the dumping and the dumping margin found on third-party countries often need to export prices, while the third-party countries to the fact that the dumping, how to determine the normal price There are also the standard problem of non-uniform. Such as: Canada Border Trade Department (CBSA) on February 7, 2008 China's exports to Canada of seamless oil casing anti-dumping, countervailing case the final decision to determine China's Tianjin Pipe Group Co., Ltd. and other enterprises involved in the case of six dumping margin of 37% ~ 45%; subsidy of 2% to 7%, other non-respondent enterprises dumping margin was 91%; subsidies for 38 percent; China's steel association that the CBSA in the absence of data to support a third country, to use in February 2008 magazine published a K55, N80 price of normal price, project L80, P110 casing of high-grade steel prices, as a basis for unilateral presumed the existence of dumping and dumping margin calculation is not right.
2. Anti-dumping and countervailing cases together, the specific implementation of double taxation.
Statistics show that took place in 2008 involving the 9 iron and steel industry in anti-dumping investigations, 5 the issue of anti-subsidy cases involving anti-dumping and countervailing cases have been closely together.
International Iron and Steel of China's iron and steel industry to accept the challenge of government subsidies. January 8, the League of the United States research group released a report that a large number of government energy subsidies in China become the world's largest producer and exporter of steel. Reported that in 2007, the Chinese steel industry is about 15.7 billion U.S. dollars of subsidies since 2000, an increase of 3800%. In addition, the CBSA in the casing of our seamless final anti-dumping identified Tianjin Pipe Group Co., Ltd. China, such as the existence of six enterprises involved in the case of 2% ~ 7% subsidy acts.
In the specific implementation of anti-dumping measures, the widespread dumping of international double taxation and subsidies. In today's world trade, anti-dumping anti-subsidy has become the main means of trade, therefore, for most countries to protect their own industry in violation of WTO provisions, the standard of double taxation. Such as: in the above-mentioned case, in Canada on a double standard there is the issue of double taxation, CBSA to determine China's Tianjin Pipe Group Co., Ltd. and other enterprises involved in the case of six-dumping rate of 37% ~ 45%; subsidy of 2% ~ 7 %, and other enterprises involved in the case of non-dumping margin was 91%; 38 percent subsidy. This should cause our government departments and relevant enterprises attach great importance to timely respond to the development of programs, organizations related enterprises to actively appeal and, when necessary, can be brought to WTO Dispute Settlement Body arbitration.
3. Anti-dumping cases is a complicated one, both sides involved in the case of information asymmetry, and lasted for a long time, huge amounts of money involved, covering a wide range of individual enterprises is difficult to take countermeasures, the need for government services, trade associations, guidance, steel enterprises to take measures jointly.
The existing framework of WTO, only governments, anti-dumping measures can be taken. Therefore, a country's trade or industry to pass the Government to initiate anti-dumping procedures. Usually a country's products if it finds that the existence of dumping practices, would be adopted by the Government to start anti-dumping investigations. If the export product under investigation to investigate a member of a member of dissatisfaction with the actions taken to bring the matter before the WTO can be resolved at this time, exporters must pass the national government would be able to take such action. In addition, the United States, the EU anti-dumping investigation procedures usually last for one year to 15 months, lasted for a long time, and the anti-dumping often involves a number of industry enterprises, the amount of up to several hundred million dollars.
Since 2008, China's steel industry experienced a number of anti-dumping investigations, of which, the United States, European Union, Canada, represented by the western countries on China's steel exports a wide range of anti-dumping investigations launched to reduce the domestic steel exports to China has caused great economic losses. While in the "General Agreement on Tariffs and" the issue of anti-dumping made it clear that countries in their own way but still the anti-dumping as a trade war with one of the main instruments of trade protectionism as the rise in the world, iron and steel anti-dumping cases have become worse.
钢铁行业是我国被反倾销调查最多的行业。五矿进出口商会统计,去年,我国涉及钢材的反倾销案件共15起,涉案金额19.5亿元,钢铁行业与彩电、服装、鞋业一样是反倾销调查的重点行业之一。此前,我国很多钢材产品存在着出口退税,部分国家认为中国钢材产品存在政府补贴,在国际市场上,我国钢材产品市场占有率高,出口价格低,对中国钢铁产品低价倾销的怀疑不绝于耳。
2008年上半年,涉及我国钢铁业的反倾销调查再创新历史新高,其中已经新立案调查的有9起,加上已经做出终裁决定的7起,反倾销案件比去年一年的总数量还多,欧盟、美国、加拿大、墨西哥、印尼等多个国家都发生了针对中国钢铁产品的反倾销事件。纵观钢铁业产品的多起反倾销案件,存在以下三个突出特点,下面重点以加拿大对中国无缝油气管反倾销为例简要剖析:
1.反倾销案件存在认定标准不统一的问题。
反倾销案件认定标准问题的关键是倾销事实和倾销幅度的认定,对于倾销事实的认定世贸组织规定是通过对比出口价格与正常价格来认定,出口价格低于正常价格就是倾销,“正常价格”是认定倾销事实是否存在的起决定性因素,但“正常价格”的认定因为统计口径不同,结果有很大差异。
世贸组织规定,正常价格通常是指在一般贸易条件下出口国国内同类产品的可比销售价格,如该产品的国内价格受到控制,往往以第三国同类产品出口价格来确认正常价格。由于以美国为首的部分西方国家不承认中国的市场经济地位,在倾销事实和倾销幅度的认定上,常需要第三方国出口价格,而以那个第三方国家来认定倾销事实,如何确定正常价格上也存在标准不统一的问题。如:加拿大边境贸易服务署(CBSA)于2008年2月7日对中国出口到加拿大的无缝石油套管反倾销、反补贴案最终裁决,判定中国天津钢管集团股份有限公司等六家应诉企业倾销幅度为37%~45%;补贴为2%~7%,其他非应诉企业倾销幅度为91%;补贴为38%;中国钢管协会认为CBSA在没有第三国数据支持,引用2008年2月某一杂志刊载的K55、N80的价格计算正常价格,推算L80、P110等高钢级套管的价格,单方面以此为依据推定存在倾销和计算倾销幅度是不妥当的。
2.反倾销案件与反补贴案件结合在一起,具体执行过程中存在双重征税的问题。
统计显示,在2008年发生的9起涉及钢铁行业反倾销调查中,有5起涉及反补贴问题,反倾销案件已经和反补贴密切结合在一起。
国际钢铁业存在对中国钢铁接受政府补贴的质疑。1月8日,美国制造联盟调查研究小组发布的一份报告称,大量的政府能源补贴使中国成为世界上最大的钢材生产和出口国。报告称,2007年,中国钢铁业补贴约为157亿美元,自2000年以来增长了3800%。此外,在CBSA在对我国无缝石油套管反倾销终裁中认定中国天津钢管集团股份有限公司等六家应诉企业的存在2%~7%补贴行为。
在反倾销措施具体实施过程中,国际上广泛存在倾销和补贴双重计算征税。当今世界贸易中,反倾销反补贴已经成为贸易战的主要手段之一,因此,为保护本国产业多数国家违反WTO的规定,采取双重计算标准征税。如:在上述案件中,加拿大就存在着双重计算标准双重征税的问题,CBSA判定中国天津钢管集团股份有限公司等六家应诉企业倾销幅度为37%~45%;补贴为2%~7%,其他非应诉企业倾销幅度为91%;补贴为38%。此举应引起我国政府有关部门及相关企业的高度重视,及时制定应对方案,组织相关企业积极上诉,必要时,可以提交WTO争端解决机构仲裁解决。
3.反倾销案件程序复杂,涉案双方信息不对称,且持续时间长,涉案金额巨大、涉及面广,单个企业很难采取对策,需要政府服务、行业协会指导、钢企联合采取措施。
现行世贸组织框架中,只有政府,才能采取反倾销措施。因此,一国的贸易商或产业界必须通过政府来启动反倾销程序。通常一国要是认定它国产品存在倾销行为,会通过政府启动反倾销调查。若出口产品受到调查的成员不满展开调查的成员所采取的行动,可以将问题提交世贸组织解决,此时,出口商必须通过本国政府才能采取这样的行动。此外,美国、欧盟的反倾销调查程序通常持续一年至15个月,持续时间长,且反倾销常涉及行业内多个企业,金额高达数亿元。
2008年以来,我国钢铁业遭遇了多起反倾销调查,其中,美国、欧盟、加拿大为代表的西方国家对我国出口的多种钢材展开了反倾销调查,缩减了国内钢材的出口,给我国造成了巨大的经济损失。虽然在《关税及贸易总协定》中对反倾销问题做了明确规定,但实际上各国各行其是,仍把反倾销做为贸易战的主要手段之一,随着贸易保护主义在世界范围内的抬头,钢铁反倾销案有愈演愈烈之势。