美國(guó)經(jīng)濟(jì)類dissertation范文指導(dǎo)：美國(guó)經(jīng)濟(jì)反傾銷復(fù)審制度的分析U.S. anti-dumping sunset review of the annual review and the System of

Fisrt annual review
一、年度復(fù)審

Anti- dumping duty in two ways: prospective and retrospective levy imposed . EU adopt anticipatory collection methods, to make anti-dumping duties levied from date of the award levied on all future products . U.S. retrospective collection methods are used , exporters before the dumping margin determined in accordance with final pay the security deposit , the actual payment of the final anti-dumping duty administrative review by the later of the actual export prices according to exporters calculate the actual dumping margin determined ③ . Administrative review mentioned here in a narrow sense , refers specifically to annual review . Adopted in 1994, the United States , " the Uruguay Round Agreements Act " stipulates that the Ministry of Commerce issued antidumping duty must make a full year later, at least every 12 months to conduct a review to determine if the anti-dumping tax . Some scholars believe that the final part of the annual review to determine the scope of the antidumping duty order is not WTO " Anti-Dumping Agreement " provisions of Article 11 of the administrative review, shall be subject to Article 9 of the Agreement on the " anti-dumping duty imposed " requirement specification. Some scholars believe that the annual review is a mid-term review , only two different translation . Annual review has two effects : first, the Ministry of Commerce issued antidumping duty orders each year after " anniversary month ④", the annual review should request interested parties to investigate the actual margin of dumping exporters and finalize the anti-dumping duty ; Second , reflexive -dumping duty order the release date of the third and subsequent " anniversary month" began to be interested party can apply for review of anti-dumping duty on the appropriateness of decision on whether to cancel the decision of the anti-dumping duty order . Thus, to determine the final annual review of anti-dumping tax rate is not the only role, through an annual review but also on the presence of anti-dumping duty on the legitimacy of the review , which is an important feature of administrative review . Therefore , I believe that the U.S. anti-dumping laws in nature should remain with the annual review of the scope of administrative review , is a system of administrative review with American characteristics .
反傾銷稅的征收有兩種形式：預(yù)先期待性征收和追溯性征收。歐盟采預(yù)先期待性征收形式，自做出反傾銷稅征收裁決之日起對(duì)日后全部產(chǎn)品征收。美國(guó)則認(rèn)為合適而使用追溯性征收形式，出口商先依照終裁確認(rèn)的傾銷幅度繳納擔(dān)保金，最后實(shí)際繳納的反傾銷稅，則由后來的行政復(fù)審依據(jù)出口商的實(shí)際出口價(jià)錢計(jì)算出實(shí)際的傾銷幅度來確認(rèn)③。這處提到的行政復(fù)審是狹義的，特指年份復(fù)審。

1 . Annual review of the launch . 1984 review by the Commerce Department before starting their own , after the administrative burden on the competent authorities to reduce and increase administrative efficiency considerations, changed upon application startup . Department of Commerce published monthly maturity annual review of the case can be carried to remind the parties put forward a request for reexamination ⑤. For determining the annual review of anti-dumping tax , interested parties may antidumping duty order, issued for one year , the anniversary month of each lift . For the anti-dumping duty orders appropriateness review , interested parties only in the antidumping duty order, issued after the third and each subsequent anniversary of the month mentioned.
1．年份復(fù)審的發(fā)動(dòng)。1984年曾經(jīng)復(fù)審由商業(yè)上的事務(wù)部自行開始工作，后基于減緩主管扳機(jī)行政負(fù)擔(dān)以及增長(zhǎng)行政速率的思索問題，改為依提出請(qǐng)求開始工作。商業(yè)上的事務(wù)部每月揭曉一次到期可以施行年份復(fù)審的違法案件，以提示當(dāng)事人提出復(fù)審煩請(qǐng)⑤。

2 . Annual review of the content and consequences . For the determination of anti-dumping tax to annual review , the Commerce Department will be based on the latest verified the product's actual dumping margin , determine the latest anti-dumping tax rate , and the results are published in the " Federal Register " on the outcome of the review after the announcement , the customs to the new tax rate at 90 days to complete clearance of the product concerned , according to a new review of the revised cash deposit levied . For the anti-dumping duty orders appropriateness review, if the following two conditions , the Commerce Department will identify the anti-dumping duty orders already do not have the legitimacy : first, the anti-dumping duty order on all involved manufacturers and exporters have been at least three consecutive years in order to not sold at a price lower than the normal value of the products ; Second , continue to levy anti-dumping duty is no longer necessary for the offset dumping . If you meet the above criteria , the Commerce Department will cancel these exporters or producers of anti-dumping duties .
2．年份復(fù)審的內(nèi)部實(shí)質(zhì)意義及后果。對(duì)于確認(rèn)反傾銷稅款數(shù)額的年份復(fù)審，商業(yè)上的事務(wù)部將依據(jù)最新查證核實(shí)的產(chǎn)品的實(shí)際傾銷幅度，確認(rèn)最新的反傾銷稅額比率，并將最后結(jié)果揭曉于《聯(lián)邦公報(bào)》上，復(fù)審最后結(jié)果公告后，海關(guān)以新的稅額比率在90天內(nèi)完成涉案產(chǎn)品清關(guān)，并按復(fù)審改正后新的稅額比率征收現(xiàn)金擔(dān)保金。

Second, the sunset review

System stems from the EU anti-dumping sunset review , the EU anti-dumping expiry review called (expiry review), after the WTO " Anti-Dumping Agreement ," adopted by the United States is also its " Uruguay Round Agreements Act" provides for this system . Expiry review with the EU by the European Commission an agency execution is different is that the U.S. sunset review by the Ministry of Commerce and the International Trade Commission , respectively , the Commerce Department is responsible for the abolition of anti-dumping measures , dumping will continue or be reviewed and re-emergence ruling ; Committee is responsible for the abolition of anti-dumping measures , whether material injury would continue or recur to review and make a ruling. If both are made ??affirmative determinations , the anti-dumping measures continue to be effective , otherwise terminates itself .

1 . Sunset review initiated. According to the U.S. anti-dumping provisions sunset review by the Commerce Department on its initiative to launch . If it is not through the review of anti-dumping duty order, the Ministry of Commerce in the duty on the date of the fifth anniversary of the date 30 days prior to launch a sunset review , and in the " Federal Gazette" published review announcement. If you are after a review of anti-dumping duty order, Commerce Department ruling in the review date of the expiration of the fifth anniversary of the date 30 days prior to launch a sunset review and announcement. After the announcement , the Commerce Department will require all interested parties after the announcement of the 15 days, submit a letter of intent to participate in the review , in the notice within 30 days after the release of the information requested on the notice to submit substantive responses . Commission and the Commerce Department also released the review notice, but submitted to the Commission a letter of intent and substantive information on the duration , respectively , within 21 days after the announcement and 50 days .

2 . Sunset review of the adequacy of the response (adequacy of response). Generally speaking, an interested party as long as the Ministry of Commerce and the Commission in the review requested information bulletin provides a complete substantive responses , you can identify that it has submitted a full response. However, practice is often more than one interested party , will form groups of stakeholders , for the assessment of the adequacy of response groups , but also determines whether the competent authorities to take a comprehensive review of its . Commerce Department sued for domestic stakeholders and different stakeholders adequacy criteria: For domestic stakeholders , as long as at least one domestic interested party received from complete substantive responses , you can identify the entire domestic interest related-party response was adequate ; while for the respondent interested parties , the Commerce Department announcement just received from the review within five years before the year of the subject merchandise exports to the U.S. accounted for an average 50% of the total export volume of interested parties complete substantive responses to identified stakeholders throughout the respondent reply is adequate.

3 . Sunset review of the species. In the absence of domestic stakeholders Reply ⑥ or the relevant stakeholders, although the domestic recovery, but has been identified with the stakeholders involved in the foreign producers or exporters or associated with the product itself is involved with the product concerned, importers or the importers association, the Commerce Department may determine applicable " 90 days sunset review (90-day sunset review)", Ministry of Commerce will stop the investigation , and in the announcement of the review within 20 days of the situation prevailing international trade committee in the review process within 90 days after launch revoke the anti-dumping duty order . If you make a sufficiency of domestic stakeholders reply , but the respondent does not comply with the above stakeholders reply adequacy requirements , the Ministry of Commerce and the Commission may decide to apply "accelerated sunset review (expedited sunset review)", can not further investigation of the case, the Commerce Department in the review within 120 days after launch , the Commission launched the review after 150 days , directly under the " facts available " to make a final ruling. If the domestic stakeholders and stakeholders to review the respondent replies adequacy requirements are met , the Commerce Department and the Commission will initiate anti-dumping duty order " full sunset review (full sunset review)". Comprehensive review of the competent authority to grant questionnaire and, if requested by stakeholders , you need to hold a hearing , the Ministry of Commerce at 240 days , the Commission 360 days to make a final decision. In a comprehensive review process , stakeholders can fully express their views, the competent authorities have more time to investigate and verify the information and materials submitted by the parties , and thus the anti-dumping duty order revoke or adjust the possibility of greatly increased.

4 . Sunset review on the likelihood of dumping and material injury identified . Ministry of Commerce of the possibility of dumping on the identification and the Commission finds that the likelihood of substantial damage to sunset review proceedings throughout the core issue , which directly determines the sunset review of the final ruling.
Ministry of Commerce of dumping to continue or re-emergence of the possibility of identification , the main factors to consider are : ( 1 ) anti-dumping investigation and the subsequent launch of the review have been identified in the weighted average dumping margin ; ( 2 ) anti-dumping duty order, issued before and after period of time, imports of the subject merchandise number ; ( 3 ) there is evidence of other factors. If the Commerce Department to continue to make dumping or reproduced affirmative determination , we must further determine the dumping margin may occur , and provide them to the Commission for reference.

The Committee on the continuation or substantial damage to the possibility of re-emergence of identification , the main consideration three aspects: ( a ) after the revocation of the anti-dumping duty order , the respondent may import product number . At this point , the Committee considered the following principal factors: the exporting country for any possible increase production capacity or existing unused production capacity to play ; sued products and inventory of existing stocks may be increased ; sued products exports to other countries, there barriers ; being produced equipment to production of other products, the possibility of being sued products . ( 2 ) after the revocation of the anti-dumping duty order , the possible impact on the price . The Committee considered the main factors : the respondent products relative to domestic products to sell at significantly low likelihood ; sued cheap sales of products on the domestic price of similar products significantly boycott action ; ( 3 ) after the revocation of the anti-dumping duty orders the possible impact of the domestic industry . The Committee has considerable discretion , may consider many factors , but mainly: production , sales, market share, profits, productivity , return on investment , a decline in capacity utilization may occur ; on cash flow, inventories , employment, compensation , development, and increase the ability of capital and investments may cause negative effects ; the domestic industry to improve existing development and production efforts may adversely affect ⑦.