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美国是对华“双反”大户,其贸易救济程序十分严苛,具有很强的代表性。以其为例,可以总结出破解应诉困局的典型路径。美国对中国木制卧室家具的反倾销调查,是中国刚加入世界贸易组织后几年间美国贸易救济中金额最大的一起案件,涉及130多家应诉企业。美国商务部于2004年底对此案作出最终裁决,其中美克集团被裁定0.79%的倾销幅度。根据美国相关法律,倾销幅度在2%以下的即为零税率,进口时免征反倾销税。此案中,美克集团胜诉,主要得益于如下几方面因素:
The United States is a big country with a “double dip” toward China and its trade remedy procedures are very harsh and highly representative. Take it as an example, we can sum up the typical way to solve the predicament. The U.S. anti-dumping investigation on wooden bedroom furniture in China is the largest single case of U.S. trade remedy in the few years since China first joined the World Trade Organization, involving more than 130 responding enterprises. The United States Department of Commerce final ruling on the case by the end of 2004, of which the United States grams Group was ruled 0.79% dumping margin. According to the relevant laws of the United States, the dumping margin of less than 2% is the zero tax rate and is exempt from anti-dumping duties upon importation. In this case, Meike Group wins the case, mainly due to the following factors: