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为保障反倾销措施实施的力度和有效性,欧盟的反倾销基本法中特别规定了反规避与反吸收制度,这两种制度均超出GATT1994第六条《反倾销协议》的范畴。纵观世贸组织161个成员国,仅美国与欧盟有反规避制度,反吸收制度更为欧盟所独有。从2004年以来,欧盟共发起了5起反吸收案件,其中4起针对中国并在两案中裁决存在吸收。由于受害面仅限中国,因此在WTO争端解决机制层面目前无人挑战其违法性,致使欧盟在运用上更加放任,迫使我们需全面梳理欧盟的
In order to protect the effectiveness and effectiveness of the anti-dumping measures, the anti-dumping and anti-absorption regime of the EU’s Anti-dumping Basic Law specifically go beyond the scope of Article VI of the Anti-Dumping Agreement of GATT1994. Looking at the 161 member countries of the WTO, only the United States and the EU have anti-circumvention measures and the anti-absorption system is even more unique to the EU. Since 2004, the EU launched a total of five anti-absorption cases, of which four targeted China and ruled that there is absorption in both cases. As the victims were only for China, no one at the WTO dispute settlement mechanism currently challenged their illegality, leaving the EU more lax in its application and forcing us to comprehensively sort out the EU’s