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近日,WTO 专家组裁定欧盟一贯采用的反倾销计算方法中存在不合理之处并需要进行修改。这一裁决是该专家组就印度指控欧委会采用所谓“零幅”方法计算倾销幅度不符合“WTO反倾销协议”原则一案所做出的。这一裁决不仅意味着印度在这一申诉案中获胜,而且它迫使欧委会公开承认其“零幅”计算方法需要修改,使得这一年来被各国企业及代理律师所关注的问题有望很快得到解决。倾销幅度的计算是指在某一调查期内,将涉诉产品出口价格逐笔计算,用加权平均的方法确定是否存在倾销。但欧委会目前的方法是,将各笔交易中那些没有倾销的交易忽略不计,即使其变为“零”,而只使用存在“倾销”的各笔交易作为计算依据,这样的计算方法显然对被诉倾
Recently, the WTO Panel of Experts ruled that the EU has consistently adopted an anti-dumping calculation method that is irrational and needs to be revised. The ruling was made by the panel with regard to India’s allegations that the Commission used the so-called “zero-width” method to calculate that the margin of dumping does not comply with the principle of the “WTO Anti-Dumping Agreement.” This ruling not only means that India won in this case, but it also forced the European Commission to publicly admit that its “zero-width” calculation needs to be revised so that the problems that have been attracting business and agency lawyers of various countries over the year are expected to rise rapidly has been solved. The calculation of the dumping margin refers to the calculation of the export prices of the involved products one by one during a certain investigation period and the determination of the existence of dumping by the weighted average method. However, the current method of the Commission is to ignore the non-dumping transactions in each transaction even if they become “zero” and only use the transactions with “dumping” as the basis for calculation. Such calculation method is obviously To be accused of dumping