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反倾销法中的最佳可获信息规则(BIA)既是反倾销国家保护本国相关产业的工具,也成为其打击出口方的武器。因此,WTO立法对BIA做出了指导性和原则性规定,欧美的BIA规则也十分详细。中国的BIA规则已有相关立法和实践基础,但仍面临被欧美等国利用BIA规则进行反倾销调查的局面,中国企业往往不战而败,其应对策略需进一步完善。
The best available information rules (BIA) in anti-dumping laws are both an instrument for anti-dumping countries to protect their domestic industries and their weapons against exporters. Therefore, the WTO legislation has made the guiding and principled provisions for the BIA. The BIA rules in Europe and the United States are also very detailed. China’s BIA rules already have the basis of relevant legislation and practice. However, they are still facing the situation of using the BIA rules to conduct anti-dumping investigations in Europe and the United States. Chinese enterprises often fail without a fight and their coping strategies need to be further improved.