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国际贸易中的“不归因”问题是反倾销、反补贴谈判中争议的焦点和难点。其基本原理是:进行损害认定时,应当在造成本国产业损害的因素中,排除“其它已知因素”造成的损害,仅仅考量倾销、补贴产品造成的损害并据此征收反倾销税、反补贴税。本文通过对法条的考察和对案例的分析,探讨“不归因”界定与评估过程中的难点问题,并试图找到解决这些问题的可行性方案,以期对我国在国际贸易谈判中起到借鉴作用。
The “non-attributable” issue in international trade is the focus and difficulty of disputes in anti-dumping and anti-subsidy negotiations. Its basic principle is: When determining damage, it should exclude the damage caused by “other known factors ” among the factors that cause damage to its own industries, and only consider the damage caused by dumping and subsidized products and impose anti-dumping duties accordingly Subsidy tax. Through the investigation of the law and the analysis of the case, this article explores the difficult issues in the process of defining and assessing “not attribution”, and tries to find a feasible solution to these problems in order to start our country in international trade negotiations To learn from.