进出口贸易实务（参考答案）

本文由用户“爱久见人心681”分享发布更新时间：2021-04-01 20:11:45 举报文档

以下为《进出口贸易实务（参考答案）》的无排版文字预览，完整格式请下载

下载前请仔细阅读文字预览以及下方图片预览。图片预览是什么样的，下载的文档就是什么样的。

Suggested Answers

Chapter 1 An Introduction to International Trade

1.10.2

(1) – B. comparative advantage (比较优势)

(2) – D. quota (配额)

(3) – E. Incoterms (国际贸易术语解释通则)

(4) – H. CISG (联合国国际货物销售合同公约)

(5) – J. tariff (关税)

(6) – I. opportunity cost (机会成本)

(7) – G. consignment (寄售)

(8) – F. UCP600 (《跟单信用证统一惯例》国际商会第600号出版物)

(9) – A. dumping (倾销)

(10) – C. visible trade (有形贸易)

1.10.3 (1) B (2) C (3) C (4) B (5) A (6) B (7) A (8) B (9) D (10) D

1.10.4 (1) T (2) T (3) T (4) F (5) F (6) T (7) F (8) T (9) F (10) T

1.10.5

Analysis on Case 1:

This case illustrates that even with zero tariff, companies still can use the rules as Kodak did to gain market share, or, like Fuji, to resist the impact. The WTO Panel believed that to determine whether a particular situation would be predicable during the negotiation process, the easiest way was to judge whether the situation had emerged before or after the negotiation. Japan had presented sufficient materials to prove that before the negotiation process, the monopoly marketing system had already existed.

Analysis on Case 2:

In examining the facts, the expert group found that the United States did not review all the economic variables listed in Article VI of the Agreement on Textiles and Clothing (ATC), when determining whether import increase will damage its domestic enterprises. When determining the causal link between detriment of domestic enterprises and the increased imports, all these variables must be taken into account. The United States also did not analyze whether the damage was due to changes in customer preferences or technical upgrade as required by the provision. The group concluded that the interim protection measures implemented by the United States were contrary to the ATC obligations. The United States followed the resolutions of the expert group and removed the interim protection measures.

The ATC requires discriminatory restrictions on imports of textiles and clothing should be removed gradually in the 10-year period, and the completing date is January 1, 2005. Although the protocol aims to promote the lifting of these restrictions, it allows importing countries to adopt transitional measures of protection to restrict imports if imports of certain types of textile products bring a “serious risk of harm, or constitute a real threat” to domestic firms producing the same products. Article VI of the agreement listed some economic factors (for example, production, productivity, capacity utilization, inventories, market share, exports, wages, employment, domestic market prices, profits and investment changes). In judging whether the increase of imports will cause any damage, these factors must be taken into account. The agreement further provides that if serious damage or actual threat is caused by other factors, such as technical updates or customer preferences changes, such protection measures shall not be enforceable.

Analysis on Case 3:

Car industries are mature industries that faced sharp declines in employment in the industrial countries during the past three decades like United States. Sometimes called “orderly marketing arrangements,” these VERs have allowed the United States to make use of them to save at least the appearance of continued support for the principle of free trade. Also it can save about 20000 jobs but raised the price of steel in the United States by 20 to 30 percent. Therefore, it may result in bitter deputes between the United States, Japan, the European Union, and other nations.

Chapter 2 Business Negotiation & Conclusion of Sales Contracts

2.8.2

(1) Business negotiation, the trade terms

(2) enquiry, offer, counter-offer, acceptance

(3) An offer, offeror, offeree

(4) non-firm offers/offers without engagement

(5) clear, complete, final

(6) rejection, counter-offer

(7) contract, acceptance

(8) an offer, an acceptance, a required condition

(9) head, general clauses, ending

(10) the sales contract, the sales confirmation, The former/The sales contract

2.8.3

(1) B　(2) D　(3) B　(4) D　(5) A　(6) B　(7) B　(8) B　(9) D　(10) A

2.8.4

(1) T　(2) F　(3) F　(4) F　(5) T　(6) F　(7) T　(8) F　(9) T　(10) F

2.8.5

Analysis on Case 1:

To settle this case, you need to consider the following points:

(1) Both China and the United States are treaty powers of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this case, both parties did not exclude the application of the CISG and were consequently bound by the relevant clauses of the CISG.

(2) According to the CISG Article 19.2, “A reply to an offer which purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance, unless the offeror, without undue delay, objects orally to the discrepancy or dispatches a notice to that effect. If he does not object, the terms of the contract are the terms of the offer with the modifications contained in the acceptance.”

(3) Also, the CISG Article 19.3 has the following provision: “Additional or different terms relating, among other things, to the price, payment, quality and quantity of the goods, place and time of delivery, extent of one party’s liability to the other or the settlement of disputes are considered to alter the terms of the offer materially.” So, additional terms relating to the package are not considered to alter the terms of the offer materially.

(4) The contract is established with the condition of “packing in new bags”.

Given the above, the reply of the American company has constituted an acceptance and the contract is concluded. Should the American company refuse to fulfill the contract, the export company could lodge a claim in the light of the CISG.

Analysis on Case 2:

Comapany A breached the contract and shall be liable for compensation.

(1) Both China and the USA are the member states of the CISG. Since the both parties don’t eliminate and reserve for the application of the CISG, this case shall be settled according to the provisions of the CISG.

(2) When Comapany A received the acceptance of the offer with the additional condition from Company B, the company did not raise any objection. So the acceptance is regarded to be valid. So Company B is obligated to offer the C/O.

(3) Company B opened an L/C according to the acceptance. After Comapany A received the L/C, the company still raised no objection and was prepared to dispatch the goods according to the L/C. The Commodity Inspection Bureau’s refusal to issue the C/O has nothing to do with Company B.

Analysis on Case 3:

In this case the contract between the two parties is not formed because the reply of Company A on July 17 constituted a counter-offer which made the offer on July 16 invalid. Company A should not accept the offer of July 16. Instead, the company should accept the counter-offer of July 17. In addition, when Company A made an acceptance, such words as “confirmation” should not be used.

Chapter 3 International Trade Terms & Conventions

3.8.2

(1) – A工厂交货 (2) – C运费付至 (3) – E终点站交货

(4) – B 货交承运人 (5) – D 运费、保险费付至 (6) – G 完税后交货

(7) – I 装运港船上交货 (8) – J 成本加运费 (9) – H 船边交货

(10) – F 目的地交货 (11) – K 成本、保险费加运费

3.8.3

Obligations of the buyer and the seller under Incoterms 2010

Trade Terms

Export Duty

Import Duty

Freight

Place of Delivery

Transfer of Risks

Insurance Premium

Modes of

Transport

EXW

At the disposal of the buyer/ named place

Delivered to the buyer

Any mode

FCA

To the carrier/

named place

Delivered to the carrier

Any mode

FAS

Alongside the ship at port of shipment

Sea and inland waterway

FOB

On board the vessel at port of shipment

Sea and inland waterway

CFR

On board the vessel at port of shipment

Sea and inland waterwa 内容过长，仅展示头部和尾部部分文字预览，全文请查看图片预览。 er’s being unable to effect the shipment within the time stipulated in the L/C after receipt of the L/C.

Analysis on Case 3:

According to the FOB trade term, the importer is responsible for booking shipping space for the shipment. In case the importer fails to do so, he should advise the exporter about the fact and negotiate with the exporter to amend the L/C to postpone the shipment date, or ask the exporter to help to arrange shipping while footing the bill for the costs in such proceedings.

[文章尾部最后500字内容到此结束,中间部分内容请查看底下的图片预览]请点击下方选择您需要的文档下载。

以上为《进出口贸易实务（参考答案）》的无排版文字预览，完整格式请下载

下载前请仔细阅读上面文字预览以及下方图片预览。图片预览是什么样的，下载的文档就是什么样的。

进出口贸易实务（参考答案）

图片预览

热门关注

相关下载