Perfection On The Anti-dumping Law And Regulation

With the restrictions on use of the non-tariff trade barriers and tariff concessions, anti-dumping becomes a kind of important non-tariff trade defense measures of every nation to prevent or stop the behaviors of dumping, and to protect domestic industry gradually nowadays. For this reason, the countries all over the world revised and perfected the legal system of the anti-dumping one after another, the developing countries also joined in the ranks of the anti-dumping legislation and the practice of justice administration successively. In China the legislative practice of anti-dumping started out relatively late, moreover, went through anti-dumping accusation, passive anti-dumping tell and voluntary punishment of abroad dumping frequently. Since European Community initiated the anti-dumping probe to our country's exportation of saccharin, sodium and alarm clock in 1979, the amount of anti-dumping probe aiming at our country's export commodities is on the rise to of mention in mentioning the country investigated in the aspects of both the cases and the countries initiating investigation the cases and the countries initiating investigation, the amount of money involved in the cases is expanding constantly too, China is becoming the country being accused most of the anti-dumping in the world.Meanwhile, China becomes a preferred product dumping ground abroad gradually too. During about ten years, China is dumped in various degree by the foreign goods in the many trades, such as building materials, steel, papermaking, electrical home appliances, chemical industry, color film, etc. Dumping caused serious harm to the domestic industries in China.To improve anti-dumping litigation and crack down on abroad dumping, China has begun the legislative practice of the anti-dumping. Article 30 of" Law for the foreign trade of the People's Republic of China " which came into force on July 1 , 1994 has clear regulation on dumping at first, under the guidance of stipulation, the State Council announced " The anti- dumping and anti-subsidy regulations of the People's Republic of China " on March 25 , 1997. The issue of this regulation offered strong legal guarantee for the adoption of anti-dumping measures, maintaining the foreign trade order and fair competition, and the protection of relevant industries for our country.But the regulation lacked effectiveness because of the simpleness in provisions onanti-dumping, the State Council issued " The anti-dumping regulations of the People's Republic of China " on November 26 , 2001, in order to remedy the deficiencies of" The anti-dumping and anti-subsidy regulations ". During this period, the administering authority had also issued serial administrative rules in succession, which perfected and substantiated the anti-dumping legal system of our country further. The State Council revised " The anti-dumping regulations of the People's Republic of China " on March 31, 2004. So far, China has formed anti- dumping legal system tentatively, taking " Law for the foreign trade " as the principle, relying mainly on "The anti-dumping regulations of the People's Republic of China ", and being supplemented by relevant administrative rules.Though " The anti-dumping regulations " issued in 2001 have offered a effective law weapon for our country to resist foreign product dumping in China effectively, and alleviated the severe challenge from the foreign anti-dumping to a certain extent, however, limited to the legislative practice of anti-dumping of our country and deficiency of experience "The anti-dumping regulations" exposed its defect and deficiency in front of the numerous and complicated dumping cases. In entity's rule, the normal value and regulations of export prices are not exhaustive enough to practice effectively; there is no provision on selling lower than cost; the definition of the like products is not clear; there are not the regulations of affiliated enterprises and regional industry in the domestic industry; it isn't clear on " competition condition " in accumulate and assess...