| Anti - dumping is one of the legitimate means allowed by the General Agreement on Tariffs and Trade (hereinafter referred to as "GATT") and the World Trade Organization (hereinafter referred to as "WTO") to resist unfair competition from abroad. Since its use early last century, anti - dumping legal measures have been improving and intensifying and their use have been ever more frequent. Up to date, anti - dumping has become an essential part of the trade policies for countries throughout the world. It has become a necessary tendency for different countries to use anti - dumping legal means provided to its Members by GATT and WTO to resist unfair competition in their pursuit of legitimate trade protection and development of domestic economy. With the absent treatment of tariff barriers in international trade and the decrease of non - tariff barriers such as administrative restrictions, particularly under the background that China acceded to WTO on December 11, 2001 and has dramatically reduced its tariffs , it becomes ever more current practices for most countries of the contemporary world, including China, and the important subject of international trade demanding further study, to use the legal and internationally prevailing trade protection means in the protection of domestic industries from the impulsion of unfair trade practices from abroad and the maintenance of fair international competition environment and normal international trade order. With the gradual promotion of global economic integration and continuous opening of domestic markets of all countries, the role of anti - dumping has turned to be more obvious in the domestic industries and foreign trade in China. Rational use of the legal means of anti -dumping is of great significance in refraining dumping imports in the developing countries like China suffering from frequent anti - dumping actions but seldom using the anti -dumping law in self - protection.On the basis of the author' s possession of available data, the study on anti -dumping legal issues both home and abroad at present largely focused on such fields asFrom January 1, 2002, the gross level of tariff of China has been lowered to 12%, see Public Notice No. 22, 2001, Custcms Administration.the necessity, substantial rules, course of investigation and ways of redemption of anti -dumping, among which, quite a few scholars carried out their research on the anti -dumping legal systems of various countries in a comparative manner. Nevertheless, few has touched upon anti - dumping initiation and its profound legal significance - the fundamental legal issue, in all their studies. This becomes a shortage and regret for China, which demands anti - dumping legal measures to combat anti - dumping against China and carry out anti - dumping against other countries.Justice in proceeding is an important form for realizing actual fairness and imposes an impact on the progress and result of developments while anti - dumping initiation proceeding plays a major role in the whole anti - dumping investigations. Reasonable and legal initiation of anti - dumping is the right as well as an obligation endowed to members by basic rules in WTO antidumping practices. Upon its accession to WTO, China also shall abide by the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (hereinafter referred to as the " WTO Anti - Dumping Agreement") and require other members to use anti - dumping means in a legal manner. Therefore, detailed study and analysis on the WTO Anti - Dumping Agreement, research and exploration in the anti - dumping initiation proceedings, inter alia, possesses a more crucial theoretical and practical bearing for China that charged into the big family of WTO not long ago.The anti - dumping initiation proceeding contains both procedural and substantive contents of the anti - dumping legal system, which involve the correct use of anti -dumping tools, high or low and lenient or strict initiation thresholds, scope of investigated products and... |
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