Study On Sunset Review Of Anti-Dumping System

Before"the antidumping code"of the Uruguay Round reached, the international antidumping law has not set up any time limit to the implementation of anti-dumping measures. Whether and when to stop implementing measures totally decided by every member, thus make anti-dumping measure limitless extension, cause adverse effect to international trade. In order to solve this problem, Uruguay Round negotiation has reached an agreement and agreed to introduce the sunset clause finally. As the last lines of the administrative review procedure ,Sunset review play important role in whether or not continual imposing antidumping duties, the adjudication of the sunset review concerns the duration of antidumping duties imposing directly, also determine the intensity and result of the anti-dumping measure objectively . Certainly, the rules of sunset review are still incomplete, it can still become tools as to extent the duration of anti-dumping measures. This made the sunset rules become a double-edged sword, on one hand it have established time limit to limit the implementation of anti-dumping measures, but on the other hand it act as the buffer of free trade system, offer the provisional protection for the domestic market of members which is suffered by discriminatory price.First the text unclogs the formulation and development of the anti-dumping sunset review system, and analyzing relevant concepts. On this basis it probe into the value of sunset review system of anti-dumping and contract it with other anti-dumping administrative review systems. The antidumping sunset review system is one kind of the antidumping administrative review system .It is different from the system of administrative reconsideration, antidumping administrative investigation, the antidumping judicial review and other antidumping administrative review. The antidumping sunset review system has distinct characteristics and important meanings.Then the text discuss and describe the entity rules, which including the subject, range and determination of the sunset review. The subject of the sunset review can divided into basic subject and other subject. The basic subject points to the authorities which in charged with the investigation actions. And the other subject act as the complementary one. On generally, the range of antidumping sunset review includes antidumping duty and price undertaking. The antidumping duty refers to when dumping has been proved exist and caused injury, the surtax which levy outside the normal tax by importer's authorities. The issue of the antidumping duty must be set up on the basis of determination before, it is generally according to final determination. The price undertaking is a kind of agreement which is reached between the producer and exporter, after the preliminary determination had made by the authority. From the Article 8 ,the price undertaking is obviously different from the antidumping duty, such in the aspect of nature, power, range etc. Meanwhile, according to the article 11.3, the regulation of sunset review is suitable to the price undertaking , thus it should be terminated after 5 years usually.The determination is deferent from the original investigation and the sunset review. In the investigation , the authority determinate the dumping exist based on the fact that the dumping has cause injury. In the sunset review, the authority can continue to adapt the antidumping measures just with proving the possibility of dumping and injury will continue or recurrent. The determination of "likely " can be divided into determination of " likely to dumping " and " likely to injury ".There are many factors that should be considered in the determination of sunset review. This article chooses and analysis some factors which every member should considered in the determination of "likely". With comparing of the relevant rules and method among America and EU and China, this article probes into the determination of"likely"from dumping and injury. In addition, there is also exists special determination in the sunset review system, when interests waive the right or uncooperative, or the exporter has behavior of circumvention, the authority can make a determination according to the special rules.The procedure rules of anti-dumping sunset review are very important, including initiation, application, information collecting, investigation, duration and evidence.Article 11.3 allows to take two ways to initiate in anti-dumping sunset review. It should be initiated after a period of reasonable time from the day of levy antidumping duty, and before the final time limit of 5 years. But this regulation is indeterminate, which cause different understanding and method among members. Comparing with the regulations of America and EU and China, the way of initiating in America is most special, different from other members, also different from other administrative review of itself.According to the rules of application of WTO antidumping sunset review, the subject who have the right to apply are " domestic industry or on the behalf of the domestic industry ", but how to understand the phrase is quite different among the members. The range of applicant of antidumping sunset review is usually unanimous with the antidumping investigation, while our antidumping sunset review rules are quite different. As on my opinion, the applicant of antidumping sunset review should limit to " domestic industry or on the behalf of the domestic industry " .Its range should unanimity with the investigation, but should be inconsistent with the range of other antidumping administrative review. In addition, the article has choose and compare the relevant regulations of the time to apply and content in America and EU and China.According to the rules of information collecting, Although most information can be regarded as the evidence in the antidumping investigation, but the meaning of "Information " and " Evidence " can not totally equate in the antidumping law . Not every information can be the evidence, we should distinguish it with the evidence.According to the rules of the investigation of sunset review, I compare the method of the antidumping investigation and the antidumping sunset review. It is sure that the method of them is unanimous. This article chooses several kind of common investigation methods. Comparing with the relevant regulations in America ,EU and China, it explain every different method in the antidumping investigation and sunset review.According to the rules of duration, the levy of antidumping duties should terminate not more than 5 years. On the one hand the protocol confirm the termination time of 5 year, but on the other hand there is still exists the exceptional situation in the sunset review, which should lengthen the 5 years probably. In fact, the final duration of the levy of antidumping duty in sunset review is not the really terminate duration. When to terminate is due to the judgment of every member. Because of lacking uniform executing regulations of duration in the sunset review, the article choose and compare the regulation in America and Europe and China.According to the rules of evidence, when the interested party applies for the investigation, no matter antidumping investigation or sunset review, should be required to offer abundant evidence. In the antidumping investigation, " abundant evidence " can be interpreted as " the evidence about dumping, injury and causality " .There is a dispute in applying it to the sunset review, on my view, the standard of evidence used in the sunset review obviously lower than that in investigation, it is because the sunset review just need to prove a kind of possibility, its determination based on the evidences of rationally predicting. In addition, the requirement of evidence are inconsistent under the 1994 "antidumping code" in initiating by authority and upon the request of interested party. In case of sunset review initiated by authority, it requires the authority to offer the proper, abundant evidence, while initiated upon request of interested party it just requires the interested party to offer the abundant evidence but not require him to prove proper evidence. We cannot simply divert the rules of the antidumping investigation to the sunset review because it is two different procedures. Not only the applicant and interested party ,but the authority also have the responsibility to prove evidence. Under the special situation, the authority can make the determination according to the" BIA" rules, the regulation of evidence under this rules is very special.At last the text analysis the statue of anti-dumping sunset review in China which based on the results comparing and analyzing in the first five chapters, and try to put forward the opinions and suggestions to perfect the antidumping sunset review system of our country. It point out the defects that exist in the current situation of the antidumping sunset review system in our country. In the end, it put forward legislate advises and concrete practice countermeasures on providing problems.