The International Anti-Dumping Law,Practice And The Countermeasure Of China

Dumping can be defined as such a situation in which the export price of the import product is lower than its normal value and the dumping practice causes material injury to an established domestic industry-Dumping is a conduct of abusing the free trade, which can do severe injury to not only the importing country but also the exporting one. For the former, dumping can hinder the development of the related domestic industries and imperil the adjustment for the industry construction of the importing country and even resist the establishment of the new industries. As a result the market order is disrupted. For the latter, dumping can occupy the overseas market share belonging to the home enterprises interests which do not impose the dumping, Dumping can possibly cause damages to the interests of the consumers in the exporting country and encourage the imitation of the false products. In a word, dumping is an unfair competition for the international trade.Where there is dumping in the market, there should be anti-dumping measure . Anti-dumping is defined as a legal conduct which the investigating authorities of the importing country may take by means of Levying the anti-dumping duties for the imported product called as dumping in accordance with the stipulated procedure so as to offset the injury result.Anti-dumping is one of the three legitimate measures (Anti-dumping, Countervailing and safeguard measure) which WTO'S regulations has permitted.As early as the beginning of 20's century, many countries such as Canada.. America and Australia started legislation on anti-dumping law. which has come into themore mature period till 1930's----1960's. During 1960's EEC succeeded in makingunified anti-dumping law that is applicable to all the members of EEC. Since 1970's many developing countries have begun making their own anti-dumping laws as the speed of the economic globalization become faster. At the same time, legislation of theinternational anti-dumping law has also developed faster. The article no. 6 of GATT isinabout the principle regulations for the anti-dumping, as is significantly meaningful because this is the first time to establish the international anti-dumping law system in the world. When Urugay Round negotiations finished, many countries signed Anti-Dumping code 1994. the legislation of international anti-dumping law has been turning detailed and perfected.In recent 20 years, China is standing dual severe tests and lashes with the dumping and anti-dumping. On the one hand, the exported products made in China as dumped products have been many times investigated by those administrative authorities in the foreign countries especially developed ones so that the exported products of China have already become the target of the international public censure. On the other hand, foreign imported products have been massively dumping into China's market and doing severe injury to the domestic industries. In these circumstances, China made the first regulation on anti-dumping and countervailing in 1997 while anti-dumping measures have been taken for the dumped products from foreign countries.Under the circumstances of the economic globalization, it is necessary to study the theory and practice of the anti-dumping law, to keep within limits of abusing antidumping from other countries so as to develop the international trade smoothly. At the same time, how to consummate China's anti-dumping law and how to skill in using this weapon which has been accepted to protect the domestic industries lawfully has become an important project in front of us.This academic thesis tries to explore and study the above items, and also put forward to relative proposals and the way to deal with such a situation.Moreover, this paper first explores the common theory of anti-dumping law including the definition of the law, characters, functions, history of legislation and current situation while it elaborates the anti-dumping entity and procedure laws of EU America as well as WTO. Second , the paper analy...