| The countries in the world have different discretions when they consider whether imposing anti-dumping measures, or the amount of anti-dumping taxes. Some countries taking community interest into consideration before imposing anti-dumping measure. In this aspect, different countries have different methods.In European Union Anti-dumping law, the questions concerning Community interest are regulated clearly and detailedly in Regulation 384/96. It is regulated in Article 21(1) that "A determination as to whether the Community interest calls for intervention shall be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry and users and consumers; and a determination pursuant to this Article shall only be made where all parties have been given the opportunity to make their views known pursuant to paragraph 2." At the same time, it also regulates the procedural provisions on the statement and claimant made by importers, users and consumer organizations to administrative institutions.What is Community Interest at all? How should the investigate institution do to examine and balance it? Since the law and practice of European Union concerning community interest is complete and systematic, this thesis will give you a brief introduction on the development and practice of community interest test and standard of balance during anti-dumping investigate proceeding, and apocalypse to our country's legislation and defense in anti-dumping area.APPLICATION OF THE 'COMMUNITY INTEREST' CLAUSE BEFORE 1996.The prior regulations, such as Counsel Regulation NO.459/68,2011/73 and 1681/79 neither distinguished succinctly pertinent interests from wholly or partiallyirrelevant interests of the various interest groups, nor provided guidance as to a hierarchy of interests or special considerations to be taken into account in making an antidumping protection assessment. Instead, the European Court of Justice gives considerable discretion to the investigate institution (EU Commission or EC Commission before, herein after called Commission) Commission to define the extent and scope of the concept of 'Community interest. In a significant number of cases, the Commission, when addressing Community interest, has simply stated that the imposition of antidumping measures is in the Community interest in light of serious difficulties of the Community industry. In some cases, the Commission will state further reasons and emphasize the importance of keeping normal production of EU's industry. CRISIS IN THE ANTIDUMPING DECISION-MAKING PROCESS. In contrast with the position in EU competition law, the European Commission does not have exclusive control over the Community's antidumping policy. Responsibility for the enforcement of antidumping policy is shared between the Commission and the Council of Ministers ('the Council '), which is composed of representatives from the Member States. While the Commission carries out the investigations and has authority to impose provisional duties, it is the Member States acting in the Council that have sole responsibility to impose definitive measures and collect provisional duties. December 1993, it was agreed upon by the Member States that future decisions on definitive antidumping measures would be taken by simple majority vote in the Council, by a qualified majority as previously required. The change in voting requirements meant that, in order to impose definitive duties, the Commission now needs a simple majority of eight out of fifteen Member States in the Council. Obviously, if eight or more Member States opposed the adoption of measures, the Council could block any such proposal. Therefore, eight Member States may also block a Commission proposal to impose definitive duties. After 1994, a number of Member States began voting for or against the adoption of measures based upon thetype of interested industries located within their territories. Since, in their view, the commercial interests of these ec...
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