On The Studies Of The Dumping Recognition And Its Related Issues

Dumping is one kind of unfair competitive conducts in international trade, which has been seriously considered by western countries. Since the Canadian promulgation of Anti-dumping Law, many countries and states consequently followed and promulgated the Anti-dumping Law so as to withstand the competitive advantages of exterior dumping commodities based dumping price. Anti-dumping means that the importing goods based dumping pricing entering a country cause some substantial damages to its country corresponding industries, and this country is authorized to levy anti-dumping taxes and take some others similar measures to relieve the negative effects caused by the dumping goods. This significant trading relief method conducted by importing country has been commonly recognized by the most countries. The Article VI on General Agreement of Trade and Tariff (GATT) is the first legally effectible anti-dumping clause, whose definition of Dumping is that a product introduced into the commerce of another country is sold lower than normal value, causing material damages and material damage threat for the importing country' s established industry or causing material retardation for establishing industry, therefore this dumping is condemnable. Because the stipulation of this definition is too general and abstract, so in the "Kennedy Round " the contractingmembers constituted the <> , and in the "Uruguay Round" contracted the <<1994 Agreement>> . The series of agreement has made the international anti-dumping mechanism sound.In the Eve of China officially becoming a membership of WTO, the PRC State Council issued the <> , in which the definition of dumping is that the importing goods are sold less than normal value to the market of PRC and abolished the relative outdated legal stipulations. Meanwhile the Supreme Court of PRC instituted relative provision concerning the juridical review for the anti-dumping cases.This paper mainly set up to comparing the WTO anti-dumping and developed countries' anti-dumping law in the prospective of substantial law, and fully analyze the three prerequisites of dumping cognizance: the first is that importing goods are sold at the price less than normal or fair value, the second is that the selling cause some damages for importing country relative industry, the third is that there is causation. With maximum considerations for the three preconditions of dumping, this paper attempts to narrate the essence of anti-dumping legislation and disclose its restrictions. This paper also makes some probing for some issues with regard to the dumping recognition such as non-market economy state trading, anti-evasion, domestic industry and judicial review for anti-dumping cases, rendering some references for our country's anti-dumping legislation and jurisprudence.