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Study On The Sunset Review In Antidumping Practice Of United States Of America

Posted on:2005-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y P ZhouFull Text:PDF
GTID:2156360122485359Subject:Law
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The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Hereinafter " WTO Antidumping Agreement") adopted in the Uruguay Round first stipulates the automatic and mandatory termination of effective antidumping measures five years after it is imposed, which is called "sunset" clause. This clause requires that the antidumping measures should be revoked or suspended unless the review shows that the revocation or termination of anti-dumping measures will result in the continuation or re-occurrence of dumping and injury.As the most powerful economy and one of the frequent users of antidumping measures, the absorption and transformation of WTO rules by the antidumping law of the United States of America have great effects on other economy, therefore attracting close attention from them. As a large developing country and one of the most important trade partners of US, China has been the target of US's antidumping measures in recent years. To analyze US's antidumping law, including the rules of sunset review, for China and its enterprises, is quite important and useful. This dissertation gives a view of the sunset review system of United States, analyzes and comments on some key issues of the review system. There are about 40,000 characters in this paper, divided into 6 parts. The preface introduces the background of sunset review as the subject of this paper.The first chapter is "evolution" of sunset review under GATT/WTO system and United States antidumping law system. It emphasizes on the revision of rules on review of antidumping by the United States after WTO agreements entered into force with respect to the US. From this part, we can see that sunset review is not new to US. Therefore the US authorities are quite experienced in such review in WTO times. The second chapter is the keystone of this paper. In this part, the author introduces in details and analyzes the rules of sunset review of the US. It is divided into three subparts: the procedure rules, the substantive rules and the (judicial) remedy. In the part of procedure rules, the focuses are the initiation and response of sunset review, the judging of adequacy of response rate. In view that the adequacy of response directly relates to the way of review----expedited review or full review, while the way of review has some effect on the final results, the judging of adequacy is quite pivotal in the procedure. Therefore the rules of judging the adequacy by the DOC and ITC are quite controversial. In the part of substantive, in introduces the rules the DOC and ITC rely on to determine the likelihood of continuation or recurrence of dumping and injury after the antidumping measure is revoked. And the several factors the ITC and DOC would consider when determining the likelihood are the focus of this subpart. The author also pays attention to the several factors and oppugn theirs objectivity. To further learn how the authorities use the rules, the author introduces a real case. In the part of judicial remedy, it introduces the judicial review system for the sunset review. From the above case, we can see that the judicial review is useful for correcting the warp by the DOC or ITC.The third chapter presents the conclusion to the second chapter and the argumentation for the whole paper. Based on the introduction and analysis of the sunset review system of US, the author makes general comments on the sunset review system of USA.; From the angles of legislative level, substantive rules, procedure rules, and judicial review, the author also points out that the US sunset review system can be of reference for China's sunset review system...
Keywords/Search Tags:United States of, America, Sunset review system
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