Study On Injury Identification Of Anti-dumping Law

Study on injury identification plays a vital role to China because the substance of anti-dumping is to compensate injury to domestic industry owing to dumping imports. Especially in anti-dumping litigation, as one of three necessary terms, injury is more important than dumping. Because even if there exists dumping, but if there doesn't lead to material injury, threat of material injury or material retardation of the establishment of a domestic industry, no anti-dumping duty should be levied. Of course, whether levying anti-dumping duty or not, public interests should also be taken into consideration.However, due to defaults of WTO itself, there exist several pending problems. One of them is 3 standard of injury, and several definitions pertinent to injury, such as: domestic industry, like product, injury margins and public interests.Material injury refers to the already existed injury to importing countries made by dumping. It is the main style of imports to domestic industry and also the main reason of levying anti-dumping duty based on identifying whether injury exists or not. According to WTO anti-dumping law and anti-dumping laws of the countries in the world, rules on material injury are based on three factors as follows: volume of dumping imports, price of dumping imports, and consequence to the like product producers of importing countries. Rational analysis is to be made on the foregoing two items, the most complicated thing is to identify the consequence of exports to domestic producers, and it's too subjective.Threat of material injury refers to the injury not yet existed to importing countries. But as to whether there exists threat of material injury or not, items should be examined have been made in Article 3.7 of WTO anti-dumping law and anti-dumping laws of each country in the world.Material retardation of the establishment of a domestic industry refers to heavily retardation to a new industry when establishing. Because the retarded industry hasn't been established, moreover, the injury has not existed, the injury to importing industry is not pertaining to a kind of existed injury. Therefore, investigating authorities has no means to judge whether this injury is material or not.In practice, the third measure is seldom used. But as a developing country, industries being established in many countries have not been established or are being established inour country. Therefore, it's important to protect the existed industry, but it's even more important to protect the industry not being existed.Injury identification has been regulated in and . Meanwhile, our anti-dumping law still needs to be developed, that is: cumulative assessment, public interests, regional industry, and so on. Only by doing this can we protect our domestic industry better by using anti-dumping law.