The Imposition Of Antidumping Duties And The Legal Remedies

In international trade, the exporters most concern about in what conditions the antidumping duties being imposed and the unfair antidumping investigation being likely encountered and also the problems of how to get legal remedies abroad. This dissertation mainly discusses these problems. This dissertation consists of three chapters except the introduction and conclusion.The first chapter discusses the conditions of imposing antidumping duties. According to Antidumping Agreement of WTO, a product is to be considered as being dumped, i.e. introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country. A determination of jury should based on material injury, threat of material injury of dumping to the domestic industry and the counteraction to the domestic industry. The demonstration of a causal relationship between the dumped imports and the injury to the domestic industry shall be based on an examination of all relevant evidence. The second chapter discusses the imposition and collection of antidumping duties. The comparative methods are introduced in this chapter to study on the antidumping duty regulations in different countries that utilize the antidumping measures.The third chapter discusses the judicial review and it's also an important part in this dissertation. According to the Antidumping Agreement of WTO, a country whose national legislation contains provisions on antidumping measures shall maintain judicial, arbitral or administrative tribunals or procedures for the purpose of the prompt review of administrative actions relating to final determinations and reviews of determinations. Such tribunals or procedures shall be independent of the authorities responsible for the determination or review in question. This part introduces the meaning of judicial review and its development. The litigation subject, procedure of the first instance, procedure of the second instance, burden of proof and etc, are all discussed here. On viewpoint of this dissertation, DSB in WTO is a quasi-judicial procedure that can be used in settling disputes of antidumping cases among its members.Based upon the study on the burden of proof in antidumping procedure, the author's opinion is that this kind of regulation distinctly has disadvantages. As the domestic producers of the likely product can easily bring suit to the importing product without enough evidences, this regulation shall encourage the domestic producers to make use of it. The viewpoint of this dissertation is that more burdens of proof should be added to the petitioners and the regulations for the damages of appeal should also be set up.