The Thinking On Our Country's Anti-dumping Law System

The word "dumping" has an extremely long history to trace, whose economics interpretation is very different from the legal definition. Economics-based dumping refers to the price discrimination for the same commodities in different countries' markets. While as stipulated in Article VI of GATT, dumping, by which products of one country are introduced into the commerce of another country at less than the normal value of the products, is to be condemned if it causes or threatens material injury to an established industry in the territory of a contracting party or materially retards the establishment of a domestic industry. In practice, we should differentiate between dumping, as described in economics and the dumping that is defined in the statute. We should make it clear that the former just constitutes a prerequisite for the latter. In law, dumping focuses on the serious injury to the domestic industry in the importing country.Anti-dumping always goes hand-in-hand with dumping. By anti-dumping, or rather anti-dumping measures, we mean that the anti-dumping investigation authorities in the importing country adopt such measures as imposing anti-dumping duties against the dumping actions in accordance with the law, in order to compensate for the serious injury thus incurred to the importing country's industry. Anti-dumping law provides legal basis for anti-dumping measures. It is of great significance not only for protecting the interests of the importing country's industry and the producers but also for maintaining normal international trade order and fair competition in domestic market. In light of its legal origin, anti-dumping law consists of internal anti-dumping law and international anti-dumping law. It witnessed a century-long legislative evolvement from the period of internal law to international uniform law, then to the time when international uniform law regulate and control internal law.Anti-dumping legislation starts late in China. Despite of repeated amendments and improvements, the current "Anti-dumping Regulations of People's Republic of China" still pales in terms of legislative system as well as entity and procedure provisions when compared with WTO "Anti-dumping Agreement",European Union and American anti-dumping laws. In practice, numerous problems emerge. By starting with two aspects as faithfully following the WTO regulations and effectively using its Dispute Settlement Mechanism in both special and differential treatment fordeveloping countries, we can put forth an overall plan on how to improve and perfect our anti-dumping law system. In addition, detailed analyses are made on such important issues as legislative system, anti-circumvention, public interests as well as judicial review system, about which corresponding suggestions are also put forward to enrich the theoretical researches on anti-dumping law. Guidance and regulations are provided for the enterprises to exercise their due rights and perform corresponding duties in safeguarding domestic industry and ensuring their profits in international trade.