The Research On Zeroing In Anti-dumping Investigations

Zeroing is a methodology which some countries calculate dumping margins during the period of anti-dumping investigation. It has been used for a long time and arises a lot of conflicts and controversies. And there are very few laws and rules to regulate this problem although this problem has been questioned by many countries and experts. The methodology had acquired a lot of favor though it had been questioned and sued to the panel of GATT because of lack of laws and regulations. The methodology itself and the application lose the advantage with the perfection of ADA and the change of burden of proof. Finally the appellate body of WTO intends to decide it is illegal to use the methodology and itself.However, some countries like US favor the methodology and seek to cram it into the text of negotiation of DDA to make it legal. We should think over it because of this situation and maintain the"achievement". Do the decisions of WTO mean the ending of zeroing? The answer is no. And the reasons are as follows. First, the decisions of WTO have no binding on the cases afterwards. And the decisions could not apply to the cases directly. So it is one of reasons that US insists on applying this methodology. Second, zeroing is the focus of the negotiation of anti-dumping. And there are a lot of factors of indeterminacy due to the fierce struggle between the party favoring zeroing and the party against zeroing. But the former party obtained the advantage from the perspective of the text of negotiation of 2007. So it is too early to say zeroing is ended.Recently, the conflicts and controversies have increased a lot and many experts has begun to study it. However, these studies focus only on the analysis of the case relevant to zeroing and not referring to the theories and practice of anti-dumping. The author seeks to comb the generation, development and the trends of zeroing and the agreements relevant to zeroing to provide some suggestions.There are three parts in this paper: Introduction, Main text and the ending. there are four sections in the main text:In the first section"the concept and development of zeroing", it is the stone of theory. In this paper, the author explains the concept of anti-dumping and the definition of zeroing to make the methodology clear.In the second section"the analysis of the problem of zeroing", the author want to give an introduction of zeroing and application and analyze whether it is conflict with the agreement or regulation of WTO. And the author also explains the decisions of WTO and analyses the unreasonable factors.In the third section"WTO and the effect of the decisions of WTO", it is referred to the basic theories relevant to the effect of the decisions of WTO. The author will give an introduction to the application of zeroing in USA and the attitude in USA and analyze the reasons zeroing has been used in USA.In the fourth section"the trends of zeroing", the author will predict the trends of zeroing and offer some advice for Chinese government and enterprises through the analysis of the chairman text in 2007 and other materials.