On The Public Interest System In Anti-dumping Law

Anti-dumping measures may harm downstream industries and consumers in the importing country,when they protect certain domestic industries. Introducing public interest consideration into anti-dumping proceedings can help prevent anti-dumping measures form becoming unjustified safeguards for vested interest of domestic industries. WTO and its members like the EU, America and Canada have provisions in their respective anti-dumping legislations. After joining W T O, customs have been cut down gradually and non-tariff barriers are eliminated, and China's foreign trade increases by a big margin, but the accusations to china's enterprises yield and domestic industries face material injuries form dumping imports. The government should, and also has given positive consideration to the issue of public interest when the country resorts to anti-dumping measures. The China's current anti-dumping regulations have explicit provisions for public interest in 2004.But the issue is too simple, abstract, blurred to bring the value into full play. This article puts forward the main thinking of public interest in anti-dumping proceedings by making an in-depth analysis about the issue of China's public interest. To protect public interest in anti-dumping proceedings,the criterion of protecting competition should be used to reform the judge criterion to dumping conduct. The sides getting advantages and disadvantages should definitely include dumping products users and consumers,set up the mechanism to guarantee right,induct the less tax principle and fractionize anti-elusion. We should establish the legal procedure to assure public interest, while strengthening the entity.