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Comparative Research On Legal Issues Regarding US And China Anti Dumping

Posted on:2007-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z P YangFull Text:PDF
GTID:2166360185954304Subject:Law
Abstract/Summary:PDF Full Text Request
China is right now the world factory. Increasing quantity of exported goods causes ever larger-scaled antidumping cases against China. The antidumping case regarding wood bedroom furniture from China is the second largest antidumping case ever brought by US Department Of Commerce in US history, next in scale to the soft wood antidumping case against Canada. Special safeguard measure on textile will come to an end in the year 2008, when US will definitely file an ever larger antidumping case against Chin. As a matter of fact, lawyers from both China and US have already been committed to the investigation preparation since long time ago.Meanwhile, because of the non-economy country status, respondents from China have to go through a rather exhausting procedure and the normal value of the exported goods is tremendously distorted. Moreover, US Department Of Commerce, since 2006, replaced investigation questionnaire with a new version which is more complicated and sets a more strict criteria. Especially, the supplemental questionnaire in respect to the comments from US petitioners always demands high requirement with a short notice. All of the above put the respondents from China in a passive and disadvantaged situation. Therefore, it's of great importance to get to know US antidumping regulations and thus make early preparation. Certainly, we'd better start learn lessons and improve our antidumping system.Furthermore, the Antidumping Regulation of the World Trade Organization (WTO) establishes the fundamental principal and the minimum standard of antidumping for the numbers of WTO. After entering the WTO, on one hand, antidumping will be an important problem which Chinese Government, especially Chinese industries, has to face and solve. This objectively requests that China has to perfect the antidumping laws. On the other hand, China must comply with the duties stipulated on the Antidumping Regulation of WTO. Therefore it is necessary to study the deficiencies which Chinese current antidumping laws have and to perfect the laws. Focusing on legislation and judicature, this thesis makes a good comparison between the antidumping laws of China and the Antidumping Regulation of WTO, and meantime, it analyzes and compares the antidumping law systems between the United States and China. Through analysis and comparison, the following conclusion can be drawn: the antidumping laws of China have flaws in some aspects such as the definition of dumping or injury, programs of suing and investigating, judicature reviewing and the anti-circumvention clause, Which is manifested on the lack of the explicit provisions or on the provision that is too principled to practice, With regard to the disparity mentioned above, China should perfect the antidumping laws according to the standard of the Antidumping Regulation of WTO. Based on this point, this thesis puts forward some legislative proposals, expecting to establish Chinese perfect antidumping legal system.
Keywords/Search Tags:Antidumping, Regulation of WTO Chinese, Regulation, Legal problem, Comparative study
PDF Full Text Request
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