Studies On The Rule Of "Price Fair Comparison" In Anti-dumping Law

Anti-dumping regime has deviated from the principle of fair trade in a big degree, among which the rule of Price Fair Comparison is one of the most controversial problems. Man-made dumping by technical ways violates the basic meaning of Price Fair Comparison. This dissertation probes into the unfairness of Price Fair Comparison in theory and in practice, aiming at arousing more attentions and considerations and questing for strategies of China in this field.Except the preface and conclusion, this dissertation is divided into 4 chapters as follows:Chapter 1 introduces some basic elements on Price Fair Comparison in WTO Anti-dumping Agreement (AD), including the meanings, principles, processes and approaches of comparison.Chapter 2 deals with the unfairness of Price Fair Comparison. Firstly the chapter analyses the causes of unfairness in Price Fair Comparison, which is the idea of protectionism to domestic industries and the ambiguity of AD's provisions. Secondly man-made dumping margin is calculated by defective ways, which may come from the confirmation and adjustment of normal value and export price, or the comparison method chosen and absurd claims in procedure imposed by the investigation authorities.Chapter 3 gives some advices on Price Fair Comparison in AD. Furthermore, the chapter analyses the different stands of some counties in anti-dumping in the Doha negotiation, after which brings forward some views. Although the time of reformation on rule of Price Fair Comparison is long, it can develop toward a direction of a relative fairness because of different countries'thirsts for fair comparison.Chapter 4 focuses on the disadvantages of Price Fair Comparison to China and the strategies of Chinese companies in this field. The disadvantages embody Article 15 of Protocol on the Accession of the People's Republic of China and inherent discrimination policies to China coming from some large countries except for the analyzed above. At the same time, Chinese companies leave rooms for the adoption of unfair measures during foreign anti-dumping investigations because of defective cost accounting. The author argues that it is necessary for Chinese companies to establishand develop accounting system in anti-dumping.