Comparative Study On Causal Relationship In Anti-dumping Law

The causal relation in Antidumping law refers to a relationship of substantive damage or threat of damage between the dumping import product and the import country home industry .Under the Anti-Dumping Agreement, the demonstration of causal relationship is one of the three requirements that should be met before taking antidumping measures. Proving the causal relation constitutes one of the "dumping should be condemned ", also is the prerequisites to implement antidumping measures. Its standard and its rules, whether it is easy to apply, will determine the efficacy of citing the measure to protect and strive for our country industry benefit reasonably. The importance of causal relation has become more apparent.From the beginning of GATT1947 Article 6, the legal documents of GATT and WTO, are involved in the issues of causation. Doha round of anti-dumping negotiations also argued the establishment of the causal relation. From the initial proposal to gradually clear, causal link rules and practice of the anti-dumping law, are closely related to the long endeavor and the positive consultation of World Trade Organization and the various countries for more than a half century. While the DSB has given elaborate provisions of causal relationship and its operating practice has become increasingly mature today, on the whole, the framework of the international anti-dumping rules and the practice are still very vague. There is no doubt that US and EU possess the most perfect system of anti-dumping law in the world, however, their attitudes in dealing with the causal relationship are different. European Union has the more concrete and clearer causal relation system, but US, at one level, actually violates the request of"Non-attribution"of WTO when recognizing causal relation. Some developing countries made attempt to improve the causal relation rules.Facing the counter-dumping measure which is abused by malicious, the international counter-dumping law starts to restrain the causal relation strictly. But the related legislation and practice of our country has not yet followed such footsteps actually. The Article 8 of"Anti-Dumping Regulation of the People's Republic of China"emphasizes the importance of recognizing the causal relation, but appears actually too simple. Not only does it have a specific causality clause, but also is lack of specific standards and clearly defined rules, so that we are in a dilemma in the investigation and litigation practice responding. In the long run, it will seriously damage the interests of China's industrial and economic development. Therefore, it is necessary to proceed from China's actual conditions, based on Historical Origins and international comparisons of causal relationship in anti-dumping rules, in order to establish and improve China's anti-dumping causal relations system. In the aspect of legislation, we should stipulate a special causal relation provision in"Anti-dumping Regulations"as soon as possible. Provisions on causal relationship standard should be made clear. Non-attribution requirement and the terms of the content of refinement should be improved. In the proceedings of specific operational level, we should determine a set of methods recognizing the causal relation, furthermore, when the respondent in the anti-dumping cases would actively defend a causal relationship.