Comparative Study On Sunset Review Of Anti-dumping System And Its Enlightenment For Our Country

The system of sunset review in anti-dumping law is defined as follows: in the reasonable time before the five years'anti-dumping measures to expire, an application by interested parties or the authorities in charge on their own initiative start the review procedures, to determine that the anti-dumping measures should be revoked or suspended unless the results show that the revocation or termination of anti-dumping measures will lead to the continuation or re-occurrence of dumping and injury, and vice versa. Anti-dumping in global trade is becoming more and more serious, so sunset review system which determines whether stopping the five years'anti-dumping measures or not is paid increasing attention by member countries.EU was the first community to establish the sunset review system, which had a history of 25 years. Since WTO formally confirmed in Article 11 of the Anti-dumping Agreement in 1994, member countries started amending their anti-dumping laws one after another to introduce or consummate their own systems, as a stepping stone of anti-dumping sunset review system. Among which USA and EU feature their anti-dumping measures with rich experience in legislation, the completeness and respective traits. As two of the frequent users of anti-dumping measures, they have the character of strong operability. After presenting the development history of both, several aspects in the sunset review law systems of the two economies have been compared by analyzing two typical cases, including the administration of sunset review system, procedural and substantial regulations of sunset review system and judicial review of sunset review system, in order to show their substance. The author also points out that the USA and EU sunset review systems can be of reference for China's sunset review system.The history of anti-dumping of our country is short, let alone the sunset review system. Although there are related six sunset review items in China's present Anti-dumping Statute in 2004, they are relatively simple, incomplete and lack of feasibility. Moreover in practice China's corporations usually failed to defend themselves effectively, resulting in bearing anti-dumping measures for long, which is adverse to the foreign trade development of our country. Sunset review investigations carried out by Ministry of Commerce is in start level, and the thesis points out its weakness by analyzing the paper of news case. Based on the above, our country should learn the mature legislation from USA and EU to establish the applicable operation rules of sunset review procedures and direct anti-dumping operations from three aspects: upgrading the legislation level of sunset review system, strengthening our anti-dumping legislation and establishing detailed rules for the implementation of sunset review system by Ministry of Commerce. In addition, the thesis proposes countermeasures for China's corporations to answer the foreign sunset review procedures and suggestions for establishing our country's sunset review system: responding to foreign sunset review measures actively, answering flexibly, strengthening the leading role of industry association, exerting power of the professionals and professional institutions and regulating domestic market order.