Research On The Evolution Of US Anti-dumping Law

Born from "1916 Anti-dumping Law", the U.S. Anti-dumping law has more than one hundred years'history, and then it developed to "1921 Anti-dumping Law","1974 Trade Reform Law" ,"1979 Trade agreement Law", and " the Trade and Tariff Act of 1984", as well as"Omnibus Trade and competitiveness Act of 1988", and then in 2000 America introduced the" Byrd Amendment". So the U.S. Anti-dumping law has always changed the title, but the status quo remains unchanged in its core of protectionism. The U.S. Anti-dumping legislation is developed with Anti-dumping practice, which continues to make sure the former to be carried out smoothly. This paper is along the U.S. Anti-dumping law's history and enriches its content continuously updated in the search for factors out of its protectionism. In order to better reveal the core of protectionism in the U.S. Anti-dumping law, this paper is composed of six parts.The first part,the elaboration research to the U.S. early times'Anti-dumping law. As the "1916 Anti-dumping Law" is the first domestic relevant law, all aspects of the requirements were not perfect, soon it was replaced by "1921 Anti-dumping law" which introduced the administration of justice, chose the prominent changes in the role of prevention and significantly reduced the threshold for the establishment of dumping, giving the executive greater discretion. Since then, the U.S. Anti-dumping law has already highlighted its tendency to protect domestic industry.The second part,the development and improvement of the U.S. Anti-dumping laws. From "Anti-dumping law in 1921" to "Trade Reform Act of 1974" and "Trade Agreement Act of 1979," and later "Tariffs and Trade 1984" and then "Omnibus Trade and Competitiveness Act of 1988", Anti-dumping provisions continue to do more conducive to the domestic industry to prosecute, easy to operate Anti-dumping procedures, easier to determine the provisions to impose Anti-dumping duties. Terms of Non-market Economy Country settings, substantial damage to the establishment of standards, the cumulative damage and the increase in the content of the Continued dumping invariably show that the U.S. Anti-dumping law has made the domestic industry a disadvantage when it is faced with foreign competition.The third part,the U.S. Anti-dumping analysis of the status quo. After half a century development, the American Anti-dumping law finally stabilized under the WTO trade framework, thus including the international element. To join with the "World Trade Anti-dumping Code," the same contents such as "Sunset review" requirement, "micro" issues were intaked. Such fresh elements were seemingly consistent with the international code but actually at variance, which were still applied to facilitate domestic enterprises to initiate Anti-dumping lawsuits and created an artificial competitive advantage of domestic enterprises. Moreover, "Byrd amendment" abandoned the cloak of international Anti-dumping rules, giving the domestic industry blatant trade protectionism.The fourth part,the U.S. Anti-dumping law has the characteristics of start-benefit analysis of protectionism. We have pointed out its protectionism, what factors have created a contest of feature. This part will answer the question. Undoubtedly benefit analysis of the factors can help identify the nature of Anti-dumping trade protection.The fifth part, the U.S. Anti-dumping Case Analysis of its protectionism features. The face of the creation of the United States against China as the representative of the so-called "Non-market Economy" in terms of Changhong receiving the Department of Commerce and the International Trade Commission's final verdict to the U.S. International Trade Court of Appeal. Although the United States Court of International Trade ruling Business Department and the International Trade Commission make a ruling on this again, but eventually the Ministry of Commerce and the International Trade Commission maintained its previous ruling. Once again, China has suffered unfair treatment of U.S. Anti-dumping laws.The sixth part, protectionism in the face of the U.S. Anti-dumping law intensified characteristics proposed a policy response. At the national level, we should abide by "international Anti-dumping of the Uniform Rules" to take full advantage of China's Anti-dumping actions against the United States'dumping; Standing in enterprises'standpoint, we should take positive activity to the challenge to avoid the old "domino" repeating.