An Analysis On "Facts Available" Of Anti-Dumping Law

Article 6.8 and Annex II of the Anti-Dumping Agreement entitle an investigating authority, when conducting a dumping investigation, to use the "facts available" in order to make certain conclusions when those interested parties do not provide the information themselves. Although "Facts Available" provisions of the Anti-Dumping Agreement is very complicated, but through divided the provisions into the obligation of investigating authority, obligation of interested parties, other rules of three parts, and use anti-dumping cases, the Panel and Appellate Body decisions to analyze the rules, which can help the understanding of the provisions. By reference data, analysis the use of "facts available" before and after the adoption of Anti-Dumping Agreement. Presenting the existing problem of "Facts Available", then leads to "Friends of Anti-Dumping Negotiations" and introduced the proposed changes submitted by the organization. Analysis these proposals if they have practical significance, then raise the corresponding point. This article contends that substantial changes to the "facts available" provisions of the Anti-Dumping Agreement are not needed, and if any changes to these provisions are made, they should reflect "best practice" guidelines based on current practices of WTO members as well as interpreting article 6.8 and Annex II. The most appropriate way for the application of "Facts Available" is that to introduce "Best Practice" Guidelines. Through the WTO Rules Division to provide training for WTO member countries, so that it could encourage WTO members to adopt such "guidelines" in the way they conduct their anti-dumping investigations. China have to improve the domestic legislation based on Anti-Dumping Agreement and practice. By strengthening cooperation with the WTO Rules Division to protect the interests of domestic enterprises.