The Status Quo And The Problems On The Developing Countries' Anti-dumping Practices To China

Dating back to 80's of last century, developing countries started the usage of anti-dumping to China. Accompany the growth of our foreign trade, in recent years, the anti-dumping cases aiming to China also increase sharply. Nowadays, China is undertaking the most anti-dumping cases and meanwhile, is the largest victim in anti-dumping disputes.At the same time, not only does the traditional western country, but also many developing countries are practicing anti-dumping to our products frequently. Developing countries, like India, Mexico, Brazil even go much further than USA and Australia in anti-dumping practice to China. Through these cases, we pay great price for anti-dumping duty as well as the lost of developing country's market. In addition, some industry even is kicking out of their market permanently. This Phenomenon, however, hampers our extension to developing country as well as our foreign trade policy.Therefore, it has a practically significant meaning to do the research on this problem and work out solutions for our industries. Since we have accumulated rich experience in dealing with developed country's anti-dumping, this thesis is mainly focus on developing country's anti-dumping practice to China. Comparing with developed country, developing country's anti-dumping action is more dangerous in several aspects. It's attitude is much more discriminatory, while it's legislation is less perfect; It's government gave more power to anti-dumping department, while it's procedural regulation is not supervised strictly.Generally speaking, the whole thesis is divided into four chapters. The first part introduces the present situation of developing country's anti-dumping practice to China. Then, it presents some main legal problems among their anti-dumping codes. The second part is a relative important chapter, in which the author pays much ink. Through the comparison between developed and developing country, the author summarizes the features of developing country's anti-dumping practice. In the third chapter, the thesis takes India as an example, analyzing the deep problems in it's anti-dumping act and illustrates it's influence. At the last part, the author provides the strategy from the viewpoint of government, industry and association.Though there are a lot of drawbacks in determination of injury, the standard of causal relationship, still, we can avoid the suffering of been claimed for dumping. The proper use of WTO regulation, the positive action towards investigation, the effort in applying market economy treatment is all vitally important.Upon the study of developing country's anti-dumping practice, it is not only important but also practically significant to preventing and efficiently takes legal action, to point out the problems in the research of legislation, to clear up the confusing ideas, and to put forward the ideas of further perfection of our counter argument for anti-dumping suit.