On The Misunderstanding Of The Practice Of "facts Available" In The Anti-dumping Investigations

This essay mainly researches on Article 6.8 of and wrongly use of"facts available"rule. This essay will provide some suggestion to prevent wrongly use of"facts available"rule after analyzing performance, reason and result of wrongly use of"facts available"rule.This essay is divided into three parts. Part A analyzes the legislative effect of"facts available"rule. This part mainly introduces legislative purpose, implement in some countries, the effect that"facts available"rule should result in and problems that may be raised in the process of using"facts available". We get know that the legislative effect of"facts available"rule is to ensure antidumping investigation authority complete investigation.Part B analyzes the wrongly use of"facts available"rule. We discuss standard by which we determine whether there is wrongly use of"facts available"rule. After that, the wrongly use is discussed in macroscopic and microscopic aspect. Then, the reason why"facts available"rule is wrongly used and negative effect resulted from wrongly use are discussed.Part C provides some suggestion in international law and domestic law aspect to prevent wrongly use of"facts available"rule. In international law aspect, the suggestion is to clarify definition of some words. In domestic law aspect, the suggestions are to increase transparency of investigation procedure and further introduction of public interest.