On The Determination Of The Dumping

According to the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, a product of one country is to be considered as being dumped, if it is introduced into the commerce of another country at a price less than its normal value. Anti-dumping is a kind of legal measures approved by World Trade Organization in preventing unfair trade and protecting domestic industry.The determination of dumping is the prerequisite of taking anti-dumping measures and the key to anti-dumping regime. There are three aspects in the determination of dumping: a) the determination of the normal value; b) the determination of the export price; c) the comparison between the normal value and the export price. Each of the above aspects is critical for the determination of dumping. The emphasis of the article is to study the relevant regulations of anti-dumping laws of World Trade Organization, and to review the typical regulations of anti-dumping laws of the United States and the European Union. Then this thesis will analyze the main problems of China on dealing with anti-dumping actions and initiating anti-dumping actions, and put forward some proposals in solving the problems.The dissertation holds that the reasons of the rise of anti-dumping cases toward Chinese products in recent years are multi-faced. From the perspective of the determination of dumping, price is the crux while the non-market economy and surrogate country are the core. Therefore the article suggests that the Chinese government should join force with its business associations, enterprises and strive for the help of the exporters to cope with the anti-dumping suits by taking appropriate price tactics, putting forward the strong defence of market economy, choosing the right surrogate country and amplifying anti-dumping early-warning mechanism. As to the dumped products from foreign country to China market, China should improve its law system on the determination of dumping and learn how to correctly take anti-dumping measure to protect domestic industry.