| Dumping and antidumping have always accompanied with the international economic and trade association. With the promotion of the worldwide economic globalization and trade liberalization, the international economic exchange will be much deeper and wider. And the conflicts between dumping and anti-dumping are also bound to be more intense. For China, after its entry into WTO, while most other instruments of protection, such as tariffs, quotas, voluntary export restraints, etc. have been brought under greater GATT/WTO discipline, dumping actions of foreign goods have flourished and will be more serious .If for no other reason, the widespread use of anti-dumping would make it an important research topic of either economists or jurists. They must make clear how to use the AD statues to offer preferred industries protection without blatantly violating GATT/WTO principles.In this paper, the author lays the research focus on US AD filing mechanism, and the political -economy factors of it. There are two main reasons for my exclusive focus on it. First, America is a traditional AD user. Its first anti-dumping legislation dates to Tariff Law in 1921.Second, and it has always been China's main trade partner, and always initiated AD investigations toward China. As a result, studying US AD filing mechanism is helpful for China's learning some advanced experiences , and also for taking some effective actions to restrain US's tide of anti-dumping against China. In this paper, the author summarizes the literature on US AD filing mechanism, and try to define it as "2+1"AD filing mechanism ---US industry's petition filing, US AD authorities' self-filing and USITC's (US International Trade Commissions) primary injury investigation. This paper analyzes the legal, economic and political factors of US ADfiling mechanism, and brings to light that US AD filing mechanism essentially regulates the domestic and external interest conflicts. Based on this, the paper takes the serious China's AD situation as the point of departure, explains the necessity for China to actively apply AD filing mechanism, and then puts forward some suggestion for improvement finally.The discussion of the issue in this paper is comprehensive by combination of analysis of case facts and regulations assisted by comparison for the purpose of its universality and practice to certain extent. Meanwhile, the novelty and usefulness of the documents are taken into consideration. The author tries to bring some latest and authoritative files into this paper, to enrich content for necessary integration of theory and practice.This paper is divided into six parts, and the highlights are as follows:The Preface is to raise some issues. By citing the latest data and files, this part provides the brief information about the dumping situation of foreign goods in China, the importance of US trading status to China and the existing shortcomings in Chinese AD statutes in effect, and points out the paper has great realistic and theoretical significance. The preface is mainly to show the significance of the topic and urgency of the studies thereof.Chapter One discusses the value of US AD filing mechanism from an overall point of view, making clear that US AD filing mechanism is an regulatory tool for American domestic and external interests in essence--US AD filing mechanism is not only the effective guarantee system for US trade security and domestic industry benefit, but also the central reflection on US AD legislation' pursuit of formal justice and procedural justice. Chapter Two is focused on US industry's petition filing mechanism.In practice, AD cases begin mostly when an interested domestic part (typically a domestic firm or industry group or firms) files a petition. So a natural research issue is the determinants of who files for AD trade protection and when. The basic answer is the same as for other trade protection policy: It depends on the expected success of the petition, the expected benefit if successful, and the cost of the p... |
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