U.s. Anti-dumping Measures, With China

This article is to introduce the content of American Anti-dumping Law and discuss its policy and practice towards China. It also offers some suggestions on how to deal with American Anti-dumping cases towards China.American Anti-dumping Law is an union of substantive law and procedural law.Substantive Law, the core of American Anti-dumping Law, includs determination of Dumping and Injury, causation between Dumping and Injury, anti-dumping measures, anti-circumvention measures and so on. The author found that there are different explanations in different literatures to some concepts, which are basic but very important, such as Fair Value, Domestic Industry, Injury, etc. Some are obscure or incorrect. With hard work, the author offers his own opinions on the concepts.Department of Commerce and International Trade Commission are in charge of anti-dumping. The main procedures are Action and File, Preliminary Determinations, Final Investigation, Anti-dumping Duty Order, Administrative Reviews, Judicial Reviews and so on. According to the law, there exists strict time limit to every procedure.On the base of lots of American anti-dumping cases, the author concludes American policy and practice towards China as following: treating China as a non-market economy country; deciding Fair Value with traditional measures; deciding Fair Value according to the prices of productive factors in surrogate country; treating Chinese enterprises who accord with the demands with respective duty.After studying American Anti-dumping Law, policies towards Chinese goods and China's entry into WTO, the author gives some suggestions on how to deal with American anti-dumping actions, including speeding up the reform of socialist market economy, strengthening the government's scientific administration of foreign trade, enterprises' marketing and administrative strategies, etc. Particularly, the author suggests how to demurrer to the policy of Surrogate Country after P.R.C and U.S.A reach the agreement on China's entry into WTO, how to make good use of WTO membership and so on.