On Determination Of Dumping, Anti-dumping Law

In recent years, China's export products are suffering more and more anti-dumping investigations launched by U.S.A, EU and other countries. How to deal with these anti-dumping investigations has become an important problem faced by government and enterprises. Determination of dumping, determination of injury and the causation between dumping and injury are three necessary conditions for taking anti-dumping measures. Determination of dumping, as one of the necessary conditions, has very important significance. The general principle about determination of dumping is provided in Article 2, WTO Anti-Dumping Agreement. According to this principle and U.S.A and EU anti-dumping laws and practices, this paper demonstrates the method for determination of dumping systematically.This paper consists of seven parts, the content of each part are as follows:Part one analyzes the concept of dumping and formulates the significance and method for determination of dumping. Part two introduces the general prevision about determination of dumping in Article 2, WTO Anti-Dumping Agreement. Part three introduces the method for determination of subject merchandise and analyzes the relevant legal issues.Part four and five demonstrate the determination of export price or constructed export price and normal value. Part six illustrates the adjustment items and adjustment methods in detail. Besides, EU adjustment method is introduced briefly.Part seven illustrates the three kinds of calculation methods provided in Anti-Dumping Agreement. When positive dumping margin is proved, dumping is determined. Conclusion illustrates the practical value of this paper.This paper demonstrates the method for determination of dumping systematically, to help Chinese enterprises deal with anti-dumping investigations and provide reference to anti-dumping practice and research.