Determination Of Dumping In The Anti-dumping Legal Issues

Determination of dumping is the precondition to adopt anti-dumping measures, and is also one of the most important steps in the anti-dumping investigation. The article 6 of GATT1994 and WTO anti-dumping agreements both stipulate the general rules that all WTO members should obey, however, much arguments and disagreements have arisen due to some abstract and obscure definitions and stipulations. Now more and more countries use anti-dumping measures to protect their home industries. Thinking of there are few such researches on the determination of anti-dumping, and also with the purpose to determinate dumping more fair and justly, It is necessary to study some relating issues about anti-dumping , which can provide our country's anti-dumping law with more and better theoretic and practical advice.The author studies the existing problems of anti-dumping determination by way of analyzing the WTO rules, and referring to EU and American anti-dumping law, wishes to be useful our anti-dumping law.There are two parts in the thesis: the preface and the text, the latter is divided into five chapters.Chapter one illustrates the determination of normal value, and introduces three methods about the determination of normal value, and put emphasis on sales to related parties, sales at prices below cost, the representative price and the constructed price.Chapter two concerns the non-market economy system, and further analyses the relating rules and legislations of EU and America.Chapter three describes the concepts of like product and how to identify the product. The author also refers to the relating legislations of EU and America.Chapter four is about the determination of export price. This chapter mainly talks about the methods of determination of the export price.Chapter five contains the determination of anti-dumping, and the adjustments and comparison between normal value and export price. This chapter focus on the adjustments of normal value and export price and the issues of fair comparison and"zeroing".