Damage To Determine The Anti-dumping Laws

In international anti-dumping law system, harm and dump is a pair ofcollateral of two concepts, which are the most basic, the most important.What anti-dumping law aims at is the harm not the dump itself. In practice,anti-dumping laws of almost all countries stipulate that, the proper applicantapplying for anti-dumping investigation should bring out the preliminaryevidence showing the harm home industry suffering resulted from the importproduct, otherwise the supervisor organization will reject the application.After the preliminary examination, discovering that the dump exists not theharm, the supervisor organization will terminate the inquisition. Instead, aslong as the harm exists, the investigation is carried on, though the dump doesnot exist. In the final judgment, if the harm does not have the affirmative rule,even if the dump has, the supervisor organization also wouldn't adoptanti-dump measure. It is another thing that some countries also will considerthe public interest principle before determining to take anti-dumpingmeasures. Obviously, the harm and its definition as the second precondition ofanti-dumping action have the special meaning in anti-dumping law. Because"harm" in anti-dumping law has much flexibility, though the WTOanti-dumping agreement establishes a series of harm affirmation of standard,such as sale, profits, output, market share and so on, but these factors are allinfluenced by various aspects as the economic environment, simultaneouslyalso easily operated by man, lacking objectivity. So far, many importantquestions related to the harm determination have not given clearly in thelegislation. This article started from the concept and origin of harm definitionin anti-dumping law, furtherly talked about the rule of harm determination ofWTO anti-dumping agreement, then studies the legislation and practicerelevant anti-dumping law of world, including our country, hoping that it ishelp to our country during the practice in anti-dumping.The whole text can be divided into three parts:The first part generally elaborates the harm determination of theanti-dumping law in theory. In this part, it tells us the concept of harm, the meaning of harm definition, the main content on the harm determination,namely the quantity of import product, its influence to the price of similarproduct in the domestic market it dumped and the industry of the sufferedcountry. Besides that, it clearly elaborated the status, the function andmeaning of harm determination in anti-dumping law. During the wholecourse, the supervisor authorities follows the principle objectively examiningthe affirmative evidence as its foundation.The second part is the core one, taking WTO anti-dumping agreement,the stipulation about harm definition of Europe and America as theexample,it mains elaborated the legislation and practice of the harmdefinition in international anti-dumping law. In this part, separately discussedthe relative regulation about"home industry","similar product", the form ofharm definition and causal relation, in legislation and practice about harmdetermination of international countries."home industry" has an importantmeaning in harm determination, which directly relates the final rule to harmand the operation of dump measure. Another concept "similar product"is asimportant as "home industry", which directly determined the width of "thehome industry". Therefore, it is necessary to strictly limit the scope of similarproduct, to explicit its standard. After that, the duty of investigation body is toevaluate how much degree the home industry suffered from the dump.According to WTO anti-dumping agreement and the anti-dumping laws ofintemational representative countries, their rules are almost like this: the formof harm defmition has there kinds, namely, substantive harm,substantiveharm threat and substantively obstructing the foundation of home industry.Regarding to the accumulation appraisals, the provision3.3 of WTOregulation stipulates: once the import product investigated from more thanone country s simultaneously, the consequence of dump may accumulatelyevaluate under three conditions, namely: (1) according to each national importdefining the profit margin of dump is higher than the micro, namely morethan2％; (2) almost all the quantity of import product from each nation isworthy of mentioning; And (3)according to the competition situation amongthe imports each other or between the import product and the domestic similar product, it is proper to accumulately evaluate the consequence of the importproduct. The stipulation of many anther countries on there kinds is almost thesame with the provision of WTO regulation, certainly also with its ownparticularity. Besides, the causal relation is also an independent element inimplementing anti-dumping measures, but the determination of the causalrelation is hard to differ from the harm determination. At present, theinternational legislation and practice request that the dump and the harmshould have the general causal relation.The third part mainly elaborated the standard of harm determinationabout the legislation and the practice in the anti-dumping law of our country.Along with the internationalization of the world economics, the developmentof globalization and the world trade unceasingly strengthens, dump andanti-dumping are like the gun-smoke rising from all directions. In order toregulate the international trade, protect the development and new homeindustry, almost all the international countries formulated the anti-dumpinglaw which is considered the safeguard measures in essence, in which thedetermination of harm is regulated, so our country is not exceptional. Theanti-dumping law of our country has stipulates the concrete content of harmdetermination, which includes: "home industry","similar product",the typeof harm and their operation in practice; the ponder and suggestions to definitethe harm in the anti-dumping law of our country, such as perfecting theaccumulation appraisal system, clearly defining the scope of "majority"ofproducer, adding the provision of public interest and the stipulation of harmrange. This is the inevitable trend of internationalization, the development ofthe world economics integration, is also the need for our country to keep thehealth fair order of economy during the process of opening up and is even themeasure of expediency to safeguard the healthy development of our domesticindustry in the domestic and intemational markets.