Determined By The Anti-dumping Industry Injury Legal Issues

In the GATT anti-dumping law, the determination of injury is one of the conditions, under which an anti-dumping duty can be levied. Dumping, which is to be condemned if it causes or threatens material injury to an established industry in the territory of a domestic industry of a WTO member or retards the establishment of a domestic industry, is not prohibited in ArticleⅥof 1947 GATT. Even there exists "injury", the investigating authorities should prove there is an causality between dumping and the injury of the domestic industry before taking an anti-dumping measure. International anti-dumping law was adopted in ArticleⅥof 1947 GATT, the rules of which have been elaborated and evolved in the subsequent three GATT Anti-Dumping Codes. The WIO members' anti-dumping legislation is parallel with the GATT Anti-Dumping Codes. Although the rules for determination of injury play an important part in the GATT anti-dumping law, there is little research on them.Dumping which causes injury is one of the conditions under which an anti-dumping duty can be levied. A determination of injury depends on specific injury standards, which are abstract and vaguely stipulated in the law documents of every country and the Agreement on Implementation of ArticleⅥof GATT 1994. In order to determine the injury accurately, it is badly necessary to further study the standards of the determination of injury. For example, the definition of "identical product", "domestic industry", "material injury" etc., which can be accepted by most of us, doesn't exist.Based on the comparative study on the anti-dumping law of some advanced countries (mainly E. U. members and the U. S. A.) and the Agreement on Implementation of ArticleⅥof GATT 1994, this thesis gives some suggestion to the improvement of Chinese anti-dumping laws on the determination of injury.This thesis contains four parts: PartⅠwill discuss the concept and the methods of the determination of injury, and then go on to consider aspects which may cause uncertainty of the determination of injury. PartⅡwill examine the domestic industry and identical products, which are the two factors relevant to the determination of injury. PartⅢwill make a comparative study on the injury investigation in the anti-dumping laws of the European countries and the U. S. A. and the Agreement on Implementation of ArticleⅥof GATF 1994. PartⅣwill evaluate the anti-dumping law of China based on the previous comparative study on the determination of injury. Some advice will be given on how to improve the anti-dumping law of China.