Dumping To Determine The Rules Of The Wto Anti-dumping Agreement "

As a legitimately relief measure to intemational trade, antidumping has been authorized by the WTO. Unfortunately it has been abused to protect domestic industries. Exporting sales can be easily considered as dumping by the import authorities. Dumping is affirmed according to the national anfidumping law, which should follow the standards given by the WTO Anfidumping Agreement. As we all know, the objective of the WTO Anfidumping Agreement is to promote not to hinder the international trade. So it should be made clearly what happened between the national anfidumping laws and the WTO Anfidumping Agreement.This paper sets forth suggestions of amending the WTO Anfidumping Agreement. It starts by the history of the rules of definitions of dumping. Export price, normal value and dumping margins are appointed to be the main points of the rules.Part two of the paper pays ink to the analysis of the export price. The comparison has been made between the WTO Anfidumping Agreement and the anfidumping laws of America and the European Union. Not too much conflict has been found between the rules.The third part analyses the rules of determination of normal value. The comparison is also made .But what needed to be pointed out is that ,thanks to the ambiguity or sometimes absence of the related provision, there are a lot inconsistency between them. The proposals follow as: eliminate "profit" component from "constructed value"; eliminate the use of third-country sales in calculating normal value; permit exclusion of home-market sales from the calculation of normal value only in specified aberrational sales.The last part makes an analysis of the rules of determination of the dumping margins. The proposals follow as: when dumping margins are calculated negative dumping amounts should be given their full weight in the calculation of the foreign producer's overall dumping margin. Meanwhile, the practice of zeroing should be prohibited; "off-quality" or secondary merchandise should be considered in the calculation of the dumping margin; the automatic deduction of indirect selling expenses from either the constructed exported price or the comparison-market price should be prohibited.Use of antidumping laws around the world is widespread and growing. Accordingly, changes to antidumping roles are needed to bring national laws into conformity with the basic principles and objectives of the Antidumping Agreement. Thought from the foundation, the improvement of antidumping laws' aim and the limitation of the collateral damage inflicted in business practice that has noting to do with "unfair trade" should be realized by WTO Antidumping Agreement itself.