Anti-dumping Rules Of Origin Applicable To The Study | | Posted on:2008-07-31 | Degree:Master | Type:Thesis | | Country:China | Candidate:Q He | Full Text:PDF | | GTID:2206360215473117 | Subject:International Law | | Abstract/Summary: | PDF Full Text Request | | This paper on the Rules of Origin, is mainly about the legal system and the specific function of on Rules of Origin in anti-dumping practice, and analyzes the cause of misuse of Rules of Origin in from anti-dumping practice and also makes some comments on the legal system on the Rules of Origin. In the circumstance that anti-dumping is more and more mis-used, this paper has its significant meaning both on theory and practice.The author, by the means of comparison and classification, make some analysis and comments on legal system and the specific function of Rules of Origin in anti-dumping practice, the frame-work and the relocation of the function of Rules of Origin, and give out my own view on the tendency of legislation.This paper contains six chapters. This first chapter is about the definition, classification and common standards of Rule of Origin. The rule of origin, by different standards, can be divided into three styles. These are preferential and non-preferential Rules of Origin, Rule of Origin of one single number and of regional trade group, Rule of Origin for import and export. The common standards are alternation of Classification of Custom, Percentage of Price-add, Make-procedure.The second chapter is on the legal system of Rules of Origin in the anti-dumping practice. The domestic part mainly introduce the legal system of U.S.A and E.U. The international treaty part illustrates on the generation and modification background, and gives some introduction on the harmonization work..The third chapter mainly analyze the specific function of Rules of Origin in the anti-dumping practice. The following issues are discussed. One is the scope definition of scope of Subject Matters. Second is normal value. Third Domestic Like Products. Fourth the affirmation of Injury. Fifth the Anti-Elusion.The fourth chapter is on the cause of misused Rules of Origin in anti-dumping practice. The author thinks the following reasons should be considered: the trade protection-function of Rule of Origin, the tow-tired legal system of Rule of Origin in Anti-Dumping practice.The fifth chapter mainly discuss that Rules of Origin has become one of the trade-protection measures in new period and point out the conflicts with the Black Law of WTO rules. On the reconstruction and development of legal system of Rule of Origin, the author first make some comments on the harmonization work, and give out my own idea on the restriction of discretion of involved authorities.The six part is the summary on the essay. The author insist that, the Rules of Origin should be applied uniformly in all the fields, including the anti-dumping practice, and give out my own idea on the reconstruction of legal system of the Rules of Origin. | | Keywords/Search Tags: | rule of origin, anti-dumping, subject matters, normal value, anti-elusion, legal system | PDF Full Text Request | Related items |
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