Study On Sunset Review Of Anti-dumping System

As has been recognized by the World Trade Organization, Anti-dumping measure was widely used by the WTO member states as a trade remedy measure. But due to the different understanding to this measure, it was often been used as a tool of trade protectionism. Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 reached at the Uruguay Round firstly set a fixed time limitation, which was named Sunset Review, to the termination of anti-dumping measures in the history of GATT development. As the last lines of the administrative review procedure, Sunset Review plays an important role in reducing the abuse of anti-dumping measures. Since countries taking part in the negotiation have different understanding to the termination of anti-dumping measures, the result of the compromise negotiation is the ambiguity of the system. In reality, the great difference of Sunset Review legislation and practice between WTO member states has lead to frequent trade disputes, many cases under World Trade Organization Dispute Settlement Body are related to Sunset Review.In order to construct a Sunset Review System which could not only meet the WTO Anti-Dumping Agreement specific provisions, but also preserve our political and economic interest, we must study the WTO Anti-Dumping Sunset Review system thoroughly, and learn the legislation and practice of EU and U.S.. And also, we should attach more importance to learn the major trading partner countries' Sunset Review legislation, in order that we could take reasonable measures to cope with Sunset Review of these countries and minimize damage of Anti-dumping measures.This paper analyzed the Article 11.3 Sunset Review provisions of Anti-dumping Agreement, conducted a longitudinal analysis to several Sunset Review related issues of World Trade Organization Dispute Settlement cases, and also concerned about the process of the Doha Round negotiations about the sunset review; In the domestic law level, I analyzed the sunset review system of the U.S.A. and EU, comparatively studied the differences in procedural and substantive aspects, and analyzed their advantages and disadvantages. Finally, I analyzed the existing law and deficiencies about Sunset Review legislation, combined with Sunset Review Practice, formed several recommendations on the construction of Sunset Review legislation; and from the point of exporter, I put forward recommendations to corporate, government, industry associations to cope with foreign sunset review.In this paper, case studies and comparative analysis are used as research methods, I selected four major issues from the Panels Reports and the Appellate Body Reports, trying to find out more authoritative interpretation and understanding to the Sunset Review System; and also this paper focuses on the Doha Round negotiations, these will be very important for us to construct an reasonable Sunset Review law system.