A Comparative Study On Anti-Dumping Sunset Review System In European Union And The United States

As one of the three mostly used lawful trade remedy measures, anti-dumping has been generally acknowledged by both the WTO and the member states. However, by keeping the healthy development of domestic industry, some member states have gradually exploited the loophole in those rules to make the anti-dumping rules a tool for trade protectionism. To prevent the anti-dumping measures from dragging on endlessly, the WTO has introduced the sunset review system into the anti-dumping rules. The sunset review system is established upon the fairness and justice principles and the principle of changed circumstances. The purpose of the system is to nullify the anti-dumping rules just like sunset, if the continued implementation of the anti-dumping rules will produce unfair results or contrasts sharply with the current situation at home. Seeing from the course of the WTO introducing the sunset review system into the anti-dumping rules and many sunset review cases in the trade practice, the introduction of sunset review system has not completely achieved the desired effect, on the contrary, it provides legal means for the unreasonable delay of the anti-dumping implementation deadline. In which the most representative is the United States and the European Union legislation. As the world's two largest economies as well as the two most important largest trading partners of our country, the United States and the European Union have considerable experience in the application of trade remedy measures, particularly in formulating and implementing the sunset review system, which has produced profound influence to other countries and WTO itself. China is just at the beginning in this respect. In Anti-dumping Regulations of the People's Republic of China, the rules regarding the sunset review are still structural and general and a lot of the content is still in the trial phase. Therefore, it is quite necessary to refer to the experience of the sunset review of the United States and the European Union.Except for the Introduction and the Conclusion, this thesis can be divided into four parts. Empirical analysis, comparative analysis and statistic analysis are employed. On the basis of commenting and comparing the pros and cons of the sunset review system of the United States and the European Union, advices are offered for the perfection of our country's sunset review system and suggestion are given to the export enterprises of our country upon how to deal with the sunset review of the United States and the European Union. The first chapter is about the fundamental theory of the anti-dumping sunset review system. The connotation of the anti-dumping sunset review system is firstly introduced, the theoretical basis, basic features and realistic significance of the system, and then the origin of the sunset review system of the United States and the European Union is analyzed in the following section. This chapter is the theoretical basis of the whole these, focusing on the theoretical basis, basic features and realistic significance of the sunset review system.The second chapter is analysis and comparison of the procedural rules of the sunset review system of the United States and the European Union. Firstly, the writer analyses the procedural rules of the American sunset review system, matching a diagram to illustrate. Then the thesis writer analyses the procedural rules of the sunset review system of the European Union and empirically analyses the embodiment of the procedural sunset review rules of the United States and the European Union in cases. Lastly, comparison and analysis are made upon the procedural rules of the sunset review system of the United States and the European Union.The comparison of the entity rules of the sunset review system of the United States and the European Union is made in the third chapter. The research mentality is the same as that employed in the second chapter. The entity rules of American sunset review system are firstly analyzed with detail, as well as those in the European Union. In the following, the writer empirically analyses the embodiment of the entitative sunset review rules of the United States and the European Union in cases. Lastly, comparison and analysis are made upon the entitative rules of the sunset review system of the United States and the European Union.In the fourth chapter, the construction and perfection of the sunset review system in our country is presented. This part is written from two perspectives: one is to use the successful experience of the United States and the European Union for reference, discarding their defects, give pointed viewpoints for the construction and perfection of the anti-dumping sunset review system in our country; the other is to offer suggestions to the export enterprises of our country upon how to deal with the sunset review of the United States and the European Union.The conclusion part attempts to put forward endeavors and trials of modifying the sunset review system by the WTO in the Doha round for further study. China, a rising developing country, has gaining ever-increasing importance of a say in the WTO. In future negotiations concerning the sunset review system, the propulsion or the influence of powerful countries like the United States and the European Union upon the sunset review system in the WTO are unavoidable. Facing the influence squarely is also an indispensable issue in the construction and perfection of the sunset review system in China.