Study On The Lesser Duty Rule In Anti-dumping Law

Article 9.1 of the ADA states that"...It is desirable that the imposition be permissive in the territory of all members, and that duty be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry."The object of the rule is to ensure that any AD duty is set at a level adequate to permit the domestic like product to compete with products subject to antidumping measures without being injured. As a matter of fact, The Agreement of Anti-Dumping encourages the WTO members to levy less duty than the dumping margin which is called Lesser Duty Rule. Since EC gains great number of experience on applying Lesser Duty Rule, it is significant to do a research on EC legislation and Practice of this rule. Base on the above Discussion and the situation China confront with in anti-dumping, I suggest that we China should suppose the WTO embody a mandatory Lesser Duty Rule, and we also should embody Lesser Duty Rule in our law.