Research On The Application Of The Causality In Chinese Anti-dumping Cases

Anti-dumping cases were widely used by many countries as a kind of important trade remedy way, WTO constituted the "Anti-dumping Agreement" to ensure international trade develop freely and to achieve whose purposes of criterionize implementation of anti-dumping cases. The three elements of anti-dumping cases are dumping, injury and the causal link between dumping and injury, which can prove that the causal relationship between injury facts and dumping play a decisive role in the possibility to initiate anti-dumping cases. However, the GATT/WTO is principle for the relevant regulation of anti-dumping causality, and not constituted the identification criterion of anti-dumping causality, each country and academic don’t have a consistent understanding of it. Since1997, China is mostly subject to anti-dumping investigation for many years, many products are levied high anti-dumping duties resulting in huge losses of Chinese economic and competitive industry.The thesis based on WTO rules, legislation and anti-dumping practice of countries and region, studied the application of anti-dumping causality, and tried to give suggestion about Chinese anti-dumping legislation and execution. The article will discuss mainly from the following four sides.The first part started with the basic problem of confirming anti-dumping causality, defined causality as universal causality and anti-dumping causality, distinguished philosophy, causality of tort law in civil law, and then introduced the main identification criterion of causality of WTO anti-dumping agreement, as the ’Principle Cause’criterion, the’Substantive Cause’criterion, and the’Contributory Cause’criterion.The second part deal with the anti-dumping causality of the GATT/WTO, introduced the historical evolution of GATT/WTO anti-dumping causality rules, analyzed specific rules of causality in WTO anti-dumping agreement and main viewpoints, reasons amended in Doha anti-dumping agreement, compared the advantages and disadvantages of different viewpoints.The third part analyzed the application of practical anti-dumping causality of the United States, the European Union and China by the way of integrating the theory and cases.The fourth part gave some suggestions about improving identification criterion of causality in Chinese anti-dumping legislation on the basis of the first three parts, and found feasible solutions to tackle Chinese anti-dumping cases from international community in the application.