The Legal Issues On Zeroing Methodology In Anti-dumping Investigation

In recent years,"Zeroing methodology" in anti-dumping is more and more became a hot point problem.It was frequently used by the few countries represented by the US, While many WTO members are dissatisfaction with which has been repeatedly identified as illegal in the WTO Panel and Appellate Body reports. From1997the case of WT/DS141India-European Union on,"Zeroing methodology" has been challenged in WTO Dispute Settlement Body(DSB) for several times. However, because the tough stance of some powerful countries, such as the United States, it will be hard to completely abolished Zeroing."Zeroing methodology" be used regularly and can’t be prohibited, there are several different reasons. The main cause is WTO legislation not normalized, many flaws and blanks are unavoidable in enacted law. So give Protectionists an opportunity or a means for achieving a purpose.With the development and internationalization of economy of China, Certainly are unavoidable became a "Zeroing methodology" victime. Many export-oriented enterprises to be victims in China, tapered off from the international marketplace. We have lost the chance of being involved in international vertical specialization. However, more worse, the present situation is that Chinese researches in these areas have lagged behind. The paper that is basing on a systematic study about "Zeroing methodology" in anti-dumping is expected, which is the point of this article. I also analyzed two typical cases in this article, the purpose is lying experience of "Zeroing methodology" in anti-dumping in the practice, based on the investigation, analyzing and forecasting the advancement abou the case "China-America" WT/DS422.The paper includes five parts, In part Ⅰ, introduce the theory of "Zeroing methodology" in anti-dumping, including basic concept,types and essence of "Zeroing methodology" Part Ⅱ introduce application about "Zeroing methodology" in practice. Part Ⅲ analyze three typical cases. Part Ⅳ analyze the Illegality of Zeroing Practice. The last explain my suggestion about how to protect our country from being damaged by "Zeroing methodology"...