A Study On Application Of Rules Of Evidence In Anti-Dumping Investigation Procedures

With the development of international trade, dumping has experienced differentstages, and it originated from the period of mercantilism, at that time, the policywhich awarded export trade and punished import trade was made by aim at increasingthe share of international products, pulsing the trade surplus, these has been a longhistory.Essentially, dumping is an act of unfair competition, the exporters hope to crackdown the importing country’s market share, in order to maintain its dominant position,and this behavior should be punished by the law of importing country. Nowadays,anti-dumping has become a kind of non-tariff barriers; it is a disguised form of tradeprotection. If China can make good use of the anti-dumping mechanism, it should besupported by sound, rational, fair, workable anti-dumping procedures. The critical partof this issue is the evidence part. Only China makes better use of anti-dumpingmechanism can China achieve the purpose of protecting of its own industries.In this paper, there are four chapters to analyze rules of evidence onanti-dumping investigation. Chapter one is the introduction of anti-dumpinginvestigation procedures, combined with he definition of evidence and concept, tohighlight the differences of filing procedures and anti-dumping investigationprocedures. The second half of the chapter one focuses on the legislative evolution ofthe GATT/WTO period. Chapter two describes the classification of investigation process under the WTO framework. There are several rules of evidence provided bythe deadline, the confidentiality of information rules, the evidence to verify rules andget the best information rule.Chapter three describes the summary of the rules about United States, EuropeanUnion. Chapter four involved in anti-dumping investigation process, combined with aspecific case of China’s anti-dumping, then practice recommendations.