Research On Anti-dumping Duty Rate System

With the continuous development of international trade, as well as the advancement ofeconomic globalization and integration process, the traditional tariff and non-tariff barriersgradually being restricted, or even cancelled. The anti-dumping measures as a trade remedymeasures which allowed by the WTO Laws, its function is to maintain fair trade and protectdomestic industry security. But with its special location and protection function, itsimplementation has an expanding trend. The anti-dumping measures have formal legality,highly targeted, easy to implement, significant effect and not easy to incur exporter of revenge,and many other features. Due to the WTO rules and anti-dumping domestic legislation are notperfect, in some countries, the anti-dumping measures has gradually deviated from thelegislative purpose of maintaining fair and free trade, there is a reality that abuse the name ofthe anti-dumping measures to protect domestic trade.Use of anti-dumping trade remedy measures, its core question is how to determine fair,reasonable and effective anti-dumping duty rate. Low duty rate can’t effectively protectdomestic industries. Duty rate are too high, can’t take into account the downstream industries,consumers and the country’s public interests, also easily lead to trade friction. Thereforereasonable and effective anti-dumping duty rate system is worthy of attention and discussion.At present, there are two main methods in the world to determine the anti-dumping taxrate. One method is based on the imported products’ dumping margin rate to determine theanti-dumping duty rate. It uses the difference between the adjusted normal value and exportprice (dumping margin), divided by the export price. Another method is to calculate thedumping margin rate and the injury margin rate, choose the lower one as the basis of theanti-dumping duty rate, it means low duty rule should be applied. This method is notmandatory. Price cutting method and Low-cost method as two basic methods of EuropeanUnion to calculate the injury margin rate, has been widely used in the anti-dumping practice,to the improvement of the WTO rules and other members’ legislation has a significant impact.This article applies the research method of comparative analysis, by comparing theanti-dumping duty rate rules of WTO "anti-dumping agreement", the European Union, theUnited States and China, to determine a comparative study on the related legal rules, todiscuss the relevant factors which influenced the anti-dumping duty rate, to summarize andthen put forward the legislative suggestions to perfect the system of anti-dumping duty rate.The article is divided into five parts. The first part is the introduction. It elaborates thethesis research purpose and significance, research status in this field at home and abroad, as well as the research methods and innovations; The second part is the summary ofanti-dumping duty rate. Mainly discusses the definition and the value of the anti-dumpingduty rate. Further clarify the determination of anti-dumping duty rate should not be too high,it should be limited to the range to eliminate the damage; The third part expounds the WTO"anti-dumping agreement" to determine the anti-dumping duty rate calculation rules of systemin detail. Anti-dumping duty rate determined from the four core parts, the determination ofnormal value and export price, the price adjustment, the adjustment of normal value andexport price fair comparison methods are discussed in detail. And comments on the currentWTO anti-dumping duty rate rules; The fourth part comparative analyzes the European Unionand the United States anti-dumping legislation. The low taxation rules which applied by theEuropean Union, the calculation methods of the dumping margin rate and the injury marginrate, and the characteristics of American anti-dumping duty rate are discussed respectively;The fifth part is to discuss the anti-dumping duty legislation in China, this part analyzes thepresent situation, existing problems and improving suggestions, and puts forward suggestionsfor China’s response to foreign anti-dumping duty rate decision.To sum up, fair, reasonable and effective anti-dumping duty rate can rise to maintain fairand free trade environment, to protect the interests of the relevant domestic industries, andalso can take into account the social and public interests. In the process of determination ofanti-dumping duty rate, the first step is to raise the threshold of the anti-dumping measures, toprevent the abuse of the anti-dumping measures. At the same time, to limit the anti-dumpinginvestigation agency’s discretion; Second, further clarify and refine the anti-dumping dutyrate definite rules, so that it is more accurate and operable. Carry out low duty principle,perfect the public benefit evaluation mechanism, consider the related factors influencing theanti-dumping duty rate, shorten the duration of the implementation of anti-dumping measures,to minimize the adverse effects of anti-dumping measures on the international trade. Finally,in the implementation of anti-dumping measures, should consider the economy of developingcountries, to give the feasible preferential treatments for developing countries.