Study On The Lesser Duty Rule In Anti-dumping Law

Today, international trade has got a rapid development with globalization. At the same time, dumping and anti-dumping become a couple of irreconcilable conflict. Different countries take different anti-dumping measures against dumping. Article9.1in WTO "anti-dumping agreement" stipulated that the tax rate less than the dumping margin can eliminate damage. Anti-dumping tax can be levied on this basis. This is the so-called "lesser duty rule". However, in "anti-dumping agreement", it is just the applicable rules, and has not mandatory applicability. At present, anti-dumping law in EU has stipulated mandatory applicability of Lesser Duty Rule. Most countries take a wait-and-see or opposite attitude.In this article, I will analyze the production, application and reasonability of Lesser Duty Rule in theory and practice, and put forward some legislative suggestions in the application of Lesser Duty Rule with combination of the anti-dumping practice in China. The first part of this paper expounds the reason of the production of Lesser Duty Rule". In this part, I will explain the definition of Lesser Duty Rule" and seek out for the causes of Lesser Duty Rule.The second part of this paper expounds the reasonability of Lesser Duty Rule. In this part, I would like to discuss the reasonability of Lesser Duty Rule starting respectively from the intention and character of the anti-dumping law with the entry point of many countries’attitude about Lesser Duty Rule in Doha Round Negotiations.The third part of this paper expounds the practice of Lesser Duty Rule. In this part, I will analyze the problems in practice of Lesser Duty Rule with taking EU as example to promote a better application of Lesser Duty Rule.The fourth part of this paper expounds the meaning of Lesser Duty Rule.to China. In this part, I will demonstrate the importance of Lesser Duty Rule to China with national analysis and make some related legislative suggestions.