Research On The Identification Of Antidumping Injury In China

The determination of antidumping injury is one of the most core concepts in antidumping legislation.It is not only the premise of anti-dumping sanctions,but also an effective means for each country to protect its domestic industry.According to the anti-dumping laws of various countries,the applicant who puts forward the anti-dumping investigation on the foreign import products shall list the preliminary evidence of the injury caused by the dumped import products to the domestic industry,otherwise,the investigation authority will reject the application.After preliminary investigation,it is found that there is only dumping but no damage,and the investigating authority will also suspend the investigation.In the final determination,if there is no affirmative determination of injury,even if there is an affirmative determination of dumping,anti-dumping measures cannot be taken.It can be seen that the determination of antidumping injury is indeed of great significance in antidumping law.With the development of economic globalization,trade frictions between countries are increasingly intensified,and the contradiction between dumping and anti-dumping is also deepening.After the rapid development of China's economy,China has repeatedly suffered from anti-dumping lawsuits and sanctions,which has caused huge losses to foreign economic and trade.One of the main reasons for this phenomenon is that China's anti-dumping legislation is not perfect.Since the first anti-dumping injury recognition legislation appeared in 1994,it has been amended and supplemented many times,but so far,many important issues related to the injury recognition have not been fully specified in the legislation.Therefore,it is necessary to perfect the legislation of anti-dumping injury identification in order to make the damage identification more fair and reasonable in the anti-dumping investigation,and to reverse the disadvantage of our country in the international trade.Next,the author mainly expounds the important concepts and standards of the determination of injury in the anti-dumping law,and probes into the legislation of the determination of anti-dumping injury in foreign countries,as well as the theory and practice in this field in China,in order to put forward practical measures for the improvement of the legislation of the determination of anti-dumping injury in China.It includes the following four parts:The first part is about the general issues of anti-dumping injury identification.Starting from the concept of damage and damage identification,this paper explores the main contents of damage identification,such as the identification of similar products,domestic industries,substantial damage and causality,which are directly related to the results of damage adjudication and the application of anti-dumping measures.Finally,the five principles that need to be followed in the determination of antidumping injury,namely,the principle of non discrimination,the principle of objectivity,the principle of comprehensive review,the principle of transparency and the principle of cumulative assessment,are elaborated.The second part,as the focus of this paper,first of all,makes a brief review of the historical development of anti-dumping injury recognition legislation in China,and then analyzes the current situation of anti-dumping injury recognition legislation in China from the aspects of similar products,domestic industries,injury types,causality and so on.Finally,it summarizes the shortcomings of the current anti-dumping damage identification in the legal provisions,including the legislative level is not high enough,the specific content of the damage identification needs to be improved and the operability is not strong enough.The third part uses the method of theoretical research and case analysis,respectively from the perspective of WTO,the United States and the European Union anti-dumping law to elaborate the advanced legislative provisions related to the determination of anti-dumping injury in foreign countries,focusing on the analysis of domestic industry,similar products and injury determination standards.Through the analysis of the above content,we can summarize the beneficial points that we can learn from,including four aspects: improving the provisions of identification factors of similar products,refining the definition of domestic industries,defining the evaluation factors of damage identification standards and determining factors of causality.The fourth part is to improve our anti-dumping legislation.Based on the useful experience of the determination of antidumping injury in foreign countries,the author rationally considers how to apply the relevant legislation of the determination of antidumping injury in China more reasonably.From the legislative level,it is suggested to improve the current level of anti-dumping injury legislation in China;from the substantive provisions,it is suggested to improve the specific content of the determination of anti-dumping injury,including determining the examination standards of different forms of injury,improving the provisions of domestic industry and similar products,improving the provisions of cumulative assessment and causal relationship determination,and further complementing the public interest;from the procedure It is suggested to standardize the relevant procedures of damage identification and establish a special investigation department for damage identification.China's anti-dumping injury recognition legal system is more perfect,which can also promote the steady and healthy development of China's domestic industry.