Study On The WTO Case Of China's Anti-dumping Measures On Cellulose Pulp From Canada

As the speed of world economy becomes slow,countries adopt trade protection measures to protect the domestic market.Owing to legality and maneuverability,the anti-dumping measure becomes one of means that each country adopts frequently.Study on anti-dumping cases is of great significance to China's response to anti-dumping disputes.The thesis studies on the case of China's anti-dumping measures on cellulose pulp from Canada.The cellulose pulp industry occupies an important position in the national economy as China is the predominant producer of viscose staple fiber and cellulose pulp is the raw material for producing viscose staple fiber.In this case,China becomes respondent because of anti-dumping measures on cellulose pulp from Canada initiated by China through applying WTO rules.The dispute focuses on examination elements of injury determination and the determination of causality,which are unavoidable issues in all anti-dumping cases.However,there are few studies on these aspects in the academic circle and most of them are early studies which are not deep enough.As this case is more comprehensive and in-depth,some suggestions are put forward in the thesis for improving relevant provisions of China's anti-dumping legislation based on the study of this case.The thesis mainly adopts empirical analysis,comparative analysis and normative analysis to study the WTO case of China's anti-dumping measures on cellulose pulp from Canada deeply and comprehensively.The thesis is composed of six parts.The first part is “introduction to the case”.It briefly introduces the basic information of the WTO case of China's anti-dumping measures on cellulose pulp from Canada,including the background,development and dispute focuses of this case.The second part is “whether the consideration of the significant increase in the volume of dumped imports conforms to the anti-dumping agreement”.With summaries of views from Canada,China and the panel,the case reflects disputes on the consideration of factual circumstances and the necessity of explanation.Consequently,meanings of “consider” and “significant” should be defined clearly.The alternative relation between absolute increase and relative increase ought to be clear in order to settle the disputes.The third part is “whether the consideration of price depression is consistent with the anti-dumping agreement”.Based on views from Canada,China and the panel,the case reflects disputes on the consideration of price depression according to different factors which include parallel price trends,the fact that dumped imports are sold at higher prices than the domestic like product,the change of market share,pricing documents and meeting minutes.Therefore,the correlation between various factors and price depression should be paid attention to and factors should be taken into consideration comprehensively.The fourth part is “whether the evaluation of market share and positive factors is consistent with the anti-dumping agreement”.On the basis of opinions from Canada,China and the panel,the case reflects disputes on the rationality and objectivity of the evaluation of market share and positive factors.Consequently,the factor of market share should be evaluated compulsively and explained to support the evaluation.Positive factors and negative factors ought to be considered comprehensively.The fifth part is “whether the demonstration of causation and non-attribution analysis conform to the anti-dumping agreement”.Based on the summary of opinions from Canada,China and the panel,the case reflects disputes on the demonstration of causation and reviewing methods which are adopted to objectively examine other known factors and distinguish injurious effects of these factors from injurious effects of dumped imports.Hence,analyses of volume,price effects and the impact on domestic industry are put forward to demonstrate causation.The meaning of other known factors and the method of non-attribution analysis should be defined.The sixth part is “the reflection of the case”.It reflects deficiencies of China's relevant legislation and legal provisions which are not detailed according to the study on this case and the analysis of China's anti-dumping legislation.Therefore,the consideration standard of the significant increase in the volume of dumped imports,the consideration elements of price depression,the evaluation mechanism of market share and positive factors and the determination of causation should be improved.On the basis of the in-depth study of this case,the thesis puts forward some suggestions on the improvement of China's relevant anti-dumping legal system,so as to better deal with anti-dumping disputes.