Legal Issues In Anti-Dumping Reviews-a Comparative Study

Anti-dumping reviews are important procedures in the application of anti-dumping measures.The review system and its application are the preconditions for reaching the goals of anti-dumping measures.According to the WTO Anti-dumping agreements and general practice of some experienced countries,interested parties may request for administrative reviews at appropriate times and under some conditions. The investigating authority may also self-initiate administrative reviews. Administrative review is a system in which the investigating authority can re-investigate the anti-dumping measures they made before.By using these systems,the investigating authority may adjust the anti-dumping measures according to new situations,so that the interested parties are treated equally.Some thoughts on the goals,the logic and details of anti-dumping reviews in the compliance and study of anti-dumping measures are actually misleading.Theses mistakes may be a big threat to the development of China's anti-dumping review systems.The issues include, but not limit to the following questions,what are the purpose to initiate anti-dumping reviews? Are they started to find new dumping margins or injury? What are the differences between anti-dumping reviews and original investigations? How to use injury factors in anti-dumping reviews?The first chapter is a general introduction to anti-dumping reviews, includes the names,types and details of anti-dumping reviews,the differences between reviews and administrative appeal and judiciary reviews.Based on the research of WTO rules,the law and practice of EU and the United States,some suggestions on initiations,applicant qualification,the materials of applications,the review procedures,and time limit are proposed to revise the anti-dumping review systems.Chapter two compares the interim review of EU,the annual review of the United States,the re-investigation of Canada,analyzes the logic and differences on applications and procedures of investigations.Regarding China's practice,I analyze some issues,such as standard of initiations, whether the companies with zero margins in original investigations shall be involved in anti-dumping reviews,the relationship between interim reviews and sunset reviews.Some suggestions on legislation and practice are also made.Chapter three compares the refund system of EU,the refund of Australia,and the practice of the United States and Canada,analyzes the logic and differences on duty levying and procedures of refund systems, including the Retrospective system in the United States and the Prospective system in EU.Regarding China's practice,I analyze and make some suggestions on legislation and practice which can benefits from the practice of EU.Chapter four compares the new-comer system of EU,the new-shipper review of the United States,and the systems in Australia and Canada, analyzes the logic and differences on duty levying and procedures of new comer systems.Regarding China's practice,I analyze and make some suggestions on the timing of applications and exports,the period of reviews and the materials to be submitted.Chapter five compares the sunset review system in WTO,EU,the United States,and the systems in Australia and Canada,analyzes the logic and differences on legislation and procedures of sunset review systems. Regarding China's practice,I analyze and make some suggestions on the regulations on sunset reviews based on the research of sunset review systems in the main anti-dumping users.Chapter six compares other review systems including change circumstance review and anti-circumvention reviews.As change name review is an important aspect of change circumstance reviews,I analyze the logic and differences on legislation and procedures of change name review systems in EU and United States of America.Regarding China's practice,I analyze and make some suggestions on the regulations on change reviews based on the research.Regarding anti-circumstance reviews,as there are no special regulations in EU and the United States, and anti-circumvention is still a topic in quarrel in WTO,I believe that China should be cautious on the legislation of anti-circumvention reviews.The conclusion part is an introduction to all the issues and analysis in the above chapters.This paper is my efforts of a comparative study on anti-dumping reviews.Any suggestions or opinions would be much appreciated.And any analysis or conclusion is only my personal opinions and shall not be cited in any official or government procedures.