The Legal Economic Analysis On The United States' Anti-Dumping Toward China

Dumping and anti-dumping issues in international trade has always been sensitive areas in international trade which prone to rise controversy. In the current global economic integration and trade liberalization show a irreversible tide, accompanied by the increasing saturation of the international market, as well as the harm which the acts of abuse of free trade cause to national economies, international dumping and anti-dumping dispute over contradictions increasingly fierce. In the anti-dumping wave towards china, the United States played a "head" role. Anti-dumping issues has become one of the most controversial issues in the economic and trade relations between china and the USA, the political significance has may exceeded its economic significance. Currently, the United States is not only an country who carry through investigation into the antidumping case than any other country, but also the country who has the most comprehensive national anti-dumping legislation. Compare with the Western countries, particularly the United States, China's anti-dumping legislation has lagged behind, and the strengthening of research on the US anti-dumping law has the major theoretical and practical significance. Whether for an effective response to more anti-dumping investigations the United States against Chinese products, or for the study of US anti-dumping legislation.This article use the method of the legal economic analysis, combining the method of case analysis, empirical and theory, comparative research, the combination of quantitative analysis and qualitative analysis.on the basis of studying in literature and foreign cases, make investigation in export enterprises, the anti-dumping authorities and export association, closely connecting with the WTO anti-dumping rules and the US legal system, comprehensive analyze the US legal system, to find a legal response to antidumping charges from the USA. Meanwhile, the choices of information emphasize its novelty and practicality, and strive to achieve the theoretical and practical articles organic unity.The full text is divided into eight chapters; the principal elements are as follows:Chapterâ… introduction, this part introduces this background and the significance of this text, anti-dumping and research literature national and international, the lack of previous research, this research methodology, framework and the main point of this article and innovations.Chapterâ…¡research of US anti-dumping basic theory. This is to lay the foundations of following analysis of the United States anti-dumping legal system. The contend includes dumping and anti-dumping law of economics analysis, the historical evolution of the US anti-dumping legislation and the judgment, the US anti-dumping acts sources, the United States anti-dumping and other US trade relief law and the US anti-dumping law enforcement agencies.Chapterâ…¢exposit the US anti-dumping acts from both substantive rules and rules of procedure comprehensively but this chapter does not contain a United States non-market economy anti-dumping rules. US anti-dumping law is a continuum of the substantive law and the procedural law. The substantive law includes dumping entity identification, determination of injury, dumping and injury, anti-dumping measures, anti-circumvention measures, which are the core part of the United States anti-dumping law. Author found many documents on some concepts such as the fair value, domestic industries, damage which are very basic but important has different explanations, some vague or even inaccurate. After conducting extensive research, the author made his views. US anti-dumping primarily is presided by the Commerce Department and International Trade Commission. According to the law, there exists strict time limit to every procedure. Only within the prescribed time-limit for legal proceedings or activities were identified by the authorities or is invalid. the article analyses the US anti-dumping law in recent years consulted the latest information,: October 2000, "Byrd amendment," and April 5, 2005 "new provisions of separate tax rates and assembled rates for anti-dumping investigation of non of non-market economy countries" Issued by the US Department of Commerce. At last,made an analysis on the characteristic of anti-dumping acts of the United States The characteristic includes that it has great influence on the development of international anti-dumping acts, it has become the most important means of trade protection policy, it has a great injustice and arbitrariness, the abuse of anti-dumping measures led to its anti-dumping measure increasingly distort and it deteriorate the international market environment, as well as fundamentally undermines its own interests. However, it has strict regulation for operation process, and demonstrated its tradition that focus on justice procedures. US anti-dumping acts in the name is expected to be justice. But its practical implementation measures are opposite to it. Chapterâ…£is devoted to the rules of the non-market economy rules in the US anti-dumping acts, which is the largest discriminatory rules as well as our countermeasures. This chapter explains the origin of "non-market economy", the definition and judge standard of "non-market economy country" in the United States anti-dumping acts, analysis of the American alternative country selection criteria and doubt on alternative country systems according to international law. The article is divided into three levels to explain alternative country systems used by the USA in defining the exports' normal value from "non-market economy country". The article's opinion on anti-dumping "non-market economy rules" clearly pointed out the lack of fairness and rationality in the system of alternative country, and is the discrimination to those so-called non-market economy countries trade. The author believes that in the attitude of China's non-market economy status we should not deify market economy country status. Obtainment of market economy status can not settled all Chinese exports problems once time. in the quest for market economy status, not anxious for the market economy nor to statehood, with greater economic costs for each other's compensation.Chapterâ…¤uses case analysis to systematically elaborate the critical rules' operation in judicial practice which decides cases. Involved case is "the bedroom furniture anti-dumping case" Through case study to analyze the practice of the US anti-dumping acts in the judicial operation is more favorable to our understanding the anti-dumping acts of the USA.Chapterâ…¥,â…¦,â…§are the part of responses.Chapterâ…¥: In the analysis of the status and the causes of US anti-dumping, this thesis learn about the prevention of the United States' anti-dumping measures toward China. On the basis of studying of the United States' anti-dumping legislation and the elaboration and analysis in parts above, this chapter describes the US antidumping features, seizes the key issues and explores various approaches available. The article maintains that the government should adopt positive diplomatic methods, takes anti-dumping issues as important topics of bilateral negotiations, and promotes the deep understanding and cooperation between China and United States and other countries, to eliminate their misunderstanding and known the current situation of China and to change anti-dumping policy towards China. At the same time, our government departments should be recommend to take reasonable and restrained 'retaliatory measures against such discrimination' discriminatory against foreign anti-dumping investigations.Chapterâ…¦: On comparing the differences between Chinese and US anti-dumping acts to identify the shortcomings of our anti-dumping acts, and put forward a proposal in our anti-dumping legislation, to return like for like.Chapterâ…§: Typical cases analysis. Making case analysis on this case which Chinese freezing and the canned warm water shrimp suffered the most unfair treating in the aspects of economics and law. The analysis includes the microcosmic reason and the economic damage of some reference people like the USA importer, manufacturer in furniture business, customer as well as Chinese exporter, manufacturer and exporters in other countries. Elaborating the critical rules' operation in judicial practice which decides cases, and bring forth the measures we should take. Through case study to analyze the practice of the US anti-dumping acts in the judicial operation. It is more favorable to our understanding of the anti-dumping acts of the USA and to be helpful in international agricultural product trade. The aim of this chapter is to test the theoretical analysis in practical case, to search the particularity of the agricultural product dumping and anti-dumping and to achieve the effect of serving for our country's agricultural product export trade.