Critically Assess The Rule Of Best Information Available In The Anti-dumping Agreement Of WTO

This paper mainly studies on the"Best Information Available"rules (hereinafter referred to as"BIA rules") stipulated in Article 6.8 of WTO "Anti-dumping Agreement" (hereinafter referred to as"the Agreement") and a series of application rules provided in Annex 2 of the Agreement.By analyzing the legislation and the practice of the BIA rules in US, EU and Canada, this paper aims at finding out the countermeasures in cases where investigation authorities refuse to accept the information provided by Chinese enterprises and thus turn to information available when Chinese enterprises are engaged in Anti-dumping investigations.This paper consists of five chapters.The first chapter explains the concept of BIA rules. Through the introduction of background information like basic rules of evidence and disclosure of confidential information in WTO anti-dumping investigation, the function and importance of BIA rules are discussed, and the development of them in GATT and WTO is also introduced.The second chapter analyzes the situations where BIA rules are applicable based on Article 6.8 of the Agreement. By listing the obligations of anti-dumping authorities when applying BIA rules, it is fully reflected that the main purpose of these rules are to clarify the jurisdiction of authorities and to prevent abuse of power in anti-dumping investigation. Furthermore, the chapter also includes some terms and their definition in Annex II of the Agreement.The third chapter introduces the legislation and the practice of the BIA rules in US, EU and Canada. By comparison with relevant stipulation in the Agreement, it is shown the adoption of these rules is dramatically different in different areas.In Doha round negotiation, FANs proposed seven suggestions on reform of the BIA rules. The forth chapter of this paper will review them respectively and introduce negotiation group's opinions regarding each proposal. It is concluded that the best reform approach is to make and enact the"Best Practice"Guideline as soon as possible.The fifth chapter introduces the legislation and the practice of BIA rules in China. The paper suggests that Chinese enterprises should cooperate actively and provide necessary information promptly when facing with anti-dumping investigation, in order to avoid the adoption of BIA rules. It is also reminded that Chinese enterprises should gain mastery of these rules in advance and make full use of government consultation and the function of Dispute Settlement Body ("DSB") to protect their own benefits.