Studies On Several Legal Issues Of Injury Determination In Countervailing Duty Investigation

Only when the authorities in Countervailing investigation establish the existence of injury and the necessary causal link between the importation of the subsidized products and the injury suffered by the domestic industry in line with the statutory criteria,can they levy countervailing duties on the subsidized products.Otherwise,they are not allowed to take countervailing measures even if the subsidy margin is large.The determination of injury plays a vital role in anti-subsidy investigation.The determination of injury is a key link in countervailing investigation,and it facilitates the limitation of abuse of countervailing measures,which would promote the sound development of international trade.This thesis begins with the concept of injury of international economics and economic theories of subsidies,then elaborates some legal issues of injury assessment in detail,and applies the methods of economics theoretical analyses,quantitative analyses,statute analyses, comparative analyses and cases analyses to analyze the provisions and practices of the Agreement on Subsidies and Countervailing Measures, US and EU.Finally,the thesis puts up suggestion based on the preamble. In cognizance of the Chinese current state of suffering countervailing investigation frequently,after comparative analysis of the deficiency of determination of injury of China's anti-subsidy law,the writer brings forward some suggestion about improvement of China's relative provisions by the methods of legal theory and analogism,which is based on learning from more matured relative provisions and practices of WTO members.Furthermore,as the weaknesses of the provisions of determination of injury of WTO and the members,our country should first to work on relative legislative studies to perfect relative rules of China,and by which to promote the optimization of international relative rules.This thesis altogether divides into six chapters.Chapter 1 "Relative Economic Theories and Provisions on Injury",the chapter shows up "injury and provisions of injury of anti-subsidy" in a macrostructure silhouette;Chapter 2 "The Determination of the Object of Injury in Countervailing Investigation",the chapter clears the premise of determination of injury by expatiating on provisions of determination of "like products" and "domestic industry";Chapter 3,Chapter 4 and Chapter 5 respectively elaborates and analyzes the provisions and practices on examination of types of injuries,causal link between the subsidies and the injuries and determination of injury margin in accordance with the Agreement on Subsidies and Countervailing Measures,US and EU;Chapter 6 "Improvement of China's Provisions of Injury Determination",the chapter is based on the foregoing five chapters,and proposes how to improve the China's provisions of injury determination.