Wto Anti-dumping Rules And The Chinese Anti-dumping Laws

Following the expansion of international trade and the development of economic globalizing, most nations and regions have been more and more concerned with effected measures to protect home producers, to protect an important or influential domestic industries, to protect domestic infant industries. Because WTO attempts to break down the trade barriers, antidumping turn into a kind of permissible financial measure instead of tariffs, quota, import license and other non-tariff barriers. Most countries today have their own legislation dealing with the practice of dumping. In 1967, an International Antidumping Code was signed by all nations and regions participating in the Kennedy Round of the GATT.China has became one member of WTO since 2001. After joining in WTO, import quota, license and other non-tariff barriers will be broke down step by step and the tariffs will be reduced. Our domestic industries especially infant industries will face more and more keen competition. In order to occupy China's market, some foreign goods must be dumped in at lower prices. Accordingly, the antidumping law should be improved to deal with the practice of dumping in time.In the light of WTO Anti-Dumping Regulations, this article mainly researches the disadvantages of the current anti-dumping legal system of China, furthermore raises the author's advisement on how to improve theanti-dumping law of China. As a full member of the WTO, it's important for us to well understand the WTO Anti-Dumping Agreement so as to protect Chinese firms' legal interests in anti-dumping disputes under the WTO.This article consist of four chapters:Part one is the summarization of the dumping. At first, based on the explanation of the concept of the dumping, summarized the types of the dumping and it's principal characteristic. The dumping in economic refers to selling goods abroad at a discriminated price than is charged for them in the home market, or at a price lower than the goods' marginal cost. As a measure of the international trade, dumping can be divided into many types such as sporadic dumping, predatory and persistent dumping. Dumping in legislation is different to which in economic. The most authoritative concept of dumping in legislation is which in Article VI of GATT of 1967.Secondly, I argued the advantages and disadvantages of dumping and the principal subjects of many countries obsessing about using antidumping. Thirdly, I summarized the concept and characteristic of the antidumping law.The second part of the paper mainly discussed the international antidumping rules under the WTO from two aspects: one is the historical origins and development course of the antidumping rules under the WTO, the other is the principal content of them.On the basis of this, in the third part, I investigated the current situation of the antidumping legislation of China. Comparing with the anti-dumping rules and regulations under the WTO, the antidumping legislation of China is in low legal level, the rule of entity and procedure is not too perfect. So it is difficult to give full scope to the judicial practice of antidumping.Based on the antidumping regulations under the WTO and the Antidumping Law of America and EEC, in the forth part of the paper, I raises the advice to improve the antidumping legislation of China.