Study Of The U.s. Antidumping Law Issues

With the deepen of economy global integration, trade liberalization and saturation of international market, the worldwide dumping and anti-dumping becomes more intense. Following the development of the Chinese economy, more and more companies entered the international market and started participating in international competition. Because of advantages stemming from China's natural resources and labor force, the market share of numerous Chinese products in the international arena became bigger and bigger. Such rapid development also caused China for the increase of anti-dumping litigations against China. Based on analyzing American anti-dumping legislation and practice and considering Chinese anti-dumping situation, this paper presents some countermeasures against American anti-dumping for Chinese government and enterprises, expecting that could promote the development of China's import and export trade.In chapter 1, the author reviewed the development history and latest legislation of American anti-dumping law in retrospect firstly. A series of analyses of the origin of American anti-dumping law (anti-monopoly law) and the tendency of trade protectionism (Byrd Amendment) were made, then the author summed up the general features of macro-convergence and micro-conflict between WTO rules and American anti-dumping law.In chapter 2, comprehensive study of the entity rules of American anti-dumping law was made, which included four aspects, i.e., determination of dumping, determination of injury, causal relationship between dumping and injury and anti-circumvention measures. China is considered to be one of the non-market economy countries and a putative normal export price is calculated by production factors in the practice of American anti-dumping. The US Department of Commerce uses the price of each production factors of the subrogate countries to calculate the putative normal price. Anti-circumvention measures is extension and expansion of anti-dumping law and its existing is rational and necessary, so itwas discussed in this chapter.In chapter 3, procedural rules of American anti-dumping law were discussed, which included four aspects, i.e., the anti-dumping authorities, administrative investigation procedure, administrative review procedure and judicial review procedure. What adopted basically is a administration procedure in the American antidumping law, therefore the unavoidable question is the administrative discretion, it is rational and at the same time it should be controlled in the essential limit. The investigation procedure can be suspended through attaining to suspension agreement. So the exporters can make the choice according to the opportunity, in order to avert the long anti-dumping investigation procedure.Based on the research and analysis about the developing trend of American anti-dumping and combined with cases against China and the practice in China, the last chapter studied the questions with important theoretical and practical significance in the American anti-dumping law so as to seek for the effective countermeasures to actively prevent and counterplea the American anti-dumping appeal, to strength the work of responding to appeal, raise the emergency ability, and avoid and reduce the loss actively.