On The Improvement Of Anti-dumping Sunset Review System Of China

From the draft of The Foreign Trade Law of the People’s Republic of China in1982to the "anti-dumping regulations" in2002, China has established its Anti-dumping legalsystem. However, there are still many deficiencies existed because of many reasons suchas some over-abstract relevant provisions and lacking of necessary implementationdetails. It is these defects that lead to the imperfection of the antidumping sunset reviewprocedures and serious impact on China’s WTO accession commitments and setting upfavorable international image.Although antidumping sunset review system in our country owns a complete set ofprocesses throughout the participation subject and the review, anti-dumping sunsetreview system problems existed because of the problems of the legal system itself.Firstly, In terms of entities, the sunset anti-dumping review of the legal basis of law istoo low, causing an impression that not value compared with other WTO members.Besides, there are some ambiguous rules on the sunset review in "Anti-dumpingregulations". In addition to lacking of legal terms, Initiative launched by the competentauthority of the review proceedings shall lack of specific standards, the rules for thescope of the interested party are also narrow. Secondly, in terms of procedures, Becauseof lacking of separate procedural rules, the sunset anti-dumping review can only consultto the original anti-dumping investigation procedure. However, there are somesubstantial differences on Anti-dumping sunset review and original anti-dumpinginvestigation procedure no matter for the scope or the respondent of the investigation.Thus, it’s improper to consult to the original anti-dumping investigation procedure.Dumping investigation procedure does not provide enough opportunities for consumersto participate, and it is not consistent with the aim of the WTO pursued and the China’sWTO accession commitments.Perfecting our anti-dumping sunset review is not only the requirements of buildingthe modern country under the rule of law but also the requirements of maintaining fairtrade order and fulfilling our WTO commitments. In view of the existing problems, weshould try various ways to perfect the antidumping sunset review system, such as tryingto improve the legal basis of status and related implementing rules, formulate comprehensive rules for the implementation, issued by giving consumers involved in theinvestigation, establish substantial hearing system, so as to promote the improvementof the domestic anti-dumping sunset review system.