The Research On United States-anti-dumping Measures On Certain Shrimp And Diamond Sawblades From China

The calculation method of dumping margin in anti-dumping investigation procedure ofUnited States is "zeroing",which the calculation methodology refers to take the negativedumping margin as zero.In recent years,this calculation method in anti-dumping practice iscontroversial.Since1998to2012, the number of cases that the World Trade Organizationmembers appeal to the WTO dispute settlement about "zeroing" is17.For many times ruledillegal by the Anti-dumping Agreement of the World Trade Organization, the United Stateshas still believed that the "zeroing" method of anti-dumping investigation is reasonableexistence.The tough attitude of the United States makes China that has been suffered deeplyby the anti-dumping "zeroing" calculation to do more in-depth research necessarily, in orderto get more better measures.The paper mainly discusses the legal issues of "zeroing" in anti-dumping practice,analysis the specific application of "zeroing" deeply, determines the "zeroing" through theanalysis of cases and legal principle,and explores the way of solving "zeroing" problemsbased on this.This paper, besides preface and epilogue, mainly divides into four parts.The first part mainly reviews the case that is United States—Anti-Dumping Measures onShrimp and Diamond Sawblades from China(DS422), including the cause of action,thebackground, and the introduction of the case.The cause of action parts introduces thedeterminations of the case named United States-Anti-Dumping Measures on Certain Shrimpand Diamond Sawblades from China. The background of the cases introduces internationaltrade status of Chinese exports of warm-water shrimp and sawblades. The merits profile isprocedural overview from consultation to success.The second part analysis the trial procedure and the results of the ruling around thedispute focus.Depends on the Panel Report,I begin substantive legal analysis mainly by thefocus of the dispute,the basic position of the key members and the conclusions andobservations of the Panel Report.The focus of the dispute,zeroing practice,is the key point of this paper.China, the United States and the third party (the EU, Japan, and Thailand) publishedtheir views. Finally,the Panel Report found from six areas that the U.S."zeroing"methodology was inconsistent with WTO rules.The third part is the analysis of the case involving legal issues.I first introduce theconcept of "zeroing" and the operation; followed analysis the three precedent cases about"zeroing"and this case,which shows that "zeroing" has been inconsistent with the WTO rules;then analysis from being challenged of "zeroing" and legal evaluation, conclude that"zeroing" is illegal; finally return to the WTO rules and looking forward to three possibledevelopment path and solution of "zeroing".The fourth part explores the impact of "zeroing" to China and the countermeasures of ourcountry. The first half briefly elaborates that the U.S. behaviors after the Panel Report affectsthe development of international trade.The latter part Firstly answers the question whetherChina takes an active anti-dumping measures on foreign,followed based on the case, exploresmeasures that our coutry can take in the international anti-dumping battle,for that thefundamental purpose is to safeguard the legitimate rights and interests of our country, tobenign interaction to promote international trade and development.