Study On Injury Determination Of WTO Anti-dumping Rule

When anti-dumping investigation authorities taking anti-dumping measures, three necessary factors should be established, namely, dumping, damage, and the causal relationship between dumping and damage, which complement each other and are essential. From the real sense, injury determination is a basic problem in Anti-Dumping Law. Besides, from the perspective of procedure, injury investigation is a very important link in the whole anti-dumping investigation and provides logical progressive process basis for the following investigation of causal relationship between dumping and injury. In recent years, trade protection forces in many countries have launched a growing number of anti-dumping investigations on export enterprises in China make in-depth study of injury determination so as to radically restrict the abuse of anti-dumping measures in the name of going against unfair trade remedy measures.In the paper, the anti-dumping injury determination system is studied with the Anti-Dumping Agreement of WTO as the starting point. Through the descriptions of various dispute factors in the anti-dumping injury determination among WTO panel and the appellate, it is found out that the dispute settlement body has clearer and more assured views of the issue so as to overcome the fuzziness and generality defects of WTO Anti-Dumping Agreement on the specification of injury determination, identify the specific connotation of the rules, try to comprehensively guide anti-dumping investigations and measures launched by China, and guide China to response to foreign anti-dumping investigations on China and claim and defense in the WTO cases. By taking the specific case of anti-dumping cases that Japan and EU suited China’s stainless steel seamless steel tube in Japan as an example, through the practice application, the issues related to the anti-dumping injury determination in the case are thoroughly grasped. From the perspective of litigation strategy, considering the variety of possible defenses and action plans of the other side, the most reasonable explanation and discussions are selected, so as to make the theoretical research return to the ultimate foothold of professional paper--practice.The summary of the definition of the basic concept of injury determination is the premise and basis, including the object of injury determination-domestic industry composed by domestic producers, injury determination principle- objective review of positive evidence, and the concept of material injury. To identify the conceptual category and standard lays foundation for the concrete analysis of injury determination.The review elements of injury determination include the quantity of dumped imports, the impact of dumped imports on domestic product price and the impact of dumped imports on domestic industry. The analysis of the three review factors are based on the text regulations of WTO Anti-dumping Agreement. Besides, by combining with the history explanation of the dispute settlement body on the related issues in each case, applicable rules are obtained through longitudinal development clues. Moreover, by taking the specific anti-dumping case that Japan suited China’s stainless steel seamless steel tube in Japan as an example, the review analysis is conduced on the disputes of the corresponding questions, and the conclusions are applied in the specific case analysis.Considering the causal relationship between dumping imports and injury and the close contact with injury determination, the analysis of causal relationship from the aspects of causality standard and non-attribution requirements can provide the theory backing for the full understanding of injury determination and also make the whole research system complete.