US Anti-dumping Review Of ’Zeroing’ And China’s Response

In international trade, dumping is considered an unfair trade practices, the purpose is to eliminate competition, to achieve the purpose of monopolizing the market. Thus, the anti-dumping emerged, it has been regarded as a legitimate means of combating dumping. However, during the review process of dumping, the different standard of review is different conclusions, even in the absence of the case of dumping, it can still initiate anti-dumping. Therefore, anti-dumping is becoming States to protect their own markets to support domestic enterprises umbrella.The United States frequently use zeroing in the anti-dumping exam. "Zeroing", used as a method tocalculate dumping range in United States, is controversial and has been resorted to the international court of justice many times. In dealing with such cases, the panel and the appellate body in the international court of justice rely on different legal basis and interpretations, thus draw dramatically different conclusions. Several international cases and the Uruguay round negotiations did not bring an ending to zeroing. What was worse was that the method had become one of the stumbling stone in the Uruguay round negotiations. In the face of the United States anti-dumping lawsuit, China has suffered terriblyfrom zeroing. Therefore, the thorough analysis to explore the illegality of zero plays an important role in grasping the initiative in dealing with anti-dumping lawsuit. This article will examine the meaning of dumping and anti-dumping, qualitative standard and appeal of zeroing And its illegality.This article is divided into four parts.The first part is the basic review of properties of dumping and anti-dumping, its definations, dumping range and calculation standards, etc., This part puts lots of emphasis on the re-interpretation of zeroing and its application in US.The second part compares several classical zero anti-dumping cases and analysize both parties’attitudes towards zeroing. At the same time, the explanation of zeroing in "anti-dumping agreement" from the panel and appellate body is also included.The third part mainly introduces zeroing’s perspective in the future from the aspect of the illegality of the zeroing, the nature of zeroing, and its development.The fourth part mainly discusses in the anti-dumping examination, how our country respond to the zeroing in survey country.The practice of government, enterprise is repsectively examed.