Researching On The Amendment Of WTO Anti-dumping Rules Under The Guidance Of Competition

Anti-dumping Law came into being at the beginning of the20th century whichwas used by the import country to deal with predatory dumping of foreign enterprisesand protect domestic industries. After the establishment of WTO, lower tariff barrierhad been the goal which was mutually pursuing by the WTO members. Anti-dumpinghas been one of the limited non-tariff measures can be used by the WTO members.Because of the uncertainty and imperfection of the existing WTO anti-dumping rules,some WTO members began to initiate anti-dumping investigation frequently in orderto protect domestic industries and deflect the pressure of employment and economicgrowth. Then, the use of anti-dumping measure was abused.Accordingly, some scholars think it is not reasonable that WTO anti-dumpingrules punish dumping but not predatory dumping. They also believe that anti-dumpingrules are no economical. So, it is necessary to amend the WTO anti-dumping rules. Inthis context, the repeal theory, the replace theory and the improve theory wereput forward. The improve theory is more likely to be accepted now. Because of thecoincidence in adjustment scope and consistence in purpose of competition rules andanti-dumping rules, it is necessary to adjust anti-dumping rules under the guidance ofcompetition. The clauses relating to regulating competition relationship in the WTOlaw system is the foundation of amending anti-dumping rules, with the compromise ofWTO members being the impetus and reports of DSB being the direction. Thesefactors make the amendment of WTO anti-dumping rules realistically.At present, the amendment of the WTO anti-dumping rules should focus on theclauses which are most unfavorable to competition, including the judging standard ofdumping and damage,"Public interest" principle, Sunset review and procedure ofinvestigation. In the process of amending anti-dumping rules, our country shouldrespond actively in concept, practice and legislation.