Analysis On The USA Targeted Dumping Regulation

In order to be in accordance with the Agreement on Implementation of Article VI of GATT 1994,the United States revised its Tariff Act of 1930 and promulgated relevant regulation about the "Targeted Dumping".The main idea about the regulation is that the two methodologies that the USDOC(United States Department of Commerce)"shall normally" follow in an anti-dumping investigation are the WA-WA methodology or the T-T methodology in unusual situations,but if the USDOC find the existence of the targeted dumping and provide an "explanation" as to why "such differences" in the pattern cannot be "taken into account appropriately" by the use of a WA-WA or T-T methodology,then the use of the WA-T methodology will be permitted.It's worth mentioning that the "Zeroing" is closely connected with WA-T methodology used as comparison method when targeted dumping exists.The United States had a long-standing practice of using the "Zeroing" to calculate dumping margin in the Anti-dumping investigation,which has resulted in lots of "Disputes of Zeroing ".As the United States lost each dispute before the WTO Appellate Body,the USDOC announced that it would no longer employ the zeroing practice in original investigations in 2006.Nevertheless,the end of the "Zeroing" caused the USCOD to conduct an investigation into the existence of targeted dumping in more and more anti-dumping cases.Therefore,the author hold that the "Zeroing" has a close relationship with the targeted dumping regulation.The test utilized in the investigations of targeted dumping is vital and the author hold that these tests used by the USDOC is harsh in some way.Moreover,the USDOC revised its targeted dumping methodology frequently,which eliminates predictability of that issue for all of interested parties.The author think that the abrupt withdrawal of the targeted dumping regulation in 2008 indicates that the SDOC enjoys great discretion,which is ought to be limited for fear that others' legitimate rights and interests would be impaired because of abusing the discretion.The "Sufficiency" test can impose restraints on the USDOC's discretion in the targeted dumping methodology,so that the "Sufficiency" test is reasonable.However,under the current laws of the United States,the "intent" analysis is not required in the USDOC's targeted dumping analysis.Finally,the author oppose to apply the A-T methodology to all sales at once if targeted dumping is found.The reason is that application of the A-T methodology to all sales may inflate dumping margins and distort the accuracy of results.By looking into the targeted dumping regulations and the USDOC's practice on the targeted dumping analysis and taking effective actions,Chinese enterprises are enabled to deal with the targeted dumping allegation from the United States correctly and effectively,consequently safeguard their own legitimate rights and interests during the international trade.