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Analysis Of United States–Anti-Dumping Measures On Large Residential Washers From Korea Under WTO Dispute Settlement Body

Posted on:2020-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:H LiangFull Text:PDF
GTID:2416330572994144Subject:Foreign trade laws and regulations
Abstract/Summary:PDF Full Text Request
"Zeroing" as a kind of anti-dumping rate calculation method,has long been considered in violation of the rules of the WTO and are forbidden to use,and the rules of "dumping" is "anti-dumping agreement" in calculating dumping margins method of exceptions to that rule for under the rules of "dumping" whether can use the "zeroing" deal itself did not make that clear,and it also in practice for some members continue to use the "zeroing" left behind the space.In recent years,the United States has frequently identified the existence of "target dumping" in anti-dumping investigations,with the purpose of normalizing the "target dumping" rules and expanding the scope of application of "zeroing".In this case,the appellate body of WTO confirmed for the first time the illegality of using "zeroing method" under the rule of "target dumping",which is of great significance to comprehensively prohibit the application of "zeroing method" in anti-dumping investigation.In this paper,the case of an appellate organization in the study of the Anti-dumping Agreement and the relevant cases,it's more specific to the "target dumping rule"-the intrinsic logic of the calculating method of the calculation of the trade,the "weighted average calculation of the transaction"(hereinafter "W-T method"),which is an exception to the rule of the calculation of the trade,and the argument that the "return to the zero" is in violation of the Anti-dumping Agreement,which proves the violation of the "target dumping",which is the violation of the "target dumping" rule,which is the theoretical elimination of the final application of the null method,to protect the legitimate interest of our industry in international trade.In addition to the introduction and conclusion,this paper has four parts:The first part is the WTO South Korea v.the United States washing machine case(DS464)overview,including brief introduction of the case,concept interpretation and the interpretation of the main points of the appellate body report ruling;The second part analyzes the reasons for the emergence of the dispute focus in this case,including the ambiguity of the text of the anti-dumping agreement,the ambiguity of the DSU precedent ruling and the new development of zeroing under the "target dumping" rule of the United States.The third part is the analysis of the legal theory of the dispute focus of this case,demonstrating the reasonable application scope of the W-T method and the reasons for the use of the zeroing under the W-T method to violate WTO rules.The fourth part discusses the impact of this case and its subsequent development on China and puts forward possible countermeasures.China should strengthen the research on WTO anti-dumping rules and the domestic anti-dumping investigation methods of the United States,promote the complete prohibition of the use of the "zeroing" from the rules,and protect the legitimate interests of the domestic industry.
Keywords/Search Tags:Anti-Dumping, Zeroing, Target Dumping, Margin of Dumping
PDF Full Text Request
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