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A Study on "the Likelihood of Continuation or Recurrence of Injury" in Antidumping Sunset Reveiw

Author: ChenLing
Tutor: ShiXiaoLi
School: China University of Political Science
Course: International Law
Keywords: antidumping sunset review continuation or recurrence of injury likelihood of injury
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 76
Quote: 1
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Abstract


One of the most important results in the Uruguay Round was to include the sunset review provision into the world’s antidumping multilateral legal system. Although the sunset review provision is not specific for compromise, it has a significant effect in preventing the abuse of antidumping measures. And with the expiration of more and more five-year antidumping measures in practice, member states pay much more attention to the sunset review. The core of the provision is whether expiration would be likely to lead to continuation or recurrence of dumping and injury. That proves, likelihood tests of dumping and injury are the key of sunset review.This treatise focuses on the likelihood of continuation or recurrence of injury in antidumping sunset review. After comparing the legislation and practice between the European Union (EU) and the United States (U.S.), both of which are relatively complete in sunset review field in the world, the treatise will offer some references and suggestions to improve the antidumping sunset review provision in China.In order to provide a context for understanding future post-Uruguay Round sunset decision, this treatise begins with a brief negotiation history of the provision. Due to the lack of specific regulation concerning likelihood tests of injury in sunset review, reports from WTO Dispute Settlement Body become very crucial, which could provide practitioners in antidumping duty cases with a timely and useful tool for effective participation in sunset reviews in any member state.This treatise reviews the legislative provisions establishing the likelihood tests of injury in sunset review mechanism in EU and U.S., as well as summarizes the factors considered in applying those laws to individual cases. Compared to EU’s laws concerning sunset review, which are similar to WTO Antidumping Agreement, the sunset review regulations in U.S. are much more elaborated. They contain the factors considered by authority that typically lead to affirmative determinations.The establishing of sunset review mechanism in China bases on the legislation and practice of EU and U.S., and it still needs to be improved, such as containing the factors which have effects in the likelihood tests of injury determination. Furthermore, as there are significant distinctions in industry between China and other countries, it is significant to avail ourselves of WTO-consistent trade remedies.

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