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On the Casual Link in Anti-dumping Measures

Author: LiLiXian
Tutor: HuangJianQiu
School: Suzhou University
Course: International law
Keywords: anti-dumping the casual link criteria for identification methods for identification
CLC: D996.1
Type: Master's thesis
Year: 2009
Downloads: 87
Quote: 2
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Abstract


The causal relationship between dumping and damage is one of the core elements of composing dumping. According to the rules of Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and Anti-dumping Laws of all countries, when the importing countries take Anti-dumping measures to importing products, they must prove that the dumping of importing products did cause injury to domestic related industries. In other words, the importing countries not only should prove the existence of dumping of imported products and the existence of damage to domestic industries, but also prove that there is a causal relationship between them. However, Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 did not identify that which standard should be applied to judge causal relationship. 1967 GATT Anti-dumping Code once adopted the“principle cause”standard, while the United States and other countries insisted on“contributory cause”standard. The former is conducive to the protection of the trade fair, but in reality it is difficult to be implemented by all countries; the latter is not in line with the principles and spirits of WTO. Therefore, a more appropriate standard——"substantial cause "should be established.To understand the causal link between dumping and damage correctly, a deeper understanding of "non-attribution" problem is necessary. The article focuses on the related issues of the "non-attribution".This article includes four parts that mainly combine the conclusions of WTO Dispute Settlement Body and the relevant domestic legislations and practices. It analyzes the historical development and trends of the causal relationship standard, and explores the ways to establish the most effective process to judge causal relationship, it also analyzes the problems existed in domestic legislation and practice of China, and puts forward some constructive proposals.

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