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Comparative Study on Sunset Review of Anti-dumping System and Its Enlightenment for Our Country

Author: SunQuanQing
Tutor: NieZiLu
School: Hunan University
Course: International Law
Keywords: WTO Anti-dumping Sunset review system Public Interest
CLC: D922.295
Type: Master's thesis
Year: 2009
Downloads: 199
Quote: 2
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Abstract


Anti-dumping sunset review system is to refer to the anti-dumping measures to perform within a reasonable time prior to expiry of five years, by the anti-dumping competent authorities take the initiative to initiate or by stakeholders proposed application and initiated by the competent authorities review procedures, in order to achieve determine to terminate anti-dumping measures whether it might lead to the purpose of continuation or recurrence of dumping and injury, if the conclusion is not possible to continue to lead to dumping and injury or recurrence of the termination of the measures should be in the running for five years, otherwise, ruling to maintain the original anti-dumping measures taken to the time, the general is still five years. Global trade war intensified anti-dumping sunset review system as to judge whether or not to terminate the anti-dumping measures in the implementation of the five-year period a review system in high regard by all ages. The first to make the provisions of the sunset review system from the EU, so far, a 25-year history. Article 11 of the 1994 WTO anti-dumping agreement specified the terms of the sunset review, the Member States have the provisions of the WTO in its domestic transformation applies to open the new course of the anti-dumping sunset review system. The United States and the European Union, with its wealth of experience in legislation, the provisions of the anti-dumping sunset review system is relatively sound and features; and the two economies today filed anti-dumping lawsuit, operational practice. Elaborated both in the sunset review of the competent authority, the applicable law, the sunset review of the scope of the start of the reexamination proceedings, the competent authorities of the reexamination proceedings as well as the review of judicial review of the system in the United States and Europe the sunset review of the system development process of introduction The similarities and differences, and with case-depth analysis of the substance of its provisions, and compare their advantages and disadvantages, pointed learn from. The short history of China's anti-dumping provisions, not to mention the sunset review system, the 2004 \Face the sunset review of the importing country and in the practice of Chinese enterprises often responding to weak to withstand the pain of anti-dumping, resulting in long-term, is not conducive to the development of China's foreign trade. The sunset review investigation carried out by the Ministry of Commerce in China is still in its infancy, with newsprint case reveals the shortcomings of China's sunset review system requires. Combined with the European and American comparative study, improve our anti-dumping sunset review system's recommendations target: to enhance the sunset review system for the legislative level to strengthen our anti-dumping legislation work as well as the Ministry of Commerce to develop the introduction of related unified anti-dumping sunset review of the implementation of rules ; and raised the level of practical countermeasures: actively respond to foreign sunset review measures to respond flexibly to strengthen the leading role of the industry association, to pay attention to the power of professionals and professional organizations, standardize the order of the domestic market, Chinese enterprises in order to create a comprehensive legal system and provide practical countermeasures can learn.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Foreign-related economic management Act
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