Analysis of China's Anti-Dumping System

Abstract

Recognizing the fact that Korean goods have been the most frequent target of China's anti-dumping actions since the inception of China's anti-dumping rules, we analyze the institutional and legal aspects of China's anti-dumping system with a view to exploring useful guidance for trade with China. First, we examine the importance of anti-dumping rules in China's trade policies with a review of their legislative history. Then, we analyze China's AD regulations in comparison with the WTO AD Agreement selectively. The provisions at issue are those concerning the application for an anti-dumping investigation, the investigating authorities' initiation decision, the investigation procedures, injury determination, price undertakings, reviews and judiciary review. As a result, we figure out that while China introduces in general more detailed provisions than the WTO AD Agreement, neither the AD Agreement nor China's rules stipulate clearly whether certain provisions applied to the original investigation shall be applied to the procedures for interim review and sunset review. Finally, there is a gap between the AD Agreement's judiciary review provision and China's one.