文档介绍:To Be an Aggressive but Patient Learner
—Analysis of China’s Participation in
Defending Anti-Dumping Challenges Within the WTO
Framework
LU Yi∗
ABSTRACT
The year of 2013 is the twelfth year of China’s membership to the World
anization (WTO). In Chinese zodiac, a twelve-year period constitutes
a cycle of life. During the past twelve years, China’s journey into international
trade has proven arduous as it faced numerous trade remedy challenges.
Standing at the switching point leading to a new cycle of life, China should look
back while reconsidering its trade policy for the next cycle. What lessons has
China drawn from previous experiences? What kind of strategy should China
adopt in the future to defend its interest in the dynamic global trade? With these
questions in mind, this note aims at reviewing China’s performance since its
accession to WTO and offering advices on how to make full use of WTO legal
rules to promote its legal and economic interests within the WTO framework in
the future. Anti-dumping (AD) challenges, which give rise to frequent trade
frictions to China, will be the starting point.
According to WTO reports, China has been the Top 1 victim of AD inves-
tigations/measures since 1995 and the total investigation/measure against Chi-
na kept increasing annually from 1995 to In order to change this tough
trading situation, it is necessary to look into determinative factors in AD pro-
ceedings under General Agreement on Tariffs and Trade 1994 (GATT 1994)
and Agreement on Implementation of Article VI of the GATT 1994. These factors
are dumping, injury and causation, together with official interpretations and
precedential application of these factors. Based on these legal implications,
∗ Ms. LU Yi, Assistant Director of Center for Research on Transnational Law, Pe-
king University School of Transnational Law; . & . 2012, Peking University
School of Transnational Law. The author owes a debt of gratitude to Professo