Dumping and state economy : is China's anti-dumping retaliation justified under the WTO framework?

Abstract

Article 56 of China’s Anti-dumping Regulation provides that China may adopt corresponding measures whenever another country discriminatorily imposes anti-dumping measures against imports originating in the People’s Republic of China. This retaliatory language, which dates back to Article 40 of China’s Old Regulations, makes China special since there is no other country’s anti-dumping regulation making such an explicit retaliatory message. AlthoughChinahas not invokedArticle 56 inany of itsanti-dumping investigations,retaliationhas been put inpractice.An example isthe Fasteners Case. By doing an analysis at the light of the WTO Agreements, this thesis concludes that Article 56 is inconsistent with article 23.1 of the Dispute Settlement Understanding, article 18.1 of the Anti-dumping Agreement and Articles I:1 and X:3 lit. (a) of the GATT 1994