倾销进口产品对国内产业损害的确定——WTO《反倾销协定》第3.4条研究

Determination of Injury to the Domestic Industry Caused by Dumped Imports——A Study on Article 3.4 of WTO "Antidumping Agreement"

WTO《反倾销协定》第3.4条是判断倾销进口产品是否对国内产业造成损害的重要条款,该条款的规定不太明晰,诸多地方需要澄清,其具体含义在很多WTO案件中都引起了较大的争议。中国已经加入WTO,相关规定已相对完善,调查机关一定要注意与WTO的相关裁决保持一致。

Article 3.4 of WTO ＂Antidumping Agreement＂ is an important provision to determine whether dumped imports cause injury to the domestic industry. However, this provision is lack of clearness and there are many places that need to be clarified. Its specific meaning has caused a lot of controversy in many WTO cases. Since China entered into WTO, the investigating authority should keep in line with the correlative WTO findings.