澳大利亚反倾销法律与实践 － 论“公平比较”原则 （Fair Comparison – Australian Antidumping Law and Practice）

Abstract

At the same time as the WTO endeavors to discourage various forms of trade barriers, it allows member countries to impose discriminatory antidumping duties. Therefore, antidumping has gradually become one of the most prevalent trade policies used by domestic governments to afford protection to domestic industries. The introduction of the requirement of fair comparison in the WTO Antidumping Agreement has been observed as one of the major accomplishments of the Uruguay Round Negotiations because it imposes obligations on domestic antidumping investigating authorities in evaluating dumping margins. As one of the first countries to adopt Antidumping laws, Australia is also one of the most frequent users of antidumping measures. This paper explores Australian Antidumping laws and practice in regard to fair comparison. It submits that despite the fact that Australia has incorporated the requirement of fair comparison in its domestic antidumping legislation, fair comparison is hardly to be achieved in Australia for the reason that the investigating authorities and the Minister are empowered with too much discretion in deciding export price and normal value.