欧盟反倾销调查不同阶段关于产业损害认定的法律标准及证据规则

根据欧盟现有的反倾销立法及其实践,欧盟反倾销产业损害认定能否成立大致可以分成立案审查阶段、初裁前调查阶段、终裁前后续调查阶段和复审阶段等四个阶段.这四个阶段中,欧盟反倾销调查机构关于损害认定的法律标准的侧重点各不相同,而且在利害关系方证据材料的要求方面各具不同特点.欧盟产业损害调查各阶段法律标准和证据规则侧重点不同的做法并没有违反WTO《反倾销协定》之原则和精神,欧盟反倾销调查各阶段产业损害认定采用不同标准的做法值得我国借鉴.

Standards and Evidence Rules for Review with Regard to Injury Determination in Various Phases of Anti-dumping Investigation

In accordance with the legislation and practices,the determination of injury by the EEC during anti-dumping investigation can be divided into four phases,with the first phase being the review of the complaint and its annexes with a view of determining whether to initiate an investigation,with the second being the review of the injury evidence prior to the preliminary determination,the third being the review prior to the final determination and the fourth being the administrative review.During the above for phases,the standard for review with regard to the injury is somewhat different.Such practice as conducted by EEC in this regard is obviously different from what has been done by the Chinese anti-dumping authorities.A close study indicates that EEC's practice is not inconsistent with WTO rules.Therefore it is worthwhile for the Chinese anti-dumping authorities to learn some experience from their EU counterparts.