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在反倾销立法和实践中,累积评估问题一直是关注的焦点之一。因为,对损害及其程度的界定同倾销是完全不同的,对倾销的界定是以个体为单位的,而对损害的评价和界定则是以整个产业为对象进行的。这样,对来自不同国家的进口被调查产品进行累积评估,往往会导致一些并不造成损害或损害威胁的国家由于累积评估的适用而被定性为存在损害。显然,这与反倾销措施维护公平贸易的宗旨相违背。因此,本文根据《WTO反倾销协定》,厘清累积评估的概念,辨析其在不同场合的用法。
In anti-dumping legislation and practice, the issue of cumulative assessment has been one of the focuses of concern. Because the definition of damage and its extent is completely different from the dumping, the definition of dumping is individual and the evaluation and definition of damage is for the whole industry. In this way, a cumulative assessment of imported surveyed products from different countries often results in some being characterized as having damage due to the application of a cumulative assessment that does not cause damage or compromise the threat. Obviously, this is contrary to the purpose of anti-dumping measures to safeguard fair trade. Therefore, according to the “WTO Anti-Dumping Agreement”, this article clarifies the concept of cumulative assessment and differentiates its usage on different occasions.