CHAPTER ONE Introduction 1.1 The reason for writing this dissertation I am writing this dissertation for three reasons. The first reason is to introduce-the-evolution of Community interest provision in EU anti-dumping law, so that the readers will know about its historical development and the developing tendency of Community interest provision in EU anti-dumping law. Dumping is the sale of a product for export at less than its normal value in the market where it is produced. It is a form of price differentiation between markets and not a prohibited practice under international trade agreements. When dumping and its injury was paid attention, "public interest" was not yet in the public's sight. From 1980's some authorities started to establish "public interest" provision in their anti-dumping law. After Uruguay Round, "public interest" provision appeared in Article 6 of WTO Anti-dumping Agreement. In the countries, remedial action (anti-dumping measure) may be taken, when dumping causes material injury to the domestic industry, threat of material injury to the domestic industry or material retardation of the establishment of such an industry. European Community started to adopt and make use of anti-dumping legislation to protect the Community industry away from the damage of dumping, At the beginning, "public interest" was not a necessary element of anti-dumping investigation. Gradually, "public interest" caught the public's eye. The authorities started to realize that not only domestic industry would be benefited from anti-dumping measure but also many other interests would be affected. EU started to modify "Community interest" provision through the practice. Council Regulation No.459/68, No.3017/79, No.522/94 and No.3283/94 are the legal basis of the dissertation, as they formed the background and main elements of the current EU anti-dumping legislation, Council Regulation No. 384/96. An analysis of these regulations will illuminate the evolution of the Community interest test. Secondly, the dissertation is intended to introduce the provision of Community interest in EU anti-dumping law and its application, so that the readers understand the advantages and disadvantages of the Community interest test. Imposing anti-dumping measure will cause positive and negative effects. When the anti-dumping measures are imposed, the Community industry would be protected, but the interests of the consumers, downstream users and other interested parties may be damaged. For example the consumers have to face the price increase; the downstream users will pay more for the cost of their product; the trade relationship between the export country and import country may deteriorate. Article 21 of European anti-dumping law states that, "a determination as to whether the Community interest calls for intervention shall be based on an appreciation of all the various interests taken as a whole, including the interests of the Community industry and users and consumers". In fact EU was not the only one who put the "public interest" provision into legislation, both of Canada and Japan put the "public interest" provision into legislation, but this provision appeared in European Community legislation first, and it was considered as a highly sophisticated one. However, in EU the Community interest provision is not detailed enough, and it is not applied sufficiently. The interest of "Community industry" is still the most important part of Community interest. The Commission doesn't evaluate the interests of other concerned parties sufficiently in anti-dumping investigation. This dissertation analyses the Community interest test in detail. Thirdly, the dissertation considers how to improve Community interest test in anti-dumping cases. At present Community interest is not evaluated thoroughly. On the one hand, the authority doesn't pay enough attention to protect the interests of concerned parties except Community industry. On the other hand, objective conditions of Community interest test are not reformed enough. How is the subjective and objective environment of Community interest test improved? The dissertation makes three suggestions to improve Community interest test. First a non-exhaustive list of factors of Community interest should be given. Then the procedures for balancing the 'Community interest' should be specified. Finally it is necessary to create the associations to represent the importers, users and suppliers. The dissertation elaborates the suggestions in more detail. The dissertation thus considers the evolution, the application and the possible improvement of the Community interest test in EC anti-dumping law.