The Research On The European Union Anti-dumping Rules Of Non-Market Economy

The EU is one of the most regions that initiated anti-dumping investigations in the world .The EU anti-dumping rules of non-market economy has an important role In the anti-dumping law .The EU anti-dumping rules of non-market economy seriously affected some non-market economy countries'exports. The main contents of the article are the EU anti-dumping legislation and practice. The article aims to present our response to anti-dumping rules of non-market economy, the paper is divided into three parts.The first part is introduction of The EU anti-dumping rules of non-market economy. The EU anti-dumping rules of non-market economy is based on certain sources of law have evolved. The application object of The EU anti-dumping rules of non-market economy is Non-market economy country. In 1998 the EU Council adopted "Regulation No. No. 905/98".The traditional non-market economy country has evolved.The second part describes the EU anti-dumping rules of non-market economy and the case in practice. Non-market economy country should be based on the normal value of products(not based on the price of its domestic product) of the surrogate country to determine the price of the product. For transition economies such as China, the European Union provides for treatment of conditions of market economy rules, companies involve in these countries do not automatically apply to market economy country anti-dumping rules, and have to review its market economy status. If the production and operation of the enterprises involved meet the five criteria of market economy status, it should preclude the application of alternative state rules. In this sense, the EU did not fully recognize market economy status for countries with economies in transition.Another discriminatory provisions of European Union anti-dumping rules of non-market economy are one country one duty and individual tax rates rules. Determining the anti-dumping duties, the corporate involved are levied a unified anti-dumping tax rate in accordance with the rules of one country one duty rule. If the non-market economy of enterprises meet the harsh conditions under a separate tax rate, the export price of the enterprise product can be used and separate anti-dumping tax rate can be used. Fortunately, prosecution of the case that the EU anti-dumping taken measures to our fasteners. WTO Panel Report ruled that Article 9(5) of the Basic AD Regulation is inconsistent with Articles 6.10, 9.2.The third part is our legal measures to the EU anti-dumping rules of market economy, Non-market economy status of China is from "China's WTO Accession Protocol " Article 15,and have a negative impact to Anti-dumping lawsuits of Chinese companies. In this paper, the following legal measures to deal with the EU on China's anti-dumping investigations. When the competent authorities of EU anti-dumping investigate China's enterprises, first China's enterprises actively responde to get rusult that no or lower dumping margins. When the companies involved can not be granted market economy treatment, it is important for China's enterprises involved to choose a surrogate country to their advantage. we can seek relief through administrative review, judicial review and WTO dispute settlement mechanism if EU make unfair decision due to non-market economy status of China.