Study On The Issue Of "Non-market Economy" In Anti-dumping And The Countermeasures

Chinese market economy system has come into being after more than twenty years' construction. But, for the reason of acceding WTO early, the article 15 of Protocol on the Accession of the People's Republic of China prescribed that China is a non-market economy country in the investigation of anti-dumping in 15 years. Therefore they regard China as a non-market economy country in the cases of anti-dumping and apply "surrogate country" as the criterion for determination normal value in adjudicating anti-dumping cases, which brings forth much difficulty to Chinese enterprises' reply to accusations. For this reason it is of positive and practical significance to study the importance of non-market economy in the case of anti-dumping and the countermeasures of our country. The author took a synthetical comparison and analytic discussion approach to write this paper. A comprehensive comparison of the detail content of the anti-dumping law in WTO Agreement and the anti-dumping law of EU and America was made, then the author drew useful enlightenment from the comparison and illustration. This dissertation consists of four chapters. Chapter One is about dumping and the issue of non-market economy. It summarizes the connotation of dumping in WTO code and the anti-dumping law of EU, U.S. and China, analyzes the rationality of dumping and theoretical grounds of anti-dumping from economic perspective and legal perspective respectively, introduces the origin of the issue of non-market economy and the provisions about non-market economy in the article 15 of Protocol on the Accession of the People's Republic of China. Chapter Two exposits the provisions about non-market economy of EU, focus on the effect of the regulation of the restricted market economy and analyzing the utilizing of five criterions of the market economy of EU and countermeasures for China enterprise. Chapter Three exposits the provisions about non-market economy of U.S.,focus on the anti-dumping practice of U.S., analyzes three choice to reply to accusations of U.S., i.e. Market Economy Status, Market Orient Industry And Separate Rate. Chapter Four advises us three legal countermeasures against anti-dumping initiated by EU and U.S. The first is utilizing the judicial review of domestic courts after been taken final action. The second is utilizing WTO's Dispute Settlement Mechanism to settle Anti-dumping disputes. The third is suing the complainant for discrimination, principle of good faith and unfair competition etc in domestic courts.