Research On "market Economy Status" In Anti-Dumping In Europe And America

Since December 11,2001 China officially became a member of the World Trade Organization,as of December 11,2016,China's accession to the WTO has 15 years,China's accession to the WTO brought huge dividends at the same time,has been continuous 21 Year became the world's most anti-dumping investigations initiated countries,no one.China's export products have long suffered "hidden rules",with China since the 20 th century,80 years since the pending "market economy status" issue is closely related.The "market economy status" issue we are discussing is a key and technical concept in the anti-dumping system,and Article 15 of the Protocol is a vital core clause in discussing China's "market economy status".The 15-year transition period specified in Article 15(d)has expired,however,after the termination of subparagraph(a)(ii),China is able to automatically obtain market economy status and whether the "alternative country" approach can continue to apply to China and other issues are not discussed.According to the Ministry of Commerce statistics,more than 80 economies have recognized China's market economy status.However,the United States,the European Union have refused to recognize China's market economy status.Although our country has always advocated that,in accordance with Article 15(a)(ii)of the Protocol,the WTO member states,in the process of conducting an anti-dumping investigation against China,allow the limited authority to be provided for by the provisions of that paragraph,Use the "not based on the domestic price or cost of strict comparison" approach to determine the normal value of the product.However,the above method is only a 15-year transition period,that is,in accordance with Article 15(d)of the Protocol,15 years after China's accession to the WTO,Article 15(a)(ii)will expire in any circumstances The United States,the European Union has refused to assume international obligations,the United States,the United States,the United States,the United States,the United States,the United States,the European Union has refused to assume international obligations.China has launched a dispute settlement mechanism for the US and the EU on the anti-dumping "alternative countries" approach to the WTO to initiate a dispute settlement mechanism under the WTO.The discussion of China's "market economy status" has always assumed that all problems are automatically solved after December 11,2016,but that is not the case.This paper has a theoretical research and practical significance to explore China's "market economy status" and "alternative countries" after China's 15-year transition period has expired.This paper is divided into four chapters:Chapter 1 analyzes the relevant provisions of Article 15 of the Protocol and other WTO access documents relating to China's "market economy status" issues,as well as the relevant provisions of the GATT / WTO rules.The second chapter mainly combs the domestic law of anti-dumping domestic law about "market economy status",as well as the United States anti-dumping "alternative country" system of the relevant provisions.The third chapter mainly combs the relevant provisions of the EU anti-dumping regulations on the "China's market economy status" and the relevant provisions of the EU "analogy" system,and points out that the principle of "market distortions" is its continuation.The fourth chapter discusses the measures that China has taken,and the suggestions for the Chinese government and Chinese enterprises to deal with the problem of "market economy status".