EU Anti-dumping Regulations-Research On Market Distorting Rules

With the expiration of Para.15 of the China Accession Protocol in 2016.This was followed by a proposal by the European Union to amend its anti-dumping regulations,just about a year after the commission's proposal,the proposal was passed and published in November 2017.The revised law introduces a new description of economic distortions caused by state intervention,which called "market distortion",and the new anti-dumping regulation introduces a new method for calculating whether dumping occurs in imports into the EU from countries that meet the above conditions.The expiration of the "sunset clause" originally meant the end of the "analogue country method",in which China was treated discriminatory in the national trade,namely,the method of calculating the normal value of the export products of a certain country by substituting the price of the similar products of another country for the price of the products of that exporting country.However,through the analysis of the "market distortion" rule,it is found that the EU's purpose is to avoid the illegality and international condemnation under the expiration of the "sunset clause",which leads to the EU's continued use of the "analogue country method" under the WTO.This article will introduce this event and explain the relevant content of the "market distortion" rule.Chapter one is the introduction of the "market distortions".Then,the article is revolve around "significant market distortions",discussed the basic definition of the concept on the basis of legal analysis and qualitative analysis,mainly from the standards of recognition,the allocation of burden of proof and the feasibility of therelief way and convenience of the apply of "significant market distortions" in the legislation.Subsequently,the second chapter of this article will explode from the first country report published by EU Commission which is aimed to classify China as a distorted economy.The new concept of "market distortion" which inserted in the antidumping regulations also means the apply of the applicable price comparison method.Before the change of the anti-dumping regulation,European Union used to introduce a "country economic" method to calculate the “normal value” of the exporting country.The third chapter is the key chapter of this paper,which mainly analyzes the legitimacy of the EU's " significant market distortion" system under the WTO.This chapter discusses from the origin of the WTO's "non-market economy",which mainly includes the paragraph 6 of GATT1994 and the article 2.2 of the anti-dumping agreement in WTO law,concluded that the concept of "non-market economy" has no regulations basis,many countries such as the European Union,the United States and other has in fact expand the "non-market economy",including the definition,standards,and the normal value calculated method about the "exporting country" price in their respective anti-dumping related legislations,besides that,it also about the abuse of the WTO's regulation.The last chapter analyzes the possible impact of the new EU regulation on Chinese enterprises,as well as some feasible countermeasures and remedies for Chinese government and enterprises in the face of the new EU regulation.