Treatment Of Non-Market Economy Countries Under The European Union's Anti-Dumping Instrument And China's Tactics Against It

With Sino-EU trade rapidly increasing, the anti-dumping investigations launchedby EU have influenced the export of China further more violently than before. Thenon-market economy (NME) country regime of the EU anti-dumping system plays akey role on the actions against China launched by EU. Here, this thesis, firstly,discusses the history of EU NME country regime and its rules in force, i.e."surrogate" rules and "the duty for the supplying country concerned" rules. Secondly,several articles of the WTO rules are analyzed which are regarded as the foundationof NME country regime by such members as EU, the USA and etc. And then wediscover that it is questionable whether the EU NME country regime is consistentwith the WTO rules or not. It's also concluded that the relevant rules of the WTO aredefective in themselves. Thirdly, the application of EU NME country regime to Chinais discussed in three respects, i.e. conditional market economy status treatment,individual treatment and traditional NME status treatment. This part discusses thepromise on the special treatment of Chinese exporters in anti-dumping measures andits relationship with the application of EU NME country regime as well. At last,basing on the above discussions, solutions of the problem are put forwards, which arethe amendment and lawful interpretation of the relevant WTO rules, the resort to theWTO's dispute settlement procedures and enterprise's tactics.