Study On Subrogate Country System In Anti-dumping Of U.S. Towards China

The subrogate country system is a special system to calculate the normal value towards non-market economy countries in anti-dumping laws. In practice, that U.S. uses the subrogate country system to calculate the normal value is the main reason for our enterprises losing a lawsuit. This will impact the development of Sino-U.S. economic and trade relations directly, and hinder the process of Chinese reform and opening up. According to Sino-U.S.WTO agreement, China will be still considered as the Non-Market Economy Country and still face the discriminatory treatment of subrogate country system in more than ten years. So, study on subrogate country system is very urgent, and it's of great significance for the sustained development of Sino-U.S. trade. This dissertation treats all my domestic enterprises being suffered anti-dumping investigations and lawsuits by U.S. as a starting point, studies the subrogate country system, and attempts to find out a feasible road for Chinese enterprises to obtain a more favorable position in the anti-dumping lawsuits.This dissertation divides into five chapters.Chapter one. This part generally introduces Sino-U.S. economic and trade relations and the real situations of the application of the U.S. subrogate country system, analyses the roots of the existence of the U.S. subrogate country system, and note the importance and necessity of the research on this topic. All of this will lay down background foreshadow for the further elaboration of following chapters.Chapter two. In this chapter, the reason and basis of subrogate country system, the theory of non-market economy question, is be discussed in detail. Then it introduces U.S. legislation of the determination of non-market economy countries, and detects them. At last, the unfair non-market economy article is evaluated generally.Chapter three. This content mainly introduces and explains the core issue of the thesis, U.S. subrogate country system. During the introduction of legislation of U.S. subrogate country system, the preferred method in judicial practices of U.S. nowadays, the theory of produce factors value with whose applicable exception, market-oriented industries test is indicated that it still can't get rid of the old system and it is just thedeformation of the subrogate country system.Chapter four. The fourth part makes legal analysis of the subrogate country system. From the perspective of the fundamental principles of WTO and law and the system itself, it analyses the irrational factors of the system deeply, and criticizes the unjust treatment towards non-market economic country from the system.Chapter five. To challenge the U.S. subrogate country system, the final chapter presents three legal strategies, which include that first, the enterprises involved in case use existing dispute settlement system to protect their own interests and rights;second, advisement that the subrogate enterprise system displacing the subrogate country system should be founded;third, China should pay attention to our own development and perfection of system about the approaches to anti-dumping.