On The Issue Of Non-market Economies In The Antidumping Law System

Among the complicated economical and political reasons why Chinese enterprises have been frequently accused of dumping in the foreign markets, the "Non-market economy(NME)" status inflicted on China is the most important one, which just reflects the complication. Consequently, the NME issue is called "the pain on Chinese export". Chinese export commodities have been suffered from discriminatory treatment, however, the discrimination can be justified by the WTO antidumping rules and the domestic antidumping rules of many members with US and EU as the representatives, even by the China WTO-entry Protocol. Many people criticized it as unjust, still many others pointed out its justice. To find a solution to the confusion, this paper cuts into the issue from a legal perspective and reveals the origin and development of the issue by historical comparison. And in order to impartially understand and assess the rules, this paper studies on and compares the rules of WTO, US and EU antidumping laws, emphasizes on clarifying the relationship between them and the indistinctness. Based on the study, the countermeasures and suggestions have been presented for China. During the discussion, the rules of WTO and the members have been treated relatively and separately. By this means, the defects in the rules have been disclosed and the distinction between the defects of both rules can be recognized. Thereby, the deduction should be reached that different countermeasure brings forth different effect and requires different cost.