Study On Non-Market-Economy Status In The Anti-dumping Against China

Along with the world tariff level lower and non-tariff barriers reducing, antidumping is gradually turning into a tool for individual countries to protect domestic trade. The WTO statistics show that all over the world arose 2926 antidumping investigations from 1995 to June 2006, among which 500 were against China, accounting for 17.1 percent of the total. China has been the most heavily affected country by the global antidumping since 1995.China has been regarded as Non-Market Economy (hereinafter referred as to NME)country by the European Union and the United States since 70's ,which does great harm to Chinese export trade and domestic industries.So called NME countries, as a important concept in the antidumping law of the European Union and the United States, refer to those in which public ownership and planned economy are practiced ,the activities of production, sale and pricing are controlled by the State, and currency can't freely exchanged. The UN and the USA fabricate a series of standards for NME and such rules as surrogate country system and analogue country system so as to determine the normal value of products from NME countries, which leads to high antidumping duty imposed on Chinese export enterprises, leaving them in an adverse situation and to great extent, worsens the international surroundings of Chinese export enterprises, where Chinese exports are subject to international antidumping initiation and the extension of international markets are blocked. What's the worse, NME Status means refusing to face great achievements and rapid progress made in Chinese market economy construction, thus, affecting the international image of ChinaThe dissertation is focused on the issue of NME status in the international antidumping against China. In the first place, the dissertation analyzes the origin, standards of judge, legal grounds as well as essence of NME and through two typical cases, dissects NME rules of the UN and the USA such as Surrogate Country System, Production Means Method, Uniform Duty and Single Duty and Market-oriented Industry Test as well as irrationality of them. On the basis of that, the dissertation goes on with a rational analysis of the issue of NME Status of China, makes a list of weak points of the market economy system of China and faces directly the difficulty in actual evaluation of marketization degree. Finally, the dissertation puts forward a variety of constructive countermeasures for Chinese export enterprises to fight against international antidumping. Apart from preface and conclusion, the dissertation is divided into four chapters, namely, the introduction to NME Status, the analysis of NME rules of the UN and the USA through cases, the evaluation of the issue of NME Status of China and the difficulty in struggle for Market Economy Status as well as its countermeasures.