Research On The Problem Of Chinese "Non Market Economy Status" In The Anti-dumping Law Of EU

"Non market economy status"problem has always been one of the difficult issues to the Chinese export enterprises when facing the Anti-dumping investigation of the European Union against the Chinese. In the recent years, the number of this kind of Anti-dumping cases is rising, and the scope of the productions involved in the case becomes more and more extended. The EU and China will not reach a much closer trade relationship if the"Non market economy status"problem can not be settled.Firstly, the definition of the"Non market economy status"and the related rules of EU about China will be introduced in this paper. Because of the definition in the WTO rule is blurry, the EU directly put China into the list of non market economy country. Although the EU listed China into the"Revised country"in 1998, it did not mean that the EU recognized China as a market economy country. And there was no substantially improvement during the later negotiations between these two parties.The results of the"Non market economy status"problem include the rule of analogue country, which is used to fix the normal value of goods, and the rule of country-wide dumping margin in the field of calculating the anti-dumping duty. Both of these two rules make Chinese export enterprises face the dilemma.The export enterprises should make the suitable demurral to the rule of analogue country and request for the adjustments on the normal value, and try to use different duty rates to calculate the anti-dumping duty. The Chinese export enterprises should make advantage of the community interest principle to prevent the authorities of EU from making the decision of collecting the duty, or collecting the duty in a high rate.In the final analysis, this is important for China to be recognized as the market economy country by the EU. The involved enterprises could strive for the exception of the analogue country rule, which is the separate market economy treatment. On the other hand, Chinese government should strive for the market economy treatment by the unit of industry under the system of WTO. There are still some deficiencies during the reform process, which have to be improved under the efforts of the government, or the"Non market economy status"problem can not be settled.