Study On The Subrogate Country System In International Anti-dumping Practice

The subrogate country system is regarded as a special way to calculate the normal value towards non-market economy countries in anti-dumping Laws.Therefore,to determine whether a product constitutes the dumping and what size of dumping margin is depends largely on the choice of a surrogate country.Anti-dumping investigations towards China's export initiated by foreign countries easily cause dumping,the important reason for which is the uncertainty and irrational choice of the subrogate country.In recent years,with the rapid development of China's foreign trade,the trade volume is greatly increasing.At the same time,the trade protectionism against China leads to much more anti-dumping towards China.It results in irreparable losses to the economic development of China's foreign trade.The European Union and the Unites States are the major export markets of China's foreign trade and the subrogate country system towards China is most frequently used by them.In order to effectively deal with anti-dumping investigation of Europe and the United States against China and find the appropriate measure,it is necessary to know the details of the subrogate country system of European Union and the United States.In the thesis,there is a detailed introduction to the subrogate country system of the United States and the European Union,and the legal research and systematic analysis is designed about it.There are many loopholes,it is not only a kind of prejudice and hostility to non-market economy country,but also at varying degrees,contrary to the basic spirit of free trade.The thesis starts with the theoretical foundation of the subrogate country system.A comparative analysis based on the legislation and the application of the subrogate country system of the European Union and the United States is made to question the ration of non-market economic theory.A comprehensive assessment about the subrogate country is also conducted,such as theory,legislation and operation of the law,subjective randomness, uncertainty,and unreason.At last it comes up with the sources of law of China's being adopted by the subrogate country system as well as the impact of it on China,and at the same time appropriate measures are proposed.The thesis is divided into four parts: Partâ… is about its foundation of international law and other relevant theoretical foundation,and its legal analysis of the basic theory.From the view of the application of the subrogate country system,it mainly talks about conditions,the object and prerequisite of it and how to determine the normal value of the products exported from non-market economy country.Finally,a comprehensive analysis is done about China's market economy factors.Partâ…¡refers to the empirical analysis of the subrogate country system in Europe and the United States.This part focuses on how to define a non-market economy country,and how the specific legal operation of the subrogate country system runs.Some examples are used to support it.Partâ…¢:The legal analysis of the subrogate country system.First of all,law should possess characteristics of legal certainty and predictability,but the subrogate country system operates with a selection of great randomness.This part firstly focuses on the level of uncertainty in the subrogate country,then its unfair and unreasonable features are legally analyzed.Partâ…£:The strategy for our country to deal with the subrogate country system.The study on the subrogate country system is to eventually come up with appropriate measures,so this part is from the macro-and micro-level to represent strategies one by one.