The Analysis Of "Non-market Economy Status" Issue On Anti-dumping Against China

During the recent 20 years, China has frequently suffered discrimination anti-dumping, these anti-dumpings are by the name of anti-dumping, actually, it is the trade protectionism. Recently, China has been in the ten-top trading countries, but the attendant affair is that some developed Western countries, including many developing countries , frequently carry out anti-dumping investigation of chinese export products. After China has been a member of the WTO, the enterprise directly faces the international market, the anti-dumping situation has become even worse.The "non-market economy countries" issue in the anti-dumping has plagued chinese government and export enterprises, in this paper the author firstly analyzes the situation of foreign countries'anti-dumping against China and the reasons that China sufferes anti-dumping; secondly, in the international anti-dumping laws, in particular in the European and the US anti-dumping laws about the definition of the "non-market economy" issue , points out the implementation problem of the European and the U.S domestic legislation: arbitrary standards are identified and the system of "one country one tax"; thirdly analyzes chinese "non-market economy" issue; finally discusses China how to obtain market economy status. The main contents and writing framework as follows:PartⅠthe author analyzes the situation and the trend of foreign countries'anti-dumping against China and the reansons of anti-dumping investigation against China. The anti-dumping challenge of our export products has become worse, the "non-market economy" issue in the anti-dumping has become the bottleneck and the major obstacle of chese enterprises'respondent.Part II the author firstly introduces the origin of the "non-market economy" issue and the definition of the "non-market economy" issue in the GAAT/WTO anti-dumping legislation, the European anti-dumping legislation, the US anti-dumping legislation. And the authour further analyses the implementation problem of the European and the US domestic legislation: arbitrary standards are identified and the system of "one country one tax" . Thus, the method of export products'normal value about the "non-market economy countries" does not have any economic rationality, it is an unfair, arbitrary operation. In the eyes of Western developed countries, the "non-market economy countries" has been jokingly called "sitting ducks". The relevant provisions of the "non-market economy countries" use the differences between economic system, implement trade discrimination as an excuse. They neglect and ignore the differences between countries, the different comparative advantages participating in the international trade process, and seriously infringement the legitimate trade of the "non-market economy countries".PartⅢthe author firstly introduces the influence on chinese "non-market economy status" and further discusses whether China has become a member of the market economy countries and the progress of chinese "market economy status". Thus the authour concludes that chinese "market economy status" issue is a political issue rather than a technical issue. Behind it, countries'interests plays a decisive role in trade, not whether chinese market economy situation meets the European and the US standards.Part IV from the government and the enterprise two aspects, the author discusses that China how to achieve "market economy status". The government takes specific measures are:1.By the bilateral negotiations the government strengthens the government representations. On the basis of the principle that from easy to difficulty, one by one to break through, the government gradually settles the "market economy status" issue; 2.Making full use of the WTO mechanism, in the new round of the WTO multilateral negotiations, from the interests of the state, we should actively promot the fundamental reform of existing rules, delete the relevant provisions of "non-market economy", or clearly define the standards and the scope of the related articles, prevent relating developing member countries from abusing the non-market economy terms in anti-dumping against China.We should strive to cancel the discrimination of so-called "non-market economy countries" and form a complete set of scientific ,fair and reasonable, commonly used ,non-discriminatory market economy standards;3.In the international market, we should strongly advocate the fact of chinese economic transition, let the international market objectively realize the chinese market economy development. Through official Interact, civil society organizations and academic exchanges and so on, let other countries know our remarkable achievements in the market economic system and let us early take off "non-market economy" hat;4.We should unswervingly accelerate domestic market economy system, fundamentally achieve the transition from the planned economy to the market economy;5.The government should timely and effectively take part in the application of enterprise's market economy status ;6.The government should actively research and prepare for countervailing issue.The enterprise adopts specific measures are:1.The enterprise should actively carry out the various anti-dumping prevention measures;2.If the enterprise once suffers anti-dumping allegations, it should actively respond and defend.We must clearly understand, the market economy status in the anti-dumping litigation is not the sole determining factor. We should implement the economic and trade balance strategy; accelerate the achievement of structural upgrading of chinese export products and market diversification layout; enhance self-dealing with trade friction ability. Only to do this, we can protect our own interests in the today's complex economic environment.