Review Of Non-market Economy In Anti-dumping Investigation

With China's accession to the WTO on December 11,2001, Chinese exporting enterprises have been increasingly confronted against one most threatening situation: Article 15 in the Protocol of China's accession to the WTO. This article, from economic, legal and political point of view, extends a comprehensive analysis and demonstration about the non-market economy problem of China. After discussion on economic basis of antidumping legislation, antidumping laws and regulations of WTO and its members, the methods and practice of calculation of normal value, various forms of market economy status and their application, the influence of NME, we analyze the conflicts between NME and Non-discrimination principle of WTO, illustrate the fact that the western authorities' misuse free discretion under the name of NME and eventually reveal the NME's essence of the trade discrimination and trade protection. To further our conclusion of essence of NME, we also compare the index of economic freedom between China and Russia, and compare the antidumping investigation with the other trade protective methods. In conclusion, we point out the actual difficulties and pressure to China's NME status and offer some reasonable suggestions.