On The Anti - Dumping In The Market Economy Status And Coping Strategies

The issue of Market Economy Status (MES) was originated in the proposal of GATT contracting member at the GATT conference in the fifties of twentieth century and later WTO regulations absorbed the proposal as an amendment. After that, US and EU countries adopted so-called "Market Economy Criteria" and relevant "Surrogate Country" and "Analogue country" method to calculate the value of export products from "Non-market Economy Countries". At the time of entering into the WTO, China agreed to allow WTO members to treat it as non-market economy country in the coming fifteen years.The Non-Market Economy Status (NMES) Article, together with its relevant methods, infringed the fair competition and non-discrimination basic rules of WTO, distorted the nature of WTO anti-dumping regulations and reflected its trade protectionism and political discrimination nature. Because of the NMES issue, Chinese exporting companies have to face very difficult situation and a high rate of failure in anti-dumping cases, which has worsened the international environment and placed a very big block for Chinese companies to explore foreign markets. What's more, the NMES means the denying of China's whole market economy development and bad influence of China's international image. In order to solve the NMES issue and face international anti-dumping cases, we can adopt the "Cooperation of Four Aspects" mechanism that involves the combination of central government, local commercial authority, industrial intermediate organizations and companies involved. In governmental aspects, the diplomatic discussions, improvement of law and regulations as well as macro policies can be adopted; industrial organizations such as chambers of commerce and associations can play an active role in industrial self-regulation, competition supervision and service. Chamber of Commerce can provide alarming notice, information and legal service for companies in anti-dumping cases. As the party concerned, exporting companies should change business idea and competition methods, grasp latest information, get well prepared and take active part in the responding of anti-dumping cases so that better results can be reached. As a big economic transforming country, China is becoming an important figure in international society. The MES reflected both a country's economic liberalizing degree and governmental interference. The study on China's MES issue has not only important economic but also political meaning.