Challenge The Usa And France On Raw Materials, Fair Price Policy

The dissertation firstly introduces the origin and the development of the United States of America's declining to use market economic purchase price of inputs policy" (hereinafter referred to as "DTUMEPPI Policy") towards China and its harm arising from it to China. The DTUMEPPI Policy originated in the 80th of 20 Century and developed in the 90th of 20 Century. It results in high dumping margin of Chinese products under investigation and makes the Chinese enterprises pay the anti-dumping tax even when they didn't dump the products under investigation. The policy endangers the rightful interests of Chinese enterprise. Secondly, the dissertation hereby challenges to the DTUMEPPI Policy which violates the related WTO provisions from five aspects: (1) The DTUMEPPI Policy is inconsistent with the Article X:3(a) of GATT1994. The DTUMEPPI Policy is an administrative measure and is non-uniform, unreasonable and partial. Furthermore, the United States of America can not exempt from the DTUMEPPI Policy's non-uniformity, unreasonableness and partiality through the using of Non Market Economic proposition. (2) According to the principle of Most Favored Nation Treatment, it proves that the DTUMEPPI Policy violates the principle of Most Favored Nation Treatment. WTO cases set forth the conditions judging whether the policy violates the principle of Most Favored Nation Treatment or not. The DTUMEPPI Policy satisfies these conditions. The United States of America also can not exempt from it by Non Market Economic proposition. (3) On the basis of the theory of ordinary course of trade, the DTUMEPPI Policy violates Article 2.2, Article 2.2.1.1, Article 2.2.2 of the Anti-dumping Agreement. The United States of America can not exempt from it through the using of Non Market Economic proposition either. (4) The DTUMEPPI Policy violates Article 7 of Annex II of Anti-dumping Agreement. (5) In accordance with pass-through analysis theory, the DTUMEPPI Policy violates Article VI:3 of GATT1994 and Article 10, Article 8.1 of SCM. The United States of America cannot exempt from it through the using of Non Market Economic proposition. It finally makes the conclusion that the DTUMEPPI Policy is discriminatory and violates the related provisions of WTO agreements. Thirdly, the dissertation treats of the tactic to remove the harm of the DTUMEPPI Policy. On the one hand, it can't remove the harm of the DTUMEPPI Policy through the procedure law of the United States of America. The only way to remove the harm of the DTUMEPPI Policy is to use Dispute Settlement Body of WTO. On the other hand, it challenges the DTUMEPPI Policy "as such" and the DTUMEPPI Policy "as applied" and also arranges the order of these claims. Thus, the writer here advises the Chinese government to challenge the DTUMEPPI Policy through Dispute Settlement Body of WTO so as to protect the rightful interests of Chinese enterprises.