The European Union, The United States Anti-dumping Non-market Economy Issues Study

As an important concept: in antidumping law of the European Union and United state, Non-Market Economy Status is a fundamental factor to cause the initiation of antidumping investigation and to decide the dumping margin and antidumping duty. The systems of surrogate country, standards of non-market economy country and unified antidumping duty make non-market economy countries easily to be considered dumping. So the European union and united state often initiate antidumping investigation to protect their domestic industry.As a developing country, china also meets this challenge. Non-market economy problem has been one of fundamental cause for Chinese enterprises suffering from frequent antidumping and unfair treatment in international market. So it is the very time to solve the Non-market economy problem of China. This article is divided into four parts.Part â… :PrefaceThis part introduces influences of Non-market economy problem on China, including factual and continuing influences. Through the statistics of the world trade organization, china has been one of the most often suffered from antidumping countries all over the world. The conclusion is that it is very necessary to solve Chinese Non-market economy problem.Part â…¡: The rules of Non-market economy problems in the European union and united state.The content of this part includes three aspects: the standard of Non-market economy country, the ways to decide normal value of products from Non-market country and unified antidumping duty. Also there is exception in Non-market status, such as market-oriented industry and market status of enterprise.Part â…¢: Analysis on Non-market economy problem in antidumping law of the European union and united state.The analysis is made from respects of legality, rationality and impartiality. There is no related rule of Non-market economy in the General Agreement on Tariffs and Trade and laws in World Trade Organization framework. At the same time, it is doubtful in rationality and impartiality. The European union and unitedstate consider china a Non-market economy country based on many factors, such as politic and economic reasons.Part IV: Strategies for Non-market economy country problem of China.Combing the related regulations of the European union and united state on Non-market economy problem, and with the commitments of china in her Protocol of Access to WTO and the actual development level of Chinese market economy, the strategies against the abuses of antidumping by other countries should be adopted. Firstly, Non-market economy status should be annulled through negotiations between Chinese government and other governments under the WTO framework. Secondly, the related regulations of china should be developed further. It is also imjKHtant for china to solve our Non-market economy problem through DSU; thirdly when an enterprise of a certain industry in china suffers from the initiation of antidumping investigation, the legislation of different guilds should be enhanced to demonstrate its market-oriented status under the stipulations of Protocol of Acass to WTO. At the same time, it is a proper way to solve Non-market economy problem of china through price undertaking and suspension agreement.