Europe And The United States Anti-dumping Non-market Economy Is A Comparative Study

Under the situation that China is suffering from the obsession of antidumping investigation day by day,it is existing theoretical and practical signifcance to study the relevant provisions specified in the antidumping laws of the US and EU who are the important trade partners of our country.On the surface,the Non-Market Economy (hereinafter called "NME")problem in antidumping law is viewed as a problem of economics,however,there are profoundly historical and political background for its birth,which is the product of the Cold War after the Second World War. Accompanying with the development of the trade liberalization,the tariff and non-tariff barriers have been decreased accordingly,and thus the antidumping increasingly becomes a means of trade protection adopted by many countries,which becomes more and more serious.In recent years,native enterprises have been continually suffering from antidumping investigations initiated by many industralized countries,especially by the US and EU,of course,there are profound historical and political reasons therefor,however,our status of NME is one of the important reasons why native enterprises have been suffering from frequent antidumping investigation and losing the lawsuit.According to the Antidumping Report of WTO in the Latter Half of the Year of 2006,the number of cases that our exporting products suffered from antidumping investigation and final antidumping measures reach 36 pieces and 22 pieces respectively.From 1995 to 2006,the among the 30 members of WTO who have been suffered from the most antidumping investigation and the final antidumping measures,China ranked the first place and its respective numbers of cases reach 536 pieces and 375 pieces.Therefore,the problem of NME is called as "the harm of Chinese foreign trade".So,this thesis discusses and analyzes the problem deeply and hopes that can provide reference for the resolution to the problem of our NME and play certain revelatory role in the aspects of responding antidumping investigation and exploiting international market.Aparting from the preface and the tag, this thesis is divided five parts and its total character number is more than thirty six thousand.Part one: Comparing the birth and evolvement of the rule of NME in the antidumping of the US and EU. Firstly,expounding the birth and evolvement of the rule of NME in the US's antidumping; Secondly,expounding the birth and evolvement of the rule of NME in the EU's antidumping.;Finally,comparing and analyzing the difference between them from the following three aspects:the establishing means,whether there is a definite definition or not and the reason of birth.Part two: Comparing their respective confirming standards of the US and EU for the NME country. Firstly, discussing the six factors should be considered when the US defines a NME country,and analyzing the unreasonableness of the six standards;Secondly,discussing the five standards should be considered when the EU defines a NME country;Finally, comparing and analyzing the difference and sameness between them from the following two aspects:reviewal target and reviewal standard.Part three: Comparing the surrogate country system of the US and EU.This part is divided two small parts.The former part discusses and analyzes the respective selective standards of the US and EU for a surrogate country.Firstly,adopting the means of giving examples, discussing and analyzing the two factors should be considered when the US Department of Commerce selects a surrogate country;Secondly, discussing the essential principles should be observed when the EU selects a surrogate country,and analyzing briefly the unreasonableness of the ten days rule,and taking means of combining with cases,deeply discussing and analyzing the six standards should be considered when the EU selects a surrogate country.The later part,taking means of combining legislation,theory with cases,deeply discussing and analyzing the unreasonableness and unfairness of the system of surrogate country,namely,discussing and analyzing it from which is lack of basis of international legislation,predictability and comparability.Part four: Comparing the confirming methods which are used by the US and EU to determine the normal value of products exported from a NME country.Firstly, discussing and analyzing the Factors of Production Approach,Bubbles of Capitalism Approach and Market-Oriented Industry Approach which are used by the US to determine the normal value of the products exported from the NME;Secondly, discussing and analyzing the Method of Surrogate Country and Method of Single Case Review which are the methods adopted by the EU when he determines the normal value of the products exported from the NME country;Finally, comparing and analyzing the difference and sameness of the particular methods adopted by the US and EU to determine the normal value of the products exported from the NME country.Part five: Putting forth the responding strategies for the rule of NME in the US and EU'S antidumping.Firstly,putting forward and briefly analyzing the responding strategies of the enterprises,that are the indicted enterprises should respond positively and utilize the native antidumping laws;Secondly,putting forth and analyzing the responding strategies of the government,namely,carrying out practical trade policies,completing the legal systems of China and utilizing the member qualification of WTO.