Study Of Analogue Country In The Eu Anti-dumping Regime

The issue discussed in this paper is the analogue country system of anti-dumping law in European Union ("EU" below). Analogue Country System is a special system of anti-dumping law used by EU to calculate the normal value of the products from so-called non-market economic country. According to the , China would be viewed as a non-market economic country in anti-dumping proceedings during the period of 15 years since entered into WTO by other member states, including EU. Although China is the most important trade partner of EU in Asia, the trade conflict between EU and China is frequent. EU raise anti-dumping against China's export companies continually due to the recognition of China's non-market economic status. China really suffered the most in the anti-dumping cases from the EU both in numbers and the anti-dumping tax. China and her export companies need to know more to respond efficiently, therefore, the study on the analogue country system is necessary and significant.The paper studies from the angle of view of law, economy, and sociology systematically, combining the theory with cases. This paper is divided into five chapters.Chapter one is an overview of Analogue Country System, It looks intensively at the history of this system and its basis of economic theories, then points out that the nature of this system is trade protection.Chapter two focus on the important prerequisite of the system, which is non-market economic status. This paper put it into question, and emphasize that the rules of non-market economic status lack of international law basis and rationality. Next, a detailed introduction to the non-market economy status standards of EU anti-dumping law and comparisons with other countries .i.e. U.S.A. has been given.Chapter three pays ink to the legal and rationality of Analogue Country System of anti-dumping in EU. It is in line with existing international law and domestic law. But obviously it lacks of rationality, such as in violation of WTO principles of transparency, unpredictable, unfair and full of arbitrary and discriminatory.Chapter four analyses the positive and negative impact of this System towards EU and other non-market economic countries. Although this system can protect the producers and industries in EU in a certain degree, it also led to trade disputes and trade conflict .Meanwhile, this system brings very bad impact into the non-market economy country.Chapter five goes to the depth and details of the system during the anti-dumping investigation proceedings. Using some classical cases and new ones to show how EU applies this system into practices.