Analogue Country In The Eu Anti-dumping Rules Research

Along with the economic development of several countries such as China, and Vietnam, the EU has set up a system of so called Special Market Economy rules in antidumping practice against products imported from those countries. In applying such rules, EU may treat products from those nations as those from market economy countries. However, it is the responsibility of the individual producer to apply for market economy treatment and to show that he operates under market economy conditions, which is extremely strict. In most of the cases, producers under antidumping investigation just fail to prove their market status, thus facing the application of analogue country rules, which may cause high antidumping taxes that the enterprises can not afford. In the past several decades, Chinese enterprises have been the largest victim of these rules; therefore, it is necessary for us to get a deep understanding of EU analogue rules, in order to make a better reaction.There has been some papers focus on criticizing EU analogue rules. It will also be one part of this paper, but not the main one. Instead, this paper focuses on what China and Chinese enterprises can do to minimize losses under the current legal system through analyzing the application of analogue country rules of EU. There are mainly five parts: firstly, the historical and legal sources of EU analogue country rules; secondly, the specific rules and analysis; thirdly, the current application of these rules against China, and the negative factors in those rules; fourthly, China's potential solutions; and the last part, summary and conclusion.