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An Analysis Of China's Non-Market Economy Status Under U.S. Antidumping Law

Posted on:2012-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:W F WangFull Text:PDF
GTID:2216330338962324Subject:Law
Abstract/Summary:PDF Full Text Request
The bilateral trade relations between U.S. and China have developed more and more rapidly and deeply since China's entry into the WTO in 2001. China frequently subjected to U.S. anti-dumping, countervailing and safeguard measures in a variety of trade remedy measures. The Non Market Economy (NME) rules is the one that we can't overstep in most of trading friction cases. In the U.S. trade laws, particularly its anti-dumping laws, the NME rules always leads to discriminatory and unjust law enforcement practices. Since international trade export is and will be the main drive of our economy in a comparative long period, a proper understand of NME rules is essential and critical for us.Taking the bilateral trade between U.S. and China as a breakthrough, this thesis focuses on China's Non Market Economy Status (NMES), analyzing why this historical issue arose, how to get recognition of complete market economy status from European and American countries and how China responds. The whole essay consists of six parts. The first part introduces some basic issues about NME rules, including its background, the correlation between NME and anti-dumping and its theoretical basis. On this basis, the second part focuses on the legal basis of NME rules, including the sources of international law, U.S. domestic legislative arrangements and the special obligations of China's WTO Accession Protocol. The third part describes the U.S. domestic legislative arrangements about NME rules, such as the system of surrogate approach, unified anti-dumping tax and Separate Rate, which have direct relevance to NME rules. The fourth part concerns the Second China-US strategic economic dialogue. The United States presented to recognize China's market economy status in a cooperative manner. The fifth part analyzes the legal standards in U.S. anti-dumping law, which leads to discuss the reasonableness of NMES of China. Chapter VI is the summary. Based on the researches of NME rules'adverse impact, this part gives specific policy and strategy recommendations in political direction (macro level) and enterprise practice (micro level).
Keywords/Search Tags:anti-dumping, non-market economy, non-market economy status, tactics
PDF Full Text Request
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