On The Non-Market Economy Rules In Ametica Anti-dumping Investigation And China’s Coping

Since2008Global Financial Crisis and European Debt Crisis, due to the sharp shrink of domestic and international market demand, American economic recovery is weak, and enterprises face with the double pressures for competing in both domestic and foreign markets. To support and protect domestic industries, America utilizes anti-dumping measure intensively which makes China, becoming one of the primary international trade economy, suffers a lot. Normal value is a very important concept in anti-dumping law. It is the preliminary price that decides whether the exported products from one country dump in another country or not, in order to develop the international trade well and promote the enforcement of anti-dumping laws. It is defined as a comparable price which can decide whether dumping exists or not, this comparable price should accrue in the exporting countries in the ordinary course of trade. Meanwhile, for China, Non-economy Market (NEM) issue is other unavoidable topic. NEM issue originated from coping with fundamental trade treatment and anti-dumping which is a discriminative method against socialist country.To ensure the healthy development of international trade and regulate world anti-dumping measures, World Tread Organization (WTO) regulates the normal value and each country respectively makes its anti-dumping law according to the WTO rules. However, just for market economy situation, the anti-dumping rule of WTO does not create a standard of normal value for non-market economy situation. Hence, each country has grate discretion to choose different ways to decide the normal value.This paper consists of three main parts. The first part illustrates the Non-market Economy rules. WTO, EU and America have its own rules and requirements on Non-market economy. By contrast, we can have an insight on origination and the common and different of these rules. The main point of this paper, Non-market economy rules of America and the fair value criteria will be specified in the second part. The impact of American criterions on determining the fair value of Non-market Economy Country will be analyzed in the last part which includes the surrogate country, application of individual treatment and the criterions and practice of MOI. At the end, I will give out suggestions on what should we do from both government and enterprise aspects.In short, this paper analyses the Non-market economy standards of America and its application in the anti-dumping investigation to Chinese products, and insight the series unfair practice in the investigation, including surrogate rule, separate rate and market orientation test. Finally, via this paper, we can have sufficient understanding on the US Non-market economy standards. Furthermore, to protect the interests of Chinese industry and company through utilizing the rules of America and have ideal investigation results.