Research On Expiration Of China’s Non Market Economy Status And Article 15 Of Protocol On The Accession Of The PRC

Since China joined the WTO in 2001, foreign trade increase fast,currently China has become the world’s largest exporter and second largest importer, the world’s second largest economy. After several rounds of GATT and WTO round, tariff levels fell sharply between member countries, it as the role of the trade protection is weakened. After the financial crisis, countries to protect domestic industry, boost the local economy, increase the domestic employment need, have to resort to trade remedy measures.China has long been suffered the most anti-dumping investigations, it is true partly because China has become the biggest exporter, exports are huge, but more important part of WTO members will China as a non-market economy(NME) state, and on this basis to determine the normal value(normal value) when the country method to rule to the existence of dumping and dumping margin. The status of largely originated in China’s WTO accession protocol article 15 applied in China WTO-MINUS obliged. In fact, the Chinese government over the years has been committed to market-oriented economic reform and the socialist market economy has become China’s basic economic system, the current global more than eighty countries have recognized China as a market economy country, but the United States, the European Union and other major trading partners and the developed economies are not admit China’s market economy status. Main reason is that the China’s wto accession protocol article 15 of the anti-dumping to China the provisions of the applicable with reference to the alternative price will be terminated until the end of 2016.However, as China’s non-market economy status in 2016 deadline approaching, the west was an menacing counter-current, trend advocate China’s non-market economy status permanent. According to some western scholars and lawyers for the protocol on China’s entry into WTO, the interpretation of the article 15, think that the China’s WTO accession protocol article 15 just will be terminated with reference to the alternative prices continue to apply in the anti-dumping, but has not terminated the non-market economy status. Individual developed countries such as Canada, have even revising antidumping law, cancel the original non-market economy status to China within a time limit.Given after 2016, Whether China will be able to get market economy status within the framework of the WTO rules concerning China’s core interests. but look from a series of WTO dispute cases, including a large number of China-related dispute case, the WTO agreement and the interpretation of the rules are not always according to our will, on the contrary, it has the very big uncertainty, therefore, how to the China’s WTO accession protocol article 15 correct explanation has become a priority of the WTO law research in China.