The Study On The Non-Market Economy Status Issue Of China In Anti-dumping

After China’s WTO accession, the times and amounts of China’s enterprises suffering from the anti-dumping remain high rather than decrease, which has replaced the traditional trade barriers and become the biggest threat to China’s foreign trade. There is no doubt that the rapid growth of overseas trade will inevitably bring the increase of the anti-dumping. Moreover, China’s non-market economy status is also an important reason, which has become the core bottleneck and the biggest obstacle of our country enterprise’s development and the "going out" strategy. Yet in GATT and WTO, there offers no clear definition and specific standards on "non-market economy status",which leaves discretion space for the WTO parties when they deals with anti-dumping problems related to the non-market economy status issues. As a result, some countries revised their own anti-dumping laws and made some anti-dumping measures deliberately to against non-market economy countries, which provides a "body armor" for these countries to implement trade protectionism.China’s non-market economy status problem stems from the Bilateral Agreement on China and the United States, and what really laid a good foundation for our non-market status is article 15 of the Protocol in the Accession of the People’s Republic of China to the WTO, which means that China’s non-market economy status issue has gone to a multilateral area. The article 15 offered a commitment period of 15 years; will China get its market economy status when the date expired? It’s debatable. No matter what the final result is, one thing that we must clear is that market economy status is not the only deciding factor in anti-dumping lawsuit. In fact, the non-market economy status only worsened the plight of China in anti-dumping, it is obviously naive and unrealistic to believe that Chinese enterprises can get rid of the plight of present successive suffering from anti-dumping litigation as long as they get a market economy status.So, What will be a situation in China after the deadline expired in 2016? So, it is a worthy to have a further study on what kind of measures China should take to handle this problem.The first chapter of this thesis try to use the history analysis method in a development and dynamic perspective, to find out the "ins and outs" of the non market economy status issues in the international multilateral agreement.The analysis reveals that the essence of the non-market economy issue is the international trade develops to a certain stage, the result of the conflict of interest between different ideologies countries or nations, and is also a kind of disguised protectionist measures made by the dominated parties in order to protect their interest. Now that the purpose of the GATT or WTO is to protect the trade freely and fairly, why there is no clear definition on non-market economy status? The reason is that the fuzzy definition leaves discretion space which is more conducive to protect their interests. The second chapter uses the method of comparative analysis to analyze the differences of the rules on non-market economy status between America and European Union, which reveals that the rules are unfair and discriminatory. To some extent, the essence of these rules is a reflection of the will of America scoped and promoted in the global. In practice, the other members follow the practice of Europe and the United States. Since, if the non-market countries can reach the standard of market economy, they will gain market economy status, but the standard was too harsh for many businesses. The third chapter uses the method of analysis to explore the source of the problem of China’s non-market economy status and the China’s WTO accession protocol of article 15. The provisions of article 15 of the 15 year period have caused great controversy. By using the relevant treaty interpretation method for the analysis of interpretation, it is not difficult to draw due in 2016 after China should gain the market economy status. The fourth chapter use method of specific case analysis to analyze the case that European Communities — Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, which involves in non-market economy status issues. Through the analysis of this case, we can better understand and grasp the legal basis and the way of dealing with the European Union in dealing with the issue of the status of China’s non market economy issue, which also can provide valuable experience for the China to deal with similar problems in the future. At the same time, another important role of the case is that the WTO Appellate Body give its own interpretation on the article 15 of The Protocol on China’s Accession to the WTO,which provides the basis and the support for China that should gain the market economy status in 2016.