Analysis Of The European Union Anti-Dumping Measures On Biodiesel From Argentina

After China's accession to the World Trade Organization,China-EU economic and trade relations have become increasingly close.But on the other hand,the EU is also the world's largest area of anti-dumping measures against China,and the number of anti-dumping measures against China ranks first in the world.EU anti-dumping against China has become an important issue affecting China-EU economic and trade relations.With the end of the 15 th anniversary of China's accession to the WTO,Article 15 of Protocol of China's accession to the World Trade Organization about Alternative State Treatment were void,and the alternative country approach which has been used in the anti-dumping investigation against China,to achieve high anti-dumping duties,has finally come to an end.But the EU's Anti-dumping Basic Regulations provide a anti-dumping calculation method,named cost adjustment method,which is the disguised form of the alternative country approach,and can be used in the market economy countries anti-dumping.This paper will give an in-depth analysis of the DS473 case European Union – Anti-Dumping measures on biodiesel from Argentina,which focus of this method,and trying to give some coping strategies in the future EU anti-dumping measures against China.This paper has five parts.The first part introduces the basic facts of the DS473 case,in detail,from three stages,including the case background,the EU anti-dumping investigation and the WTO dispute settlement process.The focus of this paper is explained from the three aspects of the cost adjustment method,the reasons why the EU rejects records of the exporter under investigation,and the external evidence and external information.The second to fourth parts discuss the three key issues involved in the EU cost adjustment,including the prerequisites for applying the cost adjustment method,the reasons for the EU's rejection of accounting records,and other ways to obtain data.The second part analyzes the applicable prerequisites for cost adjustment,respectively,from the EU's legislation and application,and WTO legislation.The third part discusses the issue of the EU's rejection of the accounting records of the exporter under investigation,from two levels of the EU and the WTO.Part IV addresses the other ways of obtaining data from the two aspects of the representative marketsand the unfairness of EU practices.The fifth part expounds the enlightenment of the case in the following two aspects,including the development of WTO anti-dumping rules and China 's response to EU anti-dumping strategy,for instance,raising the level of Chinese companies' own accounting records establishing international norms through WTO rules,and promoting consultation and cooperation between countries,etc.The purpose of this paper is to try to help China in the future to prepare for the anti-dumping dilemma caused by Western Europe and America or other countries ahead of time.