Studies On European Union Anti-Dumping Rules Of "Significant Distortions"

The basic anti-dumping law of the European Union(EU)is Regulation(EU)2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union.The EU initiated amendments to anti-dumping law in 2016,the anti-dumping rules and countervailing rules are put together in the proposal of EU Commission.This article only discusses the content of anti-dumping rules.The emphasis of the amendments is to propose the significant distortions rules to replace the anti-dumping rules of the non-market economy status.The background for making such amendments is the transition period for China' s accession to the World Trade Organization ended.Considered to be a non-market economy country,the transition period set a special method for calculating the normal value of China's export products,namely the analogue country methodology,the analogue country methodology is a calculation method for replacing the price of the exporting country with the price of the like products in another market economy country when calculating the normal value of the exports of the non-market economy country.The EU is obviously unwilling to abandon the huge benefits brought by this method in an attempt to continue to use the analogue country method by significant distortions rules,The Chinese government lodges a lawsuit against the EU's to the World Trade Organization(DS516).This article sorts out the process and contents of the EU's amendment and conducts a comprehensive analysis of the DS516 case.This article first gives an overview of the EU's significant distortions rules.It mainly introduces the background,the process of legislation,and the main contents.It sorts out the legislative process,the main contents include the definition of significant distortions and standards,country or industry reporting systems,the application of rules to rule out lesser duty rules,new methods of calculating normal values and transitional provisions,Finally,the article compares the significant distortions rules with the non-market economic status rules.Following the main contents,the analysis of the significant distortions rules is the key part of this article.It conducts a comprehensive analysis from both theoretical and practical perspectives.Theoretically,it corresponds to the contents described in the first chapter.In practice,the European Union-Anti-Dumping Measures on Biodiesel from Argentina case(DS473)is used.Through analysis,it is concluded that the EU's practice has no legal basis.The EU's significant distortions rules are closely related to our country,mainly reflected in two aspects—the EU's significant distortions report of China and the case of DS516.The article introduces the main content of the significant distortions report,followed by an in-depth analysis of it,pointing out that it causes discriminatory treatment against our country,is one trade protection measure and its evaluation criteria are not scientific,furthermore,this article proposes how to effectively respond to the EU's new rules.For the case of DS516,the article introduces the progress of the case,the main disputes of the parties and the opinions of the third parties,etc.,then proceeds with detailed explanations from the perspectives of the Chinese government's requests and the European Union' s defenses,finally,the EU's defenses are analyzed.