Study Of China's Non Market Economy Status In The US And EU's Anti-dumping Laws

China's WTO accession Protocol contained a provision that allowed countries to use non market methodologies in antidumping investigations against Chinese products,this provision has expired in December 2016.However,well past this date,the US and the EU among other WTO members refuse to treat China as a market economy in their anti-dumping investigations,thus extending their discriminatory methodologies against Chinese products and violating their international commitments.China has brought the case in front of the WTO Dispute Settlement Body which is currently pending decision,meanwhile,the EU and the US have been busy amending their tariff laws in ways to allow using out of country costs data(a method that is widely similar to the NME methodology)in calculating a product normal value,and that is without any assumption on the economy nature of the exporting country.The new law amendments of the US and the EU invoke the “Particular Market Situation” provision as cited in article 2.2 of the ADA,which they base their claims on in order to justify their new methodology.This paper starts off by reviewing the definition of NME on each of the US and the EU legislations,as well as within the WTO law framework,conveniently displaying the discrepancies that exist between the WTO and the US/EU legislations on this matter and the Chinese economy doesn't fit the WTO's model definition of NME,it then moves on to a more important matter which is article 15 of the “China Accession Protocol”,which contains the main provision of NME treatment assumption and is the subject of controversial interpretations,it demonstrates that its expiry means an end to the applicability of the NME methodology on China.This paper then analyzes the recent law amendments of the US and the EU invoking Particular Market Situation,by reviewing the definition and the applicability of the PMS provision under WTO law as well as under the new amendments of the US and EU laws,lastly,it puts these legal amendments and their consequent antidumping practices against Chinese products under the scrutiny of WTO law,and shows the dangerous effects it may have on the health of the multinational trading legal system.