Study On The Legal Issues Of EU's Anti-dumping Substituting Country Price In China

Since China joined the World Trade Organization,the economy has grown stronger and stronger,and it has become more and more important in international foreign trade.However,under the drive of trade protectionism,the developed economies such as the European Union have frequently conducted anti-dumping investigations on the substitution of national price methods for China's exports in order to balance trade gains and protect domestic industries.According to statistics,from 1995 to June 2018,the EU initiated a total of 416 anti-dumping investigations and 80 countervailing investigations,of which 56 were against China,ranking first in the country;12 against China Starting,second only to India.According to Article 15 of the Protocol on China's Accession to the WTO,the standard for calculating the normal value of a product adopts the method of substituting the price of the country.After 15 years of China's accession to the WTO,the clause loses its legal effect.That is,after December 11,2016,other WTO members should not continue to apply the clause.In response to Article 15 of the China's WTO Accession Protocol,the EU amended its anti-dumping and anti-subsidy regulations in 2017,and non-EU member states are no longer classified as "market economy countries" or "non-market economy countries".For WTO members,the EU introduced the concept and standards of "serious distortions" and no longer used the previous alternative country price rules.In 2018,the anti-dumping and anti-subsidy regulations were revised again.The main content of this revision is that in the anti-dumping investigation,if there is a distortion of raw materials,the application of the low-tax rules will be abolished.In the WTO Anti-Dumping Agreement,there is no concept of "serious distortion",so the EU's new alternative country price rules are suspected of violating WTO rules and regulations.Although the low tax rules are not mandatory in the WTO Agreement,each WTO member can choose whether to apply the low tax rules in its domestic law.However,the EU's selective application of low tax rules may result in discriminatory taxation and violation of MFN status.This paper is devoted to analyzing and studying the legal origins of the substitute country price rules at the level of international law and the rules of substituting the national price rules in the original anti-dumping law of the European Union,and analyzing the discrepancies between the price rules of the substitute countries in the new EU regulations and the laws of the WTO,and The substitute country price rule violates the conclusions of the WTO.Finally,suggestions and countermeasures for Chinese law are put forward.This paper is divided into four chapters:The first chapter is the research background and significance of this paper,and collects the current research status.The second chapter collects the legal origin of the international law level of the substitute country price rules,and studies the substitute countries in the original anti-dumping regulations of the European Union.The rules of the price rules;Chapter 3 sorts out the new EU regulations,with major distortions of definitions and standards,new methods for determining normal values,the European Commission's obligation to issue severely distorted reports,transitional provisions,and selectivity.Apply the low tax rules;analyze and compare the differences between the EU anti-dumping new and old substitute countries' price rules,and analyze the WTO clauses in violation of the new amendments;the fourth chapter is the legal proposals and countermeasures proposed to China.