The Study On The Legal Matters Of The Recognition Of Normal Value Under The EU Anti-dumping Law

The(EU)2017 /2321 amendment removes the distinction between "non-market economy" and "market economy" and proposes the concept and standard of "serious distortion".It establishes the new recognition rules of the normal value,which is based on the "serious distortion" standard in a certain domestic market and applies to any WTO Member State.If there is a "serious distortion" in the market in which the investigation product is located,the investigating authority no longer applies to the domestic market price of the exporting products,and instead applies to third-country market or selling price,international price,cost or standards,and undistorted domestic price to construct normal values.The cost adjustment Methodology are frequently used in practice in the EU.Although the recent decision in the Argentine biodiesel case(DS473)has challenged the EU's cost adjustment Methodology,but the new rules still allow the EU applly to construct normal values based on production costs in another country other than the domestic country instead of using the financial records and cost records of exporters.This practice is inconsistent with the Appellate body's opinion in the Argentine biodiesel case.After the expiration of article 15 of China's WTO accession protocol,WTO members should no longer use surrogate country Methodology to calculate normal value for Chinese exports in anti-dumping investigations.But the EU amendment is in essence a continuation of the analogue country Methodology,which contradicts WTO rules,and China has initiated the procedure of WTO dispute settlement(DS516).China should be soberly aware of the negative attitude of EU anti-dumping regulations and policies towards Chinese export products,discard fantasies and expectations,and also study the new anti-dumping legislation and practice introduced by the European Union in greater depth,so as to make full preparation of anti-dumping measures of the EU for the government and enterprises.In addition to the introduction and conclusion,there are four parts:The first chapter shows a sketch of the recognition of normal value in EU anti-dumping law from two aspects.In terms of definition,this paper mainly expounds the definition of "normal value" in international and domestic law,and sums up the concept and essence of "normal value" with jurisprudence knowledge.In the aspect of calculation Methodology,this paper combs and summarizes from the traditional Methodology of calculation of normal value and the new calculation Methodology.The second chapter analyzes the new rules from the perspective of the comparison between the old rules and the new rules of the EU's recognition of normal value.First of all,from the perspective of like products,comparable prices,normal trade processes,"non-market economy" rules and burden of proof,it analyzes and evaluates the main rules of the EU's recognition of normal value.Then it analyzes the new rule of "serious distortion",the data source regulations,the transition period provisions,and the revised provisions of burden of proof.It finally compares the old rules and the new rules,and explores the reasons for changes in the EU recognition rules of normal value.The third chapter reveals the common practice of the EU in the anti-dumping investigation through the analysis of the Argentine biodiesel case.The common practice is the cost adjustment method.This method violates the WTO rules and is not supported by the Appellate Body.The EU's practice of identifying normal value in this case is similar to the normal value recognition method under the new rules.The EU's approach cannot be supported by the Appellate Body,which can also explain that the new rules violates WTO's anti-dumping rules.The fourth chapter mainly analyzes the challenges faced by our country under the new rules of normal value recognition in the EU,and puts forward the countermeasures.In terms of government,China should still argue for "market economy status",actively participate in global governance and negate the "significant distortion" rules,actively use WTO rules to safeguard its own rights and interests,rationally take trade countermeasures to pressure the EU,and improve the management of enterprises in the way of legislation.In terms of enterprise,we should strengthen our understanding of the relevant EU rules,improve our awareness and formulate market strategies,and establish accounting books that conform to international accounting standards.Finally,this paper puts forward the suggestions in the field of the EU anti-dumping investigation and the judicial relief of EU anti-dumping litigation for the Chinese exporters.