Research On The New Methodology Of Eu Anti-dumping Analogue Country From The Perspective Of WTO

Since joining the WTO,China has made remarkable progress in international trade,and enterprises engaged in import and export trade have also continued to grow.However,China's foreign trade also faces some difficult issues.Among them,Article15 of the Protocol on China's Accession to the WTO(also known as the "sunset clause")stipulates that other WTO members can use special price comparison methods for imported products from China in anti-dumping investigations based on this clause.Whether it constitutes dumping and the confirmation of the extent of dumping has significant adverse effects.The "sunset clause" was supposed to expire in 2016,and in this regard,China stopped using special price comparison methods.However,the European Union not only refused to accept this explanation,but also actively modified the anti-dumping rules in the region,adding various rules with the“substantially distorted” new alternative country method as the main content.This act of amending the law,whether or not the EU intends to target China,will have a profound impact on China's export trade in the EU.For a long time to come,it is highly likely that the EU's anti-dumping investigation against China will apply the new alternative country approach.However,it is worth discussing whether the EU 'sown concept of "major distortion" and its calculation method conform to relevant WTO rules.Only by fully studying its compliance can China come up with better and more practical responses.This article is mainly divided into four parts:The first part analyzes the international legal background of the EU's new anti-dumping rules.In this section,the controversial doctrine of the "sunset clause" is first introduced,and the views of the WTO expert group on the clause in actual cases are pointed out.Secondly,it briefly introduces the case and progress of DS516 case directly related to this study,as well as China,the European Union and the United States' public opinions and opinions on this case.Then,it is concluded that the focus of the "sunset clause" and the DS516 case is whether the special price comparison method has a legal basis to continue to apply to China.Then it points out that the research focus on the new EU anti-dumping rules also lies in the compliance of its alternative country approach.The second part introduces the main contents of the new method of EU substitute countries: deleting the list of "non-market economy countries",introducing the concept and calculation method of "significant distortion",and issuing the analysis report of "significant distortion".And on this basis,analyze the main characteristics of the new method of the replacement country.For example,there is no substantial difference between the "significant distortion" standard and the "non-market economy status".The new method is essentially a continuation of the old EU method.The third part analyzes the compliance of the new EU anti-dumping rules at the WTO level.Firstly,it analyzes the conflict between the "substantially distorted" new alternative country method and WTO rules.In this part,it is mainly divided into two paragraphs,that is,the many non-compliances of the new substitute country method are discussed under the rules of the GATT and the Anti-dumping Agreement.It then discussed other aspects of the new rules,namely “major distortions” analysis reports and the selective deprecation of low-tax rules,pointing out that it is also likely to have compliance issues.The fourth part discusses the various measures that China can take against the new EU anti-dumping rules in order to safeguard its own interests based on the many compliance issues in the new EU anti-dumping rules.Although there are two possible measures: one is to resolve the Sino-European anti-dumping conflict through the WTO dispute settlement mechanism,while pointing out the difficulties that may be faced by adopting such measures;Anti-dumping disputes.However,because the second measure is difficult to achieve in a short time,the WTO dispute settlement mechanism is still the most important way to resolve this dispute.