Research On "Particular Market Situation" In Article 2.2 Of WTO Anti-dumping Agreement

After the non-market economy hypothesis expires,the term of particular market situation（namely PMS）has become a new tool to implement trade protection,especially for those developed WTO members such as the United States and the European Union.So far,neither the WTO agreement nor the WTO DSB has clearly explained or elaborated the connotation and extension of PMS.It is because of the ambiguity and uncertainty that some WTO members abuse the term of PMS.China has been the biggest victim of the clauses concerning PMS.In view of this,this paper attempts to clarify the meaning of PMS,analyze its connotation and extension and put forward some useful advice.In the first part of the paper,for purpose of understanding the original meaning of PMS,this part traces back to the Kennedy round,the Tokyo round,and the Uruguay round.This part tries to use historical interpretation and teleological interpretation to learn the legislative background and legislative purpose.In the second part of this paper,based on the domestic legislation of WTO members on PMS and a large number of anti-dumping cases which determine the existence of PMS,the author explores the connotation of PMS in Australia,the United States and the European Union.In addition,this part also analyzes the connotation of PMS from opinions of scholars.After that,the author sums up the divergence of the connotation of PMS between scholars and WTO members.Then the author puts forward her views on the connotation of PMS and her advice on the identified path of PMS.In the third part of this paper,the author analyzes the extension of PMS.She points out that PMS means "miscellaneous" market situations with the exception of "no sales" or "low sales" tin the domestic market.Meanwhile,the author summarizes some common patterns of manifestation of PMS.In the end of this part,the author analyzes whether some controversial situation is PMS.The fourth part of this paper analyzes the applicable trend of articles concerning PMS.From the angle of Australia,the United States,and the European Union,this part finds out the current clauses of PMS has been abused.And China is the first to bear the brunt.Finally,the fifth part of this paper puts forward some China’s countermeasures.This part proposes China’s countermeasures from bilateral and multilateral perspectives.In addition,this paper emphasizes that China should base on its own market economy reform.Only in this waycan we thoroughly resolve the issue of PMS.