Introduction介绍
China is recognized as a non-market economy all the time, thus, in anti-dumping investigation, the normal value of exporting products of China is subject to price of like product of other surrogate countries. In April, 1998, the EU Council adopted an important amendment of Anti-dumping Regulations, excluding China and Russia from the list of non-market economy. However, the EU still regarded these two countries as being in the transitional stage from planned economy to market economy. This marked a significant change of EU’s anti-dumping policy to China. In June 2003, the Chinese government put forward the request of confirming China’s status as market economy to the European Union and submitted supporting documentations. In an assessment report presented by European Union by the end of June 2004 to Chinese Ministry of Commerce, European Union pointed out that by then China had only reached one standard of the market economy and failed the other four aspects. Thus it was impossible to grant the market economy status to China.
人们通常认为，根据中国加入议定书，WTO中国的非市场经济（NME）地位将在2016年12月终止。但是，WTO成员国之间的NME仍然存在很多误区，这些灵活和模糊的因素要求中国提前计划，而不是只等待时间可能产生的积极影响，以应对其他世贸组织成员提出的针对NME状况的一些可能更复杂的情况。在这样的背景下，本文将分析中国在现行反倾销调查中的NME地位，并试图找出中国在2016年后享受市场经济待遇的困难。People usually think, according to China's Accession Protocol, China's non-market economy (NME) status in the WTO will be terminated in December 2016. However, there are still many misunderstandings about NME between WTO members, such flexible and ambiguous factors require China to plan ahead instead of only waiting for a possible positive effect given by time to response to some possible more complicated situation against NME status raised by other WTO members. Under such a context, this dissertation is going to analyze China’s NME status in current anti-dumping investigations, and trying to figure out the difficulties for China to enjoy market economy treatment after 2016.
Introduction 3
1. China in Anti-dumping Investigation 3
2. Legal framework of NME in WTO 6
2.1 International law sources of NME 6
2.2 Key concepts of NME treatment 8
2.2.1 Dumping and anti-dumping 8
2.2.2 Other key concepts relevant to NME 9
2.2.2.1 “Injury” 9
2.2.2.2 “Like product” and “domestic industry” 10
2.2.2.3 Normal value 11
3. NME treatment of different legal systems 11
3.1 NME treatment of EU to China 12
3.1.1 Overview of the EU approach 12
3.1.2 Current NME methodology of EU 13
3.2 NME treatment of USA to China 15
3.3 NME treatment of India to China 18
4. Case Study: EC-Fasteners 20
4.1 The whole story of Sino-Europe Certain Iron or Steel Fasteners Case 20
4.2 The interpretation of the Appellate Body of Section 15 of China’s Accession Protocol 23
4.3 The implications of the interpretation of the Appellate Body 24
5. China’s Market Economy Status in post-2016 26
5.1 Legal basis: Section 15(d) of China’s Accession Protocol 26
5.2 It’s hard for China to enjoy fully market economy status in post-2016 28
5.3 The prospects of China’s NME status in post-2016 30
6. Suggestions to Chinese government and enterprises of NME status 32
6.1 Suggestions to Chinese government 32
6.2 Strategies of Chinese enterprises 33
7. Conclusion 34
