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The Key to Break Through Non-market Economy Rules in Antidumping Proceedings

Author: XiaHouYinChu
Tutor: FuDongHui
School: East China University of Political Science
Course: International law
Keywords: Responding to Anti-Dumping Proceeding Non-Market Economy Ruless Normal Value Surrogate Country
CLC: F752.02
Type: Master's thesis
Year: 2011
Downloads: 40
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Abstract


Chapter 1 gives a brief outline on the history of Non-market Economy Rules in the anti-dumping system. This part first introduces the origin of Non-market Economy Rules, and then comes to the role of Non-market Economy Rules in WTO multilateral trading system. In the end, it refers to some specific stipulations of the Non-market Economy Rules which are particularly set out for Chinese exporting productions and makes some comments on them.Chapter 2, focuses on the introduction of legislations and practices on the Non-market Economy Rules and Surrogate Country System in EU and US. In the EU part, it first accounts for the reasons on EU’s rejection to acknowledge China’s Market Economy Status under international law. Thereafter, with reference to some important cases which reflect the practices of EU in choosing an alternative country. For the US part, it makes its work in the same way as EU’s.Chapter 3 gives some details on the abuse of Non-market Economy Rules of America. To have a good start, the author here first points out a significant misunderstanding which indicate that there is no logical connection between the application of anti-dumping measures and the determination of normal value on the basis of surrogate price. And then with an eye to the legislation and practices relating to the Surrogate Country System, the author points out the problems arising from the practice of such system. In consideration of the legal principles, goals of WTO and other multilateral agreements, he concludes the unreasonable and illegal nature of Surrogate Country System.In chapter 4, the author summarizes the usual practices of Chinese exporters in reacting to the Non-market Economy Rules and analyzes the reasons for the failure.When it comes to the last part, the author raises an assumption for the Chinese exporters to change the situation in facing with the Non-market Economy Rules. On the basis of the analysis on the current situation, the author suggests that the only way to achieve the goal is going out and establishing a manufacturing base overseas. Secondly, the author looks into the subjective and objective advantages for the domestic producers or exporters to go out. At last, it comes to the conclusion that by establishing a manufacturing base oversea, it is possible for our producers or exporters to determine the normal value on their own prices or constructed prices. Obviously, even after the acknowledgement of Market Economy Status by all of the countries, achieving a global layout of production is still the only way for us to win in anti-dumping cases.

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CLC: > Economic > Trade and Economic > States foreign trade > China's foreign trade > Principle of policy and its elaborate > Trade protection
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