A few days ago, the European Union have agreed on a new anti-dumping calculation regulations revision plans, the new anti-dumping margin calculation method follow the principle of "neutral" country, apply to the eu imports of country of origin is "seriously distorted market" situation. The new rules are expected to be enacted by the end of this year. The personage inside course of study points out, the move is "country" in disguised form the continuation of anti-dumping practice, China should firmly resist, and stick to resort to WTO dispute settlement mechanism, forced to correct mistake in the European Union.

oumeng

(photo source: Internet)

A few days ago, the European commission, the European parliament and the European council representatives in Strasbourg, France is the new eu regulations revision plans to reach consensus, anti-dumping calculation method in the anti-dumping investigations in the future of the world trade organization (WTO) members no longer use "country" method, and introduces the concept of "market distortions" and standards, and informal agreement.

Experts note that the eu's move to perpetuate the antidumping "alternative country" approach is to "wear new shoes to the old path" and do not comply with WTO rules. China should actively resort to the WTO dispute settlement mechanism, make full use of the prevailing prevailing experience, and promote the eu to respect WTO rules, while China should pay more attention to the diversified development of foreign trade.

Replace "replacement country" with "market distortion"

According to the protocol on China's accession to the world trade organization stipulated in article 15, the WTO member shall be terminated on December 11, 2016 in the anti-dumping investigation of China's export products used in the practice of "country" data.

So far, the majority of WTO members have announced in the anti-dumping investigations give up China adopts the "country", but in Europe and the United States as a representative of some WTO members use all kinds of "tricks" to fulfill the obligations, the obligations such as deliberately confused with admitted that "China's market economy status", or by playing concept disguised the continuation of discriminatory and unfair practices. Introducing the concept of "market distortion" is the eu's surface performance of WTO obligations, but in fact continue to promote trade protection.

Last November, the European commission launched legislation procedure, submitted to the European parliament and council revised the anti-dumping regulations of proposal, put forward in trade remedy investigation, no longer use "non-market economy" and "market economy" such a classification list, but to "neutral" country, focused on investigating the domestic prices or costs in "market distortions".

On May 3rd, eu member states agree on anti-dumping legislation, agreed to in the future the anti-dumping investigation on WTO members no longer use "country", but at the same time to enable the concept of "market distortions" and standards. According to the agreement on the same day, in anti-dumping cases, the eu will determine whether the surveyed countries or industries surveyed existing "market distortions", affirmed the "distortion", on the basis of reference "international market prices or have the same level of economic development of the third goods price and cost as a standard to calculate dumping margins.

Now, the eu has reached a consensus on new anti-dumping measures. The European commission issued a communique on October 3rd, according to new anti-dumping rate calculation method follow the principle of "neutral" country, apply to the eu imports of country of origin is "seriously distorted market" situation, for example the government on economic impact are widespread, state-owned enterprises dominated in the market, the financial sector is not independent, and so on. The new rules are expected to be enacted by the end of this year.

Senior partner, jin city law firm lawyers Fu Donghui in an interview with international business newspaper reporter noted that the move is in disguised form the continuation of the "country", is in the "wear new shoes beaten track". Because at the same time, the WTO has not stipulated the so-called "market distortions" can refer to the third goods on price and cost for replacement, China should firmly resist this behavior, and stick to resort to WTO dispute settlement mechanism, and constraints, the European Union, forcing it to correct the mistake.

Change passively into initiative

Europe's bicycle manufacturers association, according to the latest news to the European commission to lodge a complaint, accused the government of cheap imports from China bicycle to accept unfair subsidies, low-priced dumping in the eu member states. The commission will decide at the end of October whether to investigate the complaint. This could be the first anti-dumping investigation against Chinese products under the "market distortion" rule.

Fu Donghui proposal, China in response to the future of the eu anti-dumping investigations, resist the strategies and techniques should be paid attention to, make full use of already have won, such as a triumph of fasteners in results, to get the eu to respect the WTO rules.

However, Mr. Fu also pointed out that, from the current situation, developed countries will not give up the antidumping side of China easily, and China should make long-term plans. "Even if the eu loses the WTO dispute settlement mechanism by introducing the concept and standards of 'market distortion', other new measures could be introduced." He believes that China should actively expand its trade along the One Belt And One Road and seek diversified development of foreign trade while actively negotiating with the eu.