Article
Treatment of China in Anti-dumping investigation after 11 December 2016 – The EU proposal-
Specific provisions of Section 15 of the Protocol of Accession of China to the WTO expired on 11th December, 2016. The European Union has in November proposed to amend its Basic Regulations in order to introduce new methodology to determine the normal value in case of presence of significant market distortions in the exporting country. The article in this issue of International Trade Amicus discusses at length the EU new methodology based on cost adjustments which shifts the burden of proving the existence of significant market distortions in the exporting country to the complainant. It is opined that the new methodology is neutral and may also be applied in investigations against other countries having state intervention in specific sectors. The author is also of the view that the proposals, which still need to be approved by the EU Parliament and the European Council, might be found WTO-inconsistent in the light of the recent findings of the Appellate Body in EU – Biodiesel
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Ratio decidendi
- AD investigation – Surrogate country selection in case of imports from NME country – Effect of non-availability of data in respect of some inputs – US CIT
