Article
Market economy status to China – Debate continues -
Since 2001 when China joined the WTO, it has been treated as a non-market economy country. Because of the non-market economy treatment, in most anti-dumping investigations, China’s domestic cost and selling price are not considered by the investigating authorities. According to China such practice of treating it as a non-market economy has to come to an end by December 2016. It may be noted that according to the China’s Accession Protocol, after 11 December 2016, the importing WTO Members are not allowed to use a methodology that is not based on a strict comparison with domestic prices or costs in China. However, there seems to be no clear answer as to the methodology to be used if a particular industry or sector is not able to establish that market economy conditions prevail in that industry/sector. According to the author, producers in chemical, ceramic and textile industries who have been slapped with high anti-dumping duties, should start preparations so as to be able to establish that they are operating under market economy principles.
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Ratio decidendi
Re-opening of anti-dumping investigation – European Court of Justice has held that even in the absence of provisions expressly providing for reopening an investigation after an anti-dumping regulation has been declared invalid by the Court, regulation enacted after re-opening the investigation was not invalid.
