Rhee Jin-woo. "A Study on The Possibility of Granting Market Economy Status to China after 2016 - Focused on the Interpretation of China`s Protocol of Accession Section 15." KHU Global Business Law Review 9, 2 (2016): 11-43.
-Abstact-
As a traditional and also major trade remedy, the Anti-dumping measures are still controversial even these days. One of regarding issues which has been discussed recently is whether China will remain its “Non-Market Economy” (NME) status after 2016. China`s Protocol of Accession section 15 provides the evidence to treat china as NME in paragraph (a) and subparagraph (ii). However the problem was occurred by the comprehension of the second of paragraph (d) called the expiration provision which states NME status to china will expire 15years after China`s WTO accession. To understand this issue, this paper provides the background of the NME methodology by station its statutory basis and related cases, especially with U.S. and EU.
For the next, three different opinions about China`s NME status after 2016 will be introduced; First, China will treat as Market Economy (ME) automatically, second, china will be sustained its NME status finally, the burden of proof will be shifts. Because of the necessity to terminate the NME status after 2016 which was caused by China`s deficits, this paper based on the first opinion that China will obtain the ME status after 2016 which can be resonable, not only correspondence with WTO principles, but also the right interpretation of China`s Protocol of Accession and possibility of application of other methodologies. The conclusion of the discussion, Steel industry of Korea should prepare of the price competition with Chinese companies. It is because China origin products can maintain its low price despite of anti-dumping measures under the ME status. This paper will mention some methods such as cooperating with investigation authorities to calculate a constructed value, trade diversion effect, and coping with EU`s EcoDesign Regulation.
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