Accession into the WTO15Why did the controversy over China’s w88 slot status arise again

(Source: Caixin2016Year12month12日）

Tu XinquanThe professor said that "w88 slot status" is a domestic legal concept. The United States and Japan have clearly stipulated it in their domestic anti-dumping regulations, identifying what standards a w88 slot needs to meet, and then using this as a condition to decide whether to implement the "surrogate country" approach in anti-dumping investigations. In other words, "w88 slot status" and "substitute country" practices are related.

According to the "surrogate country" approach, if the initiating country of the anti-dumping case determines that the exporting country is a non-w88 slot country, it will quote the cost and other data of a w88 slot country (i.e., a surrogate country) that is roughly equivalent to the exporting country's economic development level to calculate the so-called normal value and determine the dumping margin accordingly, and then impose corresponding taxation measures.

According to Article of the Protocol1513700_13780

“WTONeither the agreement nor the anti-dumping agreement clearly stipulates what is a w88 slot or a non-w88 slot. It only stipulates that there are some special circumstances where the "surrogate country" approach can be used, but it does not say what kind of countries can use the "surrogate country" approach. These are all reflected in domestic laws. Tu Xinquan said.

Protocol No.15Article 14678_14704|Article does not directly define China as a non-w88 slot country, nor does it provide for accession to the WTO15After this year, China should be recognized as a w88 slot country. Tu Xinquan introduced that before China entered the market, the United States and others regarded China as a non-w88 slot country, and applied the "surrogate country" approach in anti-dumping investigations. This approach was inherited in the WTO accession negotiations, and the deadline is15years, after the expiration of the period, the "surrogate country" approach can no longer be applied in any case. "As for whether the domestic laws of the United States, Japan, etc. recognize that China is a w88 slot country, whether they have abolished the practice of identifying a non-w88 slot country, etc., noWTOConcerns. ”

Shen Danyang, spokesperson of the Ministry of Commerce of China, once made it clear that the issue of "w88 slot status" and Article 1 of the "Protocol on China's Accession to the WTO"15Article 15435_15502| Article 1543515obligations and abandon the ‘surrogate country’ approach. ”

Whether the United States, Japan, etc. recognize China’s w88 slot status, will it have any real impact? Tu Xinquan believes that w88 slot status is an expected benefit. According to the provisions of the Protocol,12month11Japan should cancel the "surrogate country" approach and can no longer use the "surrogate country" approach in the anti-dumping process. "Although it does not mean that additional w88 protection measures have been imposed on China, what China has lost is the expected benefits, and there will definitely be adverse effects. In other words, the past anti-dumping pattern may continue."

Tu Xinquan explained that the number of anti-dumping investigations has a certain relationship with the market economy status, but it mainly reflects the economic situation. The worse the economic situation, the more anti-dumping. "In my judgment, there will be more and more anti-dumping. On the one hand, the world economic situation is not optimistic, and on the other hand, w88 protectionism is resurgent."

In Tu Xinquan’s view, whether to recognize China as a w88 slot country is largely due to political considerations. For example, "Japan in the past2117198_17300

How might China respond? Shen Danyang recently stated that for12month11For the few members that insist on continuing to use the "surrogate country" approach in anti-dumping investigations against China in the future, China will take necessary measures in accordance with WTO rules to resolutely defend its legitimate rights and interests.

Tu Xinquan’s analysis, taking necessary measures now mainly involves resorting to violenceWTODispute settlement mechanism.WTOHas happened since its establishment500In many w88 disputes, different countries may have different understandings of how the rules are applied, which can easily lead to disagreements. It is a common practice to resort to the dispute settlement mechanism.

Tu Xinquan said that he submitted the dispute toWTO, In fact, “A lawsuit can be initiated today because the United States, Japan and others have not modified their domestic laws in accordance with the provisions of the Protocol, either to cancel China’s non-w88 slot status or to cancel the ‘surrogate country’ practice.”WTOThe dispute settlement mechanism body is mainly composed of "expert groups". Generally, consultations are conducted first. If the consultation fails, the complaining party can request the appointment of an expert group. The expert group is responsible for issuing a report and submitting it to the parties to the dispute. Any party that is dissatisfied with the expert panel's ruling can file an appeal, which will be decided by the permanent appeals body3members form a collegial panel. After the ruling is made, the losing party shall implement it immediately.

"According to the rules, byWTORuling: China has a relatively good chance of winning. "Tu Xinquan said that if China wins the case, the verdict can be demandedWTOMember member modification does not complyWTODomestic norms of rules, or, although China’s w88 slot status is not recognized, the “surrogate country” approach must be cancelled.

Attachment: Original link:http://opinion.caixin.com/2016-12-12/101026012.html