The origin and response to the problem of China’s w88 login status

Tu Xinquan

(Source: People's Daily Online Theory Channel)

2016The year is when China joins the World w88 Organization (WTO）15Anniversary. in the past15In the middle of the year, China's economic and w88 development made brilliant achievements. Although the current economic development is facing some difficulties, China's accession to the WTO is undoubtedly worthy of celebration and commemoration. However, an issue that should have been settled and concluded this year suddenly emerged and became the focus of controversy among all parties, namely, China's market economy status.20059109_917211Years later, this is still a problem, and it has become an unavoidable thorny problem.

According to Article 1 of the Protocol on China’s Accession to the WTO15Provisions, China joinsWTOAfter15During the year, otherWTOMembers can continue to use the "surrogate country" approach when anti-dumping against China, that is, instead of using China's prices for comparison, they can use the prices of a third country. As a result, Chinese companies are more likely to be identified as dumping, and the dumping margin can be set higher, thus applying higher anti-dumping duties. The basis for the "surrogate country" approach is a provision in the General Agreement on Tariffs and w88, which stipulates that special price comparison methods can be used for countries where the government has a complete monopoly on w88 or sets prices. However, this paragraph does not clearly indicate that such countries are non-market economy countries, nor does it provide clear criteria for judgment. This in turn givesWTOMembers have great discretion to decide which countries can adopt the surrogate country approach, and the concept of "w88 login status countries" has emerged in the domestic anti-dumping legal practices of the United States and the European Union, and some countries such as Canada, Australia, and India have followed suit. Join in our countryWTOPreviously, the United States and Europe have been using this method in anti-dumping against China. Therefore, the protocol15The purpose of this article is to end this discriminatory practice when the time is right. After negotiations, our country reached a consensus with the United States and Europe and other major negotiating parties that upon our country’s accession to the WTO15After this year, the surrogate country approach should be cancelled, and our country should be treated equally with other countries in anti-dumping. Judging from the negotiation process and the intentions of both parties, the purpose of this clause is clear.

It should be noted here that Article of the Protocol1510965_1120615Article 11 requires all members to automatically recognize China’s w88 login status this year.

However, the issue of w88 login status is only a specific concept in anti-dumping laws in European and American countries, and it is closely related to the practice of "surrogate countries". In other words, non-w88 login status is a prerequisite for implementing surrogate country practices. Because China is recognized as a non-w88 login country, it can implement surrogate country practices. On the other hand, although the cancellation of the surrogate country approach does not mean recognition of w88 login status, it also makes the concept of w88 login status lose its value and foundation, because outside the field of anti-dumping, this concept has no other use.

Therefore, for Europe and the United States, the implementation of Article15Article 12506_12604|There are two ways. One is to directly recognize China’s w88 login status, then the “substitute country” approach will lose its domestic legal basis; the other is to not recognize China’s w88 login status, but cancel the “substitute country” approach. Especially the second way, there is no controversy at all, because it is obviousWTOObligation. But in2011A w88 lawyer in the EUBernard O’ConnorI published a small article on a website, but it attracted widespread attention. The article points out that No.15Article 12802_12881| does not explicitly require members to automatically cancel the "substitute country" practice after expiration, but can still require Chinese companies to prove that they are in w88 login conditions according to past methods. The emergence of this voice is mainly due to the concerns of some industries in the EU2016After the abolition of the "surrogate country" approach in 2009, it will be more difficult to curb the strong competition of Chinese enterprises, thus damaging their industrial interests. And a broader context is,200812988_13125O＇ConnorHe is just a little-known practicing lawyer with no legal research background, but his views have been supported and cited by European and American governments, and have gradually become their official views.

Currently, Europe and the United States not only believe that China has not yet reached the national w88 login standards set by them, and will not recognize China’s w88 login status, but alsoO＇Connor13857_1386915Article 13895_13925| does not require it to automatically abandon the "surrogate country" approach and insists on its right to join the WTO in China15After the year, the discriminatory "surrogate country" method can still be used to calculate dumping margins against Chinese companies. The U.S. Department of Commerce has repeatedly stated that the United States has no intention to2016The current practice will change after the year, and the United States even warned the European Union not to recognize China's w88 login status. As for the European Union, the European Commission has a relatively positive attitude and expresses its willingness to complyWTOrules, but does not explicitly address how to deal with this issue. However, the European Parliament recently took the lead in expressing its opposition to the recognition of China's w88 login status, making the controversy surrounding this issue even more intense.

In fact, both the EU and the United States clearly know that they have15The interpretation of Article 14740_15211| is very far-fetched. Even though there are some unclear meanings in the Article itself, its original meaning is very clear. If Europe and the United States really support the spirit of free w88 as they claim, they should understand this clause in good faith and cancel the discriminatory practices against China, rather than seizing on some loopholes to make excuses. Therefore, the dispute surrounding China's market economy status is not a legal issue, but a political and economic issue. First of all, from a political point of view, Europe and the United States have criticized China's economic model a lot in recent years. Recognizing China's market economy status, or even just canceling the "surrogate country" approach, are considered to be some recognition of the Chinese model, which they are currently unwilling to do. In addition, as analyzed above, once the "surrogate country" approach is cancelled, the non-market economy label on China will be effectively invalidated, and Europe and the United States will no longer be able to use this card to exert pressure on China. Secondly, from an economic point of view, anti-dumping is still the most commonly used w88 emergency measure in Europe and the United States. Especially in the current world economic downturn and global overcapacity in some industries, anti-dumping measures are an important tool to protect the interests of some domestic industries and win political support from related industries. Canceling the "surrogate country" approach will make it more difficult to apply anti-dumping measures. Even if it does not have a decisive impact, they are not willing to give up easily. It is precisely because of this motive that the European and American steel industries have recently become the biggest voice in opposing the recognition of China's market economy status.

This approach in Europe and the United States is undoubtedly short-sighted and destructive. Europe and the United States have always regarded themselves as defenders of international rules, but they openly declare that they do not abide by themWTORules. On the one hand, this will destroy the trust foundation of China-EU and China-US relations and damage the overall bilateral economic and w88 relations. On the other hand, it will also damage the international image of Europe and the United States and weaken their demonstration value. Especially considering that the "surrogate country" approach does not play a decisive role in anti-dumping, and the cancellation of the surrogate country approach will not have a major impact on the launch of anti-dumping, this approach in Europe and the United States appears even more narrow-minded and bad.

In this regard, the Chinese government's position is very clear, that is, my country's w88 login construction does not require recognition from Europe and the United States, and the construction of a w88 login with Chinese characteristics is a dynamic process of continuous improvement, which is difficult to measure by one standard. Therefore, we do not require the EU and the United States to recognize China’s w88 login country status, but require it to fulfill its obligationsWTORegulations, cancel the "surrogate country" approach in anti-dumping against Chinese companies as scheduled, and give Chinese companies fair treatment. Undoubtedly, this position has a solid legal basis. We should continue to increase pressure on Europe and the United States and urge them to conscientiously implementWTOObligation. Among them, the EU has a relatively good attitude and has always stated that it will complyWTOrules, but there are still internal legal and political differences on how to fulfill this obligation. Therefore, our country should strengthen communication with the EU and jointly explore reasonable ways to solve this problem. We must be fully prepared to appeal to the United States’ non-cooperative stanceWTOPrepare the dispute settlement mechanism, strengthen legal research and evidence collection, and ensure a satisfactory litigation outcome. However, in terms of publicity and internal response, in addition to showing toughness and responding in accordance with the law, we must also more actively affirm China's firm confidence in continuing reform and opening up, accelerating the construction of a market economic system, and improving our market economic system with continuous reform and opening up actions. Although European and American standards may not be scientific, the accusations made by Europe and the United States may serve as a mirror for us to continue to work hard to improve ourselves.

Go our own way and let them have their say; go our own way and let them have nothing to say.

Attachment: Original link:http://theory.people.com.cn/n1/2016/0607/c83865-28417864.html