5Earlier this month, the European Parliament overwhelmingly passed a non-legally binding resolution calling on the EU not to grant China w88 online live casino status. However, it seems to have taken a turn for the worse in recent days. According to Reuters, diplomatic sources said that the European Commission and China are close to reaching an agreement on recognizing China's w88 online live casino status.
2001China joinedWTOAfterwards, the issue of "w88 online live casino status" has become a major problem that has long troubled the Chinese government and enterprises. Striving for international recognition of China's "w88 online live casino status" has also become an important issue and goal of China's diplomacy.
2001When China joined the WTO in 2011, "w88 online live casino status" was written into the "China's Accession" as a formal clause.WTOProtocol" (hereinafter referred to as the "Accession Protocol"), "China Working Group Report" and "China-U.S. BilateralWTOAgreement" and other legal documents. According to relevant terms,WTOMembers regard China as a "non-market economy" country and implement "special safeguard measures" and special anti-dumping and countervailing rules against China. Chinese companies are facing more and more international w88 frictions, and "double-anticipation and anti-dumping" cases have surged. For several consecutive years, they have become the country with the most "double-anticipation and anti-counterfeiting" investigations. However, according to the "Accession Protocol", the relevant provisions of "market economy status" should be in2016Year12month11End of day. Therefore, can China automatically obtain "w88 online live casino status" this year?WTOAre other member states obligated to recognize China’s “w88 online live casino status?” These issues urgently need legal clarification.

“Automatic acquisition” or “other party’s recognition”?

In response to the domestic discussion on whether China can automatically obtain w88 online live casino status,Chen Weidong, Professor of Law w88 casino of w88 casinotold China Development Observer that at present, there is a tendency to generalize the understanding of the concept of "market economy status". The concept of "market economy status" is a special term in the w88 field, but academic circles and the public tend to misunderstand it as a macroeconomic system issue, mistakenly believing that China's market economy still needs recognition from Western countries, and2016Other countries must recognize it after the year.
Pu Lingchen, a partner of Zhong Lun Law Firm, said in an interview with this reporter that in anti-dumping investigations, "w88 online live casino status" does not exist in anyWTOIn relevant laws, this is a concept created in the investigation practice of European and American countries.
Chen Weidong introduced that “market economy status” comes from the domestic laws of the United States and other Western countries. The foreign w88 laws of these countries define what a "non-market economy country" is in the chapters on anti-dumping and countervailing duties, also define some criteria for how to identify a market economy country, and stipulate special investigation methods for products from non-market economy countries. Therefore, in the domestic legal systems of the United States, the European Union and other countries and regions, "market economy status" is not a general concept, but can only be used in the field of w88 remedies (specifically, in the fields of anti-dumping and countervailing). Similarly, at the level of international treaties, the relevant provisions in the Protocol of Accession, namely Article15Article itself only addresses anti-dumping and countervailing issues in w88 remedies.
“Actually, China’s construction of a market economy is our own business and does not require recognition from any country.” Chen Weidong told this reporter that “market economy status” is a legal and technical concept with a very specific scope of application and is not an economic system concept understood by the public. Pu Lingchen further stated that in specific w88 remedy investigation procedures, the biggest difference between responding companies in countries with market economy status and responding companies in countries with non-market economy status is that the former use their own costs/Domestic sales price, the latter uses the cost of "surrogate country"/Compare the domestic sales price with its own export price to determine whether a responding enterprise has constituted “dumping”.
Western countries in2016Will China automatically recognize China’s “w88 online live casino status” after the year? Chen Weidong said, “The question of whether to obtain w88 online live casino status is not based onWTOWhat the Agreement and the Accession Protocol can resolve is, instead, subject to US and EU domestic law. "In the domestic practice of anti-dumping by the United States and Europe against China, the discriminatory practice of applying surrogate country prices to Chinese products has a long history. China has joined inWTOHas existed for over twenty years previously. Pu Lingchen said, “Article of the Accession Protocol15Article 11866_11896| allows the application of abnormal (surrogate country) methods to determine China’s dumping, which is consistent withWTO11923_11954WTORule, one thing allows anotherWTOMembers permanently apply non-compliance to China in w88 remedy investigationsWTOThe rules stipulate that this is unfair.
Judging from the legal provisions of the Accession Protocol itself, Chen Weidong explained that Article15Articles(a12304_1233615Bar(d12391_12411WTOThe domestic law of the importing member confirms that it is a w88 online live casino, then (a) shall terminate, but as of the date of accession, theWTOThe domestic laws of importing members must contain standards related to w88 online live casino. Anyway(a) item(ii) Purpose stipulation shall be after the date of accession15End of year. In addition, if China follows theWTOThe domestic law of the importing member confirms that a specific industry or sector has w88 online live casino conditions, then (a12759_12824WTOThe domestic law of the importing member confirms that a specific industry or sector has w88 online live casino conditions, then Article15items (a) item may be in2016Year12month11Terminate the application to China or specific industrial sectors before the date of 13030_13070|, thereby obtaining "overall" or "partial" w88 online live casino status.
Pu Lingchen further analyzed, according to the article15items (a）（i) stipulates that if the Chinese responding enterprise can prove its w88 online live casino status, the importing country’s investigation agency shall use the costs of the Chinese responding enterprise/Domestic sales price; based on (a）（ii), if Chinese enterprises cannot prove w88 online live casino status, the importing country’s investigation agency can use methods such as “surrogate country”. "It should be noted that the stipulation here is 'if it cannot be proved', and15The termination clause after the year is exactly for (a）（ii) ‘cannot be proven’ - that is, the method will be dead by then! Market economy status cannot be equated with the ‘surrogate country’ approach to w88 remedy investigations. ”
Judging from the domestic laws, rules and practices of the United States and the European Union, Chen Weidong said, "It is not possible to obtain w88 online live casino status as a whole, and it is only possible to successfully obtain 'partial' w88 online live casino status in a very small number of investigations." About No.15items (d) the famous "15year applicable period clause", this clause clearly terminates the scope of "(a) item(ii)", that is, it is not clearly stipulated in the law2016Year12month11After the day (a) item preface and (i) shall be terminated. "That is to say, there is still the possibility that the above provisions will continue to apply."
Chen Weidong concluded, "Join in ChinaWTO 15Years from now, that is2016Year12month1114500_145772016After 14605_14668| years, the United States and the European Union can still decide according to their own standards whether to recognize China's full w88 online live casino status as a whole or to grant individual w88 online live casino status to specific industries in China. ”
When asked whether the issue of "w88 online live casino status" is a legal issue or a diplomatic problem, Pu Lingchen believed that "in a sense, this is actually a political issue."

2016After 20 years, can Europe and the United States continue to be "willful"?

Pu Lingchen said, “The core issue of w88 online live casino status is which method to use to calculate the dumping margin. "Then,2016In the future, what rules and methods will the United States, the European Union and other members adopt in anti-dumping investigations against China? What changes will there be? Chen Weidong believes that theoretically there are two possibilities:
First, continue to apply the “surrogate country” method. Although Article of the Protocol of Accession15items (a) item(ii) shall cease to apply, but the General Agreement on Tariffs and w88 (GATT）No.616767_16791GATTRemnants of the post-Uruguay Round "surrogate country" price practice for the former Soviet and Eastern countries during the period. There is also a "surrogate country price clause" in the "Anti-dumping Agreement", that is, Article2Article7Model. The clause states: “This clause does not prejudice1994YearGATTCorrespondence in Appendix 16Article1No.2Supplementary provisions. "The "supplementary provisions" are that "the parties recognize that when imported products come from countries where w88 is completely or substantially completely monopolized, and all domestic prices are determined by the state, in determining the first1Special difficulties may arise with regard to price comparability under paragraph 17192_17284|, in which case the importing Member may find it necessary to consider the possibility that strict comparisons with domestic prices in such countries may not necessarily be appropriate. "Theoretically, since the Anti-dumping Agreement applies to anti-dumping investigations against China, Article2Article7The “substitute country” pricing terms under paragraph 17338_17484| also apply. However, according to the "Supplementary Provisions", the scope of application of the special method of "surrogate country prices" has obvious limitations, that is, it is limited to "w88 is completely or substantially monopolized" and "all domestic prices are determined by the state", while requiring "special difficulties". "China's current economic and w88 system is far from comparable to that of the former Soviet Union, even if the United States and the European Union have to invoke Article 1 of the Anti-Dumping Agreement2Article7, it is also difficult for them to prove that China’s current system meets the above applicable conditions. "Therefore, in practice, the United States, Europe and other countries rely on Article of the Anti-dumping Agreement2Article7It is unlikely that the surrogate country price will continue to apply to China.

Second, refuse to apply China’s domestic sales price as the normal value, and use the export price or structural price to a third country. In an anti-dumping investigation, the dumping margin is calculated by comparing the export price with the normal value. “According to Article of the Anti-dumping Agreement2Article 18266_18344| The calculation method of domestic price is generally to use the domestic price of the exporting country. In other words, when conducting anti-dumping investigations against Chinese products, China’s domestic price should have been used. "However, in Article of the Anti-dumping Agreement2Article2Under three circumstances: there are no domestic sales, or domestic sales are too low, or so-called "special market conditions", the exporting country's export price to a third country, or the "structural price" can be used to calculate the legitimate value. In their anti-dumping investigations against China, the United States and the European Union may determine that China has "special circumstances in the domestic market" on the grounds that China fails to meet w88 online live casino conditions or that China is a "non-w88 online live casino" itself. Therefore, they refuse to apply China's domestic sales prices as normal values ​​and instead adopt export prices or structural prices to third countries. "Although this method has a much smaller adverse impact on China than the original substitute country price, it still cannot be ignored. Among them, the applicable structural price is particularly detrimental to China." If the structural price method is adopted, the relevant price elements do not actually exist but are calculated by the investigating officials. The importing country's investigation agency still has a large discretionary space to increase the dumping margin of Chinese products.
From a practical point of view, Pu Lingchen further said, “From Europe and the United States, etc.WTOFrom a member’s perspective, there is a certain correlation between the determination of w88 online live casino status and the ‘surrogate country’ method used in anti-dumping investigations. However, (a）（ii) naturally solves the "surrogate country" approach faced by Chinese enterprises. At present, we are not sure how the EU and other member states will operate, we can only wait2016Looking at it after 18995_19030|, some conditions may be attached or the burden of proof on Chinese responding companies may be increased. ”
Chen Weidong added that the most extreme case is,2016Year12month1119204_19248WTOSue the United States and Europe to protect their rights. "No.15Article 19313_19332|Article clearly stipulates that the United States and Europe’s anti-dumping measures against China have been maintained for nearly a year4019358_19375

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