EU producers at the mercy of Chinese competitors?
Автор: Žunić Tijana
Журнал: Pravo - teorija i praksa @pravni-fakultet
Рубрика: Original scientific work
Статья в выпуске: 1-3 vol.32, 2015 года.
Бесплатный доступ
Like any other WTO member the EU is entitled to use antidumping measures to protect its market from certain imports in the case of unfair competition. As far as China is concerned, the EU has extensively been using the 'analogue country' method for calculation of anti-dumping margin, as a method applicable for non-market economies, which enabled it to protect domestic producers from low Chinese prices. However, on 16th December 2016 this country will be granted a full market economy status within the WTO, as enshrined in Article 15 (d) of the China's Accession Protocol. This effectively means that the EU will not be able to charge such a high anti-dumping duty to Chinese products and shield domestic industry from a fierce competition. This article argues that the EU treatment of Chinese exporters was based on trade protectionism, and that, due to the forced change in December 2016, the internal market will face danger after China is granted a full market economy status.
Anti-dumping, EU trade, WTO, Chinese products import
Короткий адрес: https://sciup.org/170202491
IDR: 170202491 | DOI: 10.5937/ptp1503014Z
Список литературы EU producers at the mercy of Chinese competitors?
- Berrisch, G., (2012). The EU Anti-Dumping and Anti-Subsidy Policy: Interesting Times Ahead, Law Business Research.
- Brown, C., (2010). Taking Stock of Anti-dumping, Safeguards and Countervailing Duties 1990-2009. The World Bank Policy Research Working Paper 5436 September 2010.
- Davice, L. (2009), “Anti-dumping investigation in the EU: how does it work?”, ECIPE Working Paper, No. 04/2009.
- The European Commission Anti-dumping statistics covering the full year of 2006 (2007) (trade.ec.europa.eu/doclib/docs/2006/october/tradoc_128626.pdf).
- Graham S.J., (1916). the letter to the editor, The New York Times, July 4th, 1916.
- Liu, Y., (2005). Anti-dumping Measures and China, 12(3) J Financial Crime, 277.
- MacLean, R., (2012). ‘Adored and Despised in Equal Measure: An Assessment of the EU’s Principle of the Market Economy Treatment in Anti-Dumping Investigations Against China’ in 3 European Yearbook of International Economic Law 189.
- Melin, Y., (2012). ‘The Market Economy Treatment in the EU Antidumping Investigations Following the Judgment of the Court of Justice of the EU in Xinanchem’ The Global Trade and Customs Journal 504.
- The Review of the EU Trade Defense Instruments in Brief, (2015 February 28th), available at: http://www.kommers.se/Documents/dokumentarkiv/publikationer/2013/faktablad/tdibrief-introduction-to-the-eutrade-defence-instruments.pdf.
- Stewart, T. and Dwyer, A., (2009).‘Anti-dumping: The Overview of the Agreement’ in Bagwell, Bermann and Mavroidis (eds), Law and Economics of Contingent Protection in International Trade (Cambridge, 2009).
- Trommer S.M., (2007). ‘Special Market Economy: Undermining the Principles of the WTO?’, 6 The Chinese Journal of International Law 565.
- UK Department of Business Innovation and Skills, (2012). Anti-dumping: Selected Economic Issues, Trade and Investment Analytical Papers Topic 18 of 18.
- Bown (ed), The Great Recession and Import Protection: The Role of Temporary Trade Barriers (CEPR/World Bank, 2011)
- Wang, J., (2006), A Critique of the Application to China of the Nonmarket Economy Rules of Anti-dumping Legislation and Practice of the European Union.
- Legislation, Commission’s practice and Case Law:
- GATT 1994: The General Agreement on Tariffs and Trade 1994, April 15th, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1A, The Legal Texts: The Results of the Uruguay Round of Multilateral Trade Negotiations 17 (1999), 1867 U.N.T.S. 187, 33 I.L.M. 1153 (1994).
- The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
- The Second Supplementary Provision to paragraph 1 of Article VI in Annex I to GATT 1994.
- The WTO China Accession Protocol 2001
- The Council Regulation 1225/2009 and the European Commission (Commission) on 10th April 2013.
- The Council Regulation (EC) 2496/97 of 11th December 1997 imposing a definitive anti-dumping duty on imports of silicon metal originating in People’s Republic of China, OJ L 345, 1.
- Ironing Boards from China [Provisional Disclosure Document dated 26th February, 2007], not public.
- The Regulation (EC) No. 397/2004, OJ [2004] L 66/1.
- The Notice of initiation of an anti-dumping proceeding concerning imports of certain electronic weighing scales originating in People’s Republic of China, Republic of Korea and Taiwan, C1999/262/07, OJ C 262, 8.
- The Regulation (EC) No. 1331/2007, OJ [2007] L 296/1, Recital 23; and the Regulation (EC) No. 862/2005, OJ [2005] L 144/11.
- The Judgment of the Court of Justice (Grand Chamber) of July 19th, 2012 in Case C-337/09 P, The Council of the European Union v. Zhejiang Xinan Chemical Industrial Group Co. Ltd.
- The European Commission. Anti-dumping: List of cases and statistics [Online]. Available at: http://ec.europa.eu/trade/issues/respectrules/anti_dumping/stats.htm.