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More on Why Granting China Market Economy Status after December 2016 Is Contingent upon Whether China Has in Fact Transitioned into a Market Economy

More on Why Granting China Market Economy Status after December 2016 Is Contingent upon Whether... ARTICLE Jorge Miranda* The issue of whether there is a legal obligation under paragraph 15 of China's Protocol of Accession to the World Trade Organization (`WTO') to grant China market economy (`ME') treatment by December 2016, for purposes of determining the ` normal value' of Chinese exporters in anti-dumping investigations, has been gaining attention in both the academic literature and the popular press. This Journal has heavily contributed to the debate involved by publishing a series of articles discussing such issues from different perspectives, including an article, that appeared in 2014, which I authored.1 In what follows, I restate, in view of other articles published in this Journal thus far addressing the interpretation of paragraph 15, the argument that, while after December 2016 the non-market economy (`NME') methodology for establishing ` normal value' continues to be permissible, the use of such approach cannot be triggered by failure on the part of Chinese exporters to demonstrate that ME conditions prevail in their industry. I will be brief, in the hope of taking the discussion forward. I will structure my remarks along what I believe to be main themes in such discussion bearing in mind, again, the contributions to date. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Global Trade and Customs Journal Kluwer Law International

More on Why Granting China Market Economy Status after December 2016 Is Contingent upon Whether China Has in Fact Transitioned into a Market Economy

Miranda
Global Trade and Customs Journal , Volume 11 (5) – May 1, 2016
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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1569-755X
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Abstract

ARTICLE Jorge Miranda* The issue of whether there is a legal obligation under paragraph 15 of China's Protocol of Accession to the World Trade Organization (`WTO') to grant China market economy (`ME') treatment by December 2016, for purposes of determining the ` normal value' of Chinese exporters in anti-dumping investigations, has been gaining attention in both the academic literature and the popular press. This Journal has heavily contributed to the debate involved by publishing a series of articles discussing such issues from different perspectives, including an article, that appeared in 2014, which I authored.1 In what follows, I restate, in view of other articles published in this Journal thus far addressing the interpretation of paragraph 15, the argument that, while after December 2016 the non-market economy (`NME') methodology for establishing ` normal value' continues to be permissible, the use of such approach cannot be triggered by failure on the part of Chinese exporters to demonstrate that ME conditions prevail in their industry. I will be brief, in the hope of taking the discussion forward. I will structure my remarks along what I believe to be main themes in such discussion bearing in mind, again, the contributions to date.

Journal

Global Trade and Customs Journal – Kluwer Law International

Published: May 1, 2016

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