Nonmarket Economy Treatment in US’s Antidumping Against China
|Keywords||Nonmarket Economy Choice of Surrogate Value Nation-wideRate Separate Rate Surrogate Value for Individual Information|
Nonmarket economy system is an important weapon US employed to protect its domestic market. It is an outcome of Cold War with a long history. In recent years, as US’former competitors Soviet Union and east European countries collapsed, it was turned around to China, which experienced a high-speed economic development, and increased exports to US. And as a result of yearly continuous surplus in exports, this weapon was used more and more frequently. Because of this, many Chinese enterprises and products were excluded from US market, or held their steps to US. This paper chose the first decade of21th century, namely from January1,2001to December31,2010, to find out in which way the nonmarket economy system worked.The core content of nonmarket-economy system includes two parts, they are surrogate value methodology to calculate normal value, and standards to deliver antidumping duties. These two interacted then constituted a high tariff barrier which kept nonmarket dumping exports out of US. The vital point to determine the normal value of products involved is surrogate value choosing system, while the points of delivering antidumping duties are separate-rate qualification testing system, and post-test duties’delivery standards. For surrogate value choosing system, this paper found out surrogate data sources through analyzing and counting;for separate-rate qualification testing system, and post-test duties’delivery standards, this paper found out standards abided by what separate rates and nation-wide rates were delivered, through analysis and statistics to US Commerce Department’s duty determinations towards separate-rate-concerned companies.This paper mainly employed case analysis and statistics analysis, took77antidumping cases initiated by US against China in the decade as research target, case determination reports and memorandums as sources of data and basis. Then integrated, analyzed, counted them step by step till got the conclusion. There are some innovative points during the research process.This paper comprises6chapters. The first chapter majorly introduced the background, significance, domestic and foreign literatures review, framework, and methodologies of the research. The second chapter described the relationship between dumping and nonmarket economy system, and how nonmarket economy system developed in US historical laws. The third chapter researched US Commerce Department’s practice to choose surrogate value in order to find out the normal value of products involved. From two statistic angles, which were surrogate countries determined in the cases, and surrogate data sources of all items used to calculate normal value, concluded the major source and the minor sources. The forth chapter researched the methodology in which US Commerce Department replaced unqualified individual questionnaire information submitted by Chinese companies, and data sources employed. The fifth chapter studied the standards US Commerce Department applied to deliver separate rates and nation-wide rates, this content was accomplished by reviewing separate rate tests and circumstances in post-test term during which separate-rate-concerned companies were conferred separate rates or nation-wide rates. The sixth chapter is the conclusion of this paper.