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Author: Joris Cornelis
Publisher: Open Dissertation Press
ISBN: 9781361419861
Category :
Languages : en
Pages :
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Book Description
This dissertation, "The EU's Anti-dumping Policy Towards China: a Discriminatory Policy and Unfair Methodology?" by Joris, Cornelis, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Abstract of thesis entitled "THE EU'S ANTI-DUMPING POLICY TOWARDS CHINA - A DISCRIMINATORY POLICY AND UNFAIR METHODOLOGY?" Submitted by Joris Cornelis For the degree of Doctor of Legal Science at the University of Hong Kong in March 2005 The EU's anti-dumping policy towards China has been criticized for being discriminatory and for applying an unfair methodology. The argument that the EU's anti-dumping policy is discriminatory refers to China's classification as a non-market economy. As a consequence, a special methodology applies to China whereby data from third countries are used to determine the normal value of Chinese imports and a single anti-dumping duty is imposed on all imports. This methodology has been criticized as unfair since it results in unpredictable, inaccurate and inflated dumping margin calculations. This thesis examines the correctness of these claims by analyzing all EU anti-dumping investigations initiated against China. This thesis agrees with the critique that China's classification as a non-market economy is discriminatory. This thesis does not argue China has a market economy because substantial reforms are still needed before the Chinese economy can be considered to be a market economy. However, other non-market economy countries graduated to market economy status despite serious concerns about the market-oriented nature of their economy. The adoption of a more strict approach towards China is therefore discriminatory. In addition, this thesis raises the question whether market economy status will really provide better protection for individual Chinese exporters against trade defense investigations. 1 This thesis also argues that claims about the unfairness of the EU's anti-dumping methodology towards China are overstated. While acknowledging that there are inherent deficiencies in the special methodology that applies to China, this thesis points out that there are possibilities for Chinese exporters to avoid the application of the special methodology by claiming market economy treatment and individual treatment. Such claims have been relatively unsuccessful so far, partly because the criteria are overly strict, particularly with regard to claiming individual treatment, but also because of insufficient cooperation by Chinese exporters. Even when the special methodology applies, there are several possibilities for Chinese exporters to mitigate the inaccuracy and unpredictability of this special methodology, but unfortunately, the level of cooperation by Chinese exporters in this regard has been poor. In addition, the EU investigating authorities have established criteria for the selection of the reference third country and the determination of the normal value, thereby increasing the predictability of the normal value determinations. Finally, the special methodology only applies to the dumping determination. Before anti-dumping measures can be imposed, there also needs to be a finding of injury to an EU industry, a finding of causation and a finding that imposing anti-dumping measures is in the interest of the EU. Chinese exporters are treated the same as exporters from other countries with regard to these findings. The requirement of injury is particularly relevant since anti-dumping measures are based on the injury margin when the injury margin is lower than the dumping margin, thereby mitigating the impact of the sp
Author: Joris Cornelis
Publisher: Open Dissertation Press
ISBN: 9781361419861
Category :
Languages : en
Pages :
Get Book Here
Book Description
This dissertation, "The EU's Anti-dumping Policy Towards China: a Discriminatory Policy and Unfair Methodology?" by Joris, Cornelis, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Abstract of thesis entitled "THE EU'S ANTI-DUMPING POLICY TOWARDS CHINA - A DISCRIMINATORY POLICY AND UNFAIR METHODOLOGY?" Submitted by Joris Cornelis For the degree of Doctor of Legal Science at the University of Hong Kong in March 2005 The EU's anti-dumping policy towards China has been criticized for being discriminatory and for applying an unfair methodology. The argument that the EU's anti-dumping policy is discriminatory refers to China's classification as a non-market economy. As a consequence, a special methodology applies to China whereby data from third countries are used to determine the normal value of Chinese imports and a single anti-dumping duty is imposed on all imports. This methodology has been criticized as unfair since it results in unpredictable, inaccurate and inflated dumping margin calculations. This thesis examines the correctness of these claims by analyzing all EU anti-dumping investigations initiated against China. This thesis agrees with the critique that China's classification as a non-market economy is discriminatory. This thesis does not argue China has a market economy because substantial reforms are still needed before the Chinese economy can be considered to be a market economy. However, other non-market economy countries graduated to market economy status despite serious concerns about the market-oriented nature of their economy. The adoption of a more strict approach towards China is therefore discriminatory. In addition, this thesis raises the question whether market economy status will really provide better protection for individual Chinese exporters against trade defense investigations. 1 This thesis also argues that claims about the unfairness of the EU's anti-dumping methodology towards China are overstated. While acknowledging that there are inherent deficiencies in the special methodology that applies to China, this thesis points out that there are possibilities for Chinese exporters to avoid the application of the special methodology by claiming market economy treatment and individual treatment. Such claims have been relatively unsuccessful so far, partly because the criteria are overly strict, particularly with regard to claiming individual treatment, but also because of insufficient cooperation by Chinese exporters. Even when the special methodology applies, there are several possibilities for Chinese exporters to mitigate the inaccuracy and unpredictability of this special methodology, but unfortunately, the level of cooperation by Chinese exporters in this regard has been poor. In addition, the EU investigating authorities have established criteria for the selection of the reference third country and the determination of the normal value, thereby increasing the predictability of the normal value determinations. Finally, the special methodology only applies to the dumping determination. Before anti-dumping measures can be imposed, there also needs to be a finding of injury to an EU industry, a finding of causation and a finding that imposing anti-dumping measures is in the interest of the EU. Chinese exporters are treated the same as exporters from other countries with regard to these findings. The requirement of injury is particularly relevant since anti-dumping measures are based on the injury margin when the injury margin is lower than the dumping margin, thereby mitigating the impact of the sp
Author: Robert C. Feenstra
Publisher: University of Chicago Press
ISBN: 0226239721
Category : Business & Economics
Languages : en
Pages : 603
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Book Description
In less than three decades, China has grown from playing a negligible role in international trade to being one of the world's largest exporters, a substantial importer of raw materials, intermediate outputs, and other goods, and both a recipient and source of foreign investment. Not surprisingly, China's economic dynamism has generated considerable attention and concern in the United States and beyond. While some analysts have warned of the potential pitfalls of China's rise—the loss of jobs, for example—others have highlighted the benefits of new market and investment opportunities for US firms. Bringing together an expert group of contributors, China's Growing Role in World Trade undertakes an empirical investigation of the effects of China's new status. The essays collected here provide detailed analyses of the microstructure of trade, the macroeconomic implications, sector-level issues, and foreign direct investment. This volume's careful examination of micro data in light of established economic theories clarifies a number of misconceptions, disproves some conventional wisdom, and documents data patterns that enhance our understanding of China's trade and what it may mean to the rest of the world.
Author: Dr. Yan Luo
Publisher: Kluwer Law International B.V.
ISBN: 9041132074
Category : Law
Languages : en
Pages : 250
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Book Description
Country Driving illuminates the vast, shifting landscape of a traditionally rural nation that, having once built walls against outsiders, is building the roads and factory towns that will shape the twenty-first century. --Book Jacket.
Author:
Publisher:
ISBN:
Category : China
Languages : en
Pages : 17
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Book Description
Author:
Publisher:
ISBN: 9789282385906
Category :
Languages : en
Pages : 55
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Book Description
Paragraph (a) (ii) of Article 15 in China’s Accession Protocol to the WTO - which determines the basis on which dumping margins are calculated in Anti-dumping proceedings against China - is about to expire in December 2016. This ad hoc briefing aims to shed light on the economic and political implications that may arise for the EU from different strategies related to the treatment of China after this date, including the possibility of granting it market economy status. The study provides an economic, legal, as well as political overview of EU Antidumping regulation and compares it to that of China’s other main trading partners. It demonstrates that Anti-dumping constitutes a significant and frequently used trade defence instrument, although its use is extremely heterogeneous across countries and sectors. Even though market economy status is associated with lower Antidumping duties, granting it to China would not render the EU defenceless against dumping. Beyond first order effects on the magnitudes of AD duties, a unilateral decision will have much wider implications, both for the EU’s relations with China as well as with other countries, particularly the USA. These have to be taken into account in the decision making process. This ad hoc briefing can only be a first step towards a full understanding of the impacts of granting MES to China on EU trade policy and European welfare. The briefing illustrates that more research is required.
Author: Qingjiang Kong
Publisher: World Scientific
ISBN: 9814452149
Category : Political Science
Languages : en
Pages : 200
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Book Description
The European Union (EU) has now become the largest trade partner of China. While Sino-US trade relations and particularly the high-profile trade disputes between the US and China get considerable academic attention for geopolitical reasons, less research has been done on the Sino-EU trade disputes that gradually loom large on the horizon. This book delves into the trade disputes between China and the EU and identifies the causes for trade disputes. It examines how the disputes will shape China-EU trade relations, and offers a macro overview on how the issues can be resolved or at least how they should be managed.This timely book sheds light on Sino-EU trade disputes, putting these in global perspective and enriching the literature in this regard.
Author: James J. Nedumpara
Publisher: Springer
ISBN: 9811313318
Category : Law
Languages : en
Pages : 360
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Book Description
This book provides one of the most comprehensive and compelling analysis of Non-Market Economies (NMEs) and their treatment under the current world trading system. In particular, it examines the treatment of China as an NME in anti-dumping investigations, especially post-December 2016. Central to this analysis is Section 15 of China’s Protocol of Accession to the WTO, which is the focal point of the controversy between China and other major WTO Members. The book highlights multiple perspectives on the interpretation of Section 15 and the Second Ad Note to Article VI of the General Agreement on Tariffs and Trade (GATT), which form the legal basis for China’s special treatment in anti-dumping proceedings, and provides unique approaches on interpreting the above treaty texts. In addition, the book explores recourses to trade remedy instruments other than anti-dumping to identify and address state-driven market distortions in the case of NMEs. Authored by leading practitioners and scholars, the chapters offer a detailed commentary and rich insights into the diverse approaches and methods used by anti-dumping investigation agencies of leading users. This book serves as an all-inclusive resource for discerning all facets of this issue, magnitude of the consequences, and potential threats to the delicate trading system. It is of particular relevance to economies-in-transition and newly acceding countries to the WTO. This book generates special interest among legal practitioners, exporters, trading firms, think tanks, academicians, policy makers and the entire community engaged in international trade disputes with China.
Author: Joris Cornelis
Publisher:
ISBN:
Category : Antidumping duties
Languages : en
Pages : 0
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Book Description
Author: Henrik Andersen
Publisher: Kluwer Law International B.V.
ISBN: 9041144587
Category : Law
Languages : en
Pages : 508
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Book Description
The application of the antidumping instrument by WTO members is often controversial because of the protectionist character of these measures where inefficient industries are protected from foreign competition. The legal framework within the WTO has loopholes that leave wide discretion to the investigating authorities to determine that a product is dumped, thereby emphasizing the protectionist nature of antidumping. The use of antidumping becomes even more controversial when WTO members use the antidumping tool beyond the legal scope of WTO law. The questions raised in this book concern the EU dumping determinations and their conformity with WTO law. This thought-provoking work examines whether European Union legislation on dumping, the practices adopted by the European Commission and the Council, as well as the decisions by the EC courts are in conformity with WTO law. The author's findings are particularly relevant given the frequent use of antidumping measures by EU authorities, especially as relates to Asian countries, and he carefully documents areas where the EU infringes WTO law.
Author: Jørgen Ulff-Møller Nielsen
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This paper uses the theory of international trade in vertically differentiated products in order to assess whether the EU has calculated disproportionately high dumping margins in its anti-dumping policy towards the two non-market economies (NMEs) Russia and China since 1992. Specifically, the investigation concerns cases in which the level of economic development in and the quality of the products from the chosen analogue country are higher than in the two NMEs. The conclusion drawn here is that, even when the EU chooses analogue countries at a higher level of economic development than Russia and China, the differences in product quality and in the levels of economic development between the dumpers and the analogue countries provide no systematic explanation of the size of dumping margins.
