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篇名
日落複審中中國市場經濟地位研究:以美國案例為視角
並列篇名
MARKET ECONOMY STATUS FOR CHINA IN SUNSET REVIEWS: THE U.S. CASE STUDIES
作者 吳灝文
英文摘要 Considering the side effects of non-market economy status in anti-dumping investigations and the significant changes that have occurred in the Chinese economy, the Chinese government has diligently attempted and managed to obtain market economy status from some World Trade Organization (WTO) members, although no recognition was received from major trading partners, such as the United States and the European Union. Such a situation, however, may possibly come to an end after 2016, in accordance with paragraph 15 in China's Protocol of Accession to the WTO, and thus have a positive impact on the original anti-dumping investigation. Instead of focusing on the original anti-dumping investigation, this article aims to extend to sunset reviews. Taking the sunset reviews of the United States as subjects of study, this article finds that investigating authorities apply the same structure and even the same reasoning in sunset reviews, regardless of whether the cases are subject to imports from China or from market economy countries. In other words, market economy status plays only a small role in sunset reviews. Such a choice of not applying market economy status to sunset reviews, from the standpoint of this article, can be understood from the perspectives: the rationale of difference in terms of calculation and the tendency of protectionism in sunset reviews. Hence, the article concludes that although the Chinese government, exporters and producers will continue expending significant effort into obtaining market economy status, they may not be too optimistic regarding the situation in sunset reviews, even with the recognition of the status.
起訖頁 123-158
刊名 CHINA LEGAL SCIENCE
出版單位 中國法學會
期數 201511 (3:6期)
DOI 10.3966/209548672015110306006  複製DOI  DOI申請
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