歐委會反傾銷法新提案與WTO規則的一致性分析

On the Consistency between the New Proposal for EU Anti-dumping Regulation and WTO Rules

為履行中國《入世議定書》第15 條到期義務，歐盟執行機構歐委會於2016年11月出台了反傾銷法律修改提案，該法案取消了非市場經濟國家名單，不再根據中國《入世議定書》第15 條的規定在反傾銷調查中使用替代國的規定，但是，在修改案中卻又提出了在出現市場“嚴重扭曲”的情況下可以使用外部資訊，此外，修正案還作出了過渡期的特別設置，這些條款存在與WTO貿易救濟規則不符的嫌疑。本文通過該修改案與WTO多邊規則的比較分析，指出其不符之處，並提出我國應對建議。 To perform the duties after the expiry of Paragraph 15(a)(ii) of China's Protocol of Accession, the Commission of EU publishes the proposal for amending the anti-dumping regulation, which eliminates the list of non-market economic countries, and ceases to use surrogate country under Paragraph 15 of China's Protocol of Accession in anti-dumping investigations. But the proposal establishes the definition and criteria of significant distortion and the transition period to apply outside information for dumping margins calculation, which is not consistent with WTO rules. Based on the comparison between EU proposal and WTO rules, this article makes a legal analysis of this issue and provides some suggestions for China on how to deal with it.

To perform the duties after the expiry of Paragraph 15(a)(ii) of China's Protocol of Accession, the Commission of EU publishes the proposal for amending the anti-dumping regulation, which eliminates the list of non-market economic countries, and ceases to use surrogate country under Paragraph 15 of China's Protocol of Accession in anti-dumping investigations. But the proposal establishes the definition and criteria of significant distortion and the transition period to apply outside information for dumping margins calculation, which is not consistent with WTO rules. Based on the comparison between EU proposal and WTO rules, this article makes a legal analysis of this issue and provides some suggestions for China on how to deal with it.