Edwin Vermulst, Juhi Dion Sud and Simon Evenett publish contribution to the China MES debate in Global Trade and Customs Journal

The 11:5 issue of the Global Trade and Customs Journal features the contribution of Edwin Vermulst, Juhi Dion Sud and Professor Simon Evenett to the China MES debate. Titled “Normal Value in Anti-Dumping Proceedings against China Post-2016: Are Some Animals Less Equal Than Others?”, the article argues that from 12 December 2016, WTO Members can no longer use the analogue country or similar methodologies as the basis for normal value calculations in anti-dumping proceedings targeting China and should rather use Chinese domestic prices or costs. However, contrary to what some would like decision-makers to believe, this does not mean that the EU or other WTO Members will have no defense against genuine Chinese dumping practices. Other provisions in either the ADA or the SCM Agreement offer sufficient guarantees against that. Finally, the authors consider that the assessment of the manner in which the Commission has conducted MES reviews casts doubt on the quality of the evidentiary base used, on the apparent willingness to give some trading partners the benefit of the doubt but not to others, and on the utility of the review process as a lever to encourage reforms in transition economies, such as China.

 

Global Trade and Customs Journal 11:5

This entry was posted on 16 July 2018 by Jan Dorpmans.