试论国际反倾销法中替代国制度——从《中国入世议定书》第15条谈起.pdf

Abstract Sincethe first anti-dumping case against China in 1979, China has beenthe most injured country by anti-dumping measures. And the most disputedpart is the system of surrogate country(which is named analogouscuuntry in European Community, hereinafter refered to as surrogatecountry).Surrogate countrysystem is often used in the anti-dumpingcases against China,which means that the normal value of our exportedproducts is determined by the products normal value in a thirdmarket-economy country.Thus brings about many unreasonable and unfairverdicts. The WTO members can still use the system of surrogate countryagainst China in no more than 15 years since China entered into WTO in2001. Sharply contrast the recent research conducted by the Beijing NormalUniversity reveals that Chinas market-economy factors have reached69%,above the international critical level,which is 60%.With therequirements of the economy reform and the commitments made to WTO, China smarket economy developed with each passing day in 2002 and 2003. Anyhowwe should not focus on the unreasonable surrogate countrysystem itself only. The priority thing is to realize how to face thisproblem as more anti-dumping measures may be adopted by the WTO membersin the next 15 years. This article will analyse the surrogate country system under theWTO legal framework,the respective surrogate country system and itsdevelopment in different countries,the unreasonable factors of thesurrogate country system, also it will make a study of Chinas marketeconomy, and last but not Ieast,it comes to the measures we should takeby our government,the chamber of commerce,the enterprises and so on. Key Words: Anti-dumping, surrogate country, non-market economy, disputesettlement mechanism Ail 舌 2001年11月10日，在多哈会议上，通过了《中国入世议定书》(以下简称叹入世议定书》”)，其作为中国入世的基本文本，对中国加入WTO后的权利义务作出了规定，中国作为WTO成员方必须予以遵守。《入世议定书》第15条规定:GATT1994第6条、《关于执行GATT1994第6条的协议》(以下简称“《反倾销协议》”)??应适用于涉及原产于中国的进口产品进入一世贸组织成员的程序，并应符合下列规定: (a)在根