2016 and the Application of an NME Methodology to Chinese Producers in Anti-dumping Investigations

Abstract

There is an increasing focus on what is permissible after 11 December 2016 in anti-dumping investigations involving China. In fact, the initial text of section 15 of China's WTO Accession Protocol will remain largely intact, and not oblige WTO Members to recognize China automatically as a market economy. WTO Members can continue to apply an NME methodology as long as China has not established that it meets the market economy criteria of the importing Member. However, WTO Members will then in addition need to allow individual Chinese producers to prove they operate under market economy conditions.