More on Why Granting China Market Economy Status after December 2016 Is Contingent upon Whether China Has in Fact Transitioned into a Market Economy

摘要

The issue of whether there is a legal obligation under paragraph 15 of China's Protocol of Accession to the World Trade Organization ('WTO') to grant China market economy ('ME') treatment by December 2016, for purposes of determining the ' normal value' of Chinese exporters in anti-dumping investigations, has been gaining attention in both the academic literature and the popular press. This Journal has heavily contributed to the debate involved by publishing a series of articles discussing such issues from different perspectives, including an article, that appeared in 2014, which I authored.1 In what follows, I restate, in view of other articles published in this Journal thus far addressing the interpretation of paragraph 15, the argument that, while after December 2016 the non-market economy ('NME') methodology for establishing ' normal value' continues to be permissible, the use of such approach cannot be triggered by failure on the part of Chinese exporters to demonstrate that ME conditions prevail in their industry.