현행 EU 반덤핑 regulations에서는 중국을 시장경제국가로 인정하지 않고, 따라서 덤핑 판정의 중요한 요소인 시장 가격을 그에 중국의 국내 시장 가격을 기준으로 책정하지 않고 제3국 내의 가격으로 책정함.
According to the panel request from China circulated to WTO members on March 9, the EU’s treatment of China as a non-market economy is in violation of Article 2.1 and 2.2 of the Antidumping Agreement as well as Article I.1 and VI.1 of the General Agreement on Tariffs and Trade. Articles 2.1 of the AD Agreement defines “normal value” as the price of a product in its home market and Article 2.2 allows countries to depart from using home market prices in certain circumstances, according to the Chinese panel request. GATT Article I.1 sets out the WTO’s most-favored nation principle.
Article VI.1 stipulates that a product’s normal value is determined by domestic prices; if those prices are not available, third-country production costs can be used to determine export prices.
EU Regulation 2016/1036 “improperly requires the EU investigating authority to reject Chinese market prices and costs when calculating normal value in favour of third country prices and costs,” the Chinese panel request said. This violates GATT Article VI.1 and AD Articles 2.1 and 2.2 because the regulation does not require the EU to meet conditions set forth in an “Ad Note” of GATT Article VI.1, China claims. — Brett Fortnam-------------------------------
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