欧盟反倾销新规中的“市场扭曲”制度与中国的应对

Abstract:The Regulation（EU）2017/2321 amending the EU's basic anti-dumping regulation and anti-subsidy regulation came into effect on December 20 2017. Compared to the draft proposal put forward by the European Commission，it makes no great change to the basic designs，but it is more reasonable in many aspects. The most import innovation in Regulation 2017/2321 is the “market distortion”regime，which includes three basic elements： the determination of “significant distortion”，country or industry report of significant distortion and special calculation methodology of normal value. The “market distortion” regime has in a certain degree incorporated the environmental and labor standards. The Chinese Economy Significant Distortion Report issued by the European Commission covered a wide range of fields in Chinese economy and it is difficult to show its discrimination. However，the important implications of this report should not be under-evaluated. In the international arena，the case against EU price comparison methodology（DS516）is progressing slowly，and China，EU and US are contesting in the WTO litigation，while there may potentially be significant splits between other WTO members in their standpoints. The author suggests that Chinese government actively and steadily push forward the relevant WTO litigations against EU，including that against its “market distortion”regime，and that Chinese government and enterprises pay close attention to and respond actively to the implementation of Regulation 2017/2321 and to the amendment of lesser duty rule in the context of the modernization of EU trade defense instruments. In addition，the so-called “problems”mentioned in the Chinese Economy Significant Distortion Report should be taken seriously，particularly in case that the EU and US may take unilateral actions to those “problems”，including by anti-dumping instruments.

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