Title Page
Contents
ABBREVIATIONS 8
ABSTRACT 10
INTRODUCTION 13
CHAPTER I: BACKGROUND 17
I. GENERAL RULES OF ANTI-DUMPING LAW IN THE WORLD TRADE ORGANIZATION (WTO) 17
1. Definition of dumping 18
2. Normal value 19
3. Export Price 20
4. Fair Comparison between Normal Value and Export Price 21
5. Calculation of The Dumping Margin 22
II. NON MARKET ECONOMY 23
1. World Trade Definition of Non-Market Economy 23
2. The reasons for the special treatment of NMEs 25
CHAPTER II: THE U.S SYSTEM FOR TREATMENT OF NON MARKET ECONOMY 33
I. History of US Trade Remedy Actions against NMEs 33
1. Designation of NMEs Status 33
2. Development of Antidumping Law regarding NMEs 34
II. Generally Applicable United States Anti-Dumping Law 38
III. US Anti-Dumping Law related to NMEs 39
1. US Definition of the Non-Market Economy 40
2. How individual companies can obtain duty rate separate from NME entity 41
3. NME Calculation Methodology 44
CHAPTER III: EUROPEAN COMISSION SYSTEM FOR THE NON MARKET ECONOMY 55
A. EU SYSTEM FOR NMEs 55
I. HISTORY 55
II. GENERAL APPLICABLE 56
III. EUROPEAN COMMISSION ANTIDUMPING LAW RELATED TO NMEs 57
B. COMPARISON BETWEEN US AND EU LAW 65
1. Normal value 65
2. Constructed value 66
3. Third country selection 66
4. Legal Criteria for Market economy treatment 67
CHAPTER IV: HOW CHINA WAS TREATED AS A NON MARKET ECONOMY 70
I. CHINA MARKET ECONOMY STATUS 70
1. Text of Paragraph 15 of the Accession Protocol 72
2. Debate on China's Special Treatment Based on It's Accession Protocol Post-December 2016 74
II. ANTIDUMPING AGAIST CHINA'S EXPORT: CASES AND RESPOND 81
1. Anti-Dumping Cases Against China 81
2. China's responses to anti-dumping challenges. 85
CHAPTER V: HOW VIETNAM WAS TREATED AS A NON-MARKET ECONOMY AND THE RECOMENDATION FOR VIETNAM 90
I. Why Vietnam be Considered as a Non-market Economy under the US Law through the Case: Certain Frozen Fish Fillets 2002 between US and Vietnam 90
II. The implications for Vietnam of non-market classification 102
1. For bilateral trade and WTO Accession 102
2. For growth, competitiveness and "catching up" 105
III. Recommendation for Vietnam to be come a Market economy in the future 107
1. According to US DOC criteria 107
2. According to Economic 114
CONCLUSION 116
REFERENCES 118