摘要
2016年后,中国名义上将获得欧盟市场经济待遇,但"非市场经济因素"仍将改头换面,阻碍中国企业获得单独税率,导致"特殊市场情形"认定,以及引发反补贴调查。对此,中国应在"市场经济条款"失效后进一步观察单独税率的认定标准;联合俄罗斯,共同在WTO争端解决机构寻求对"特殊市场情形"规则的完善;同时,推进国家间谈判,促进WTO项下规则的统一解释,以避免某一条约项下合法措施为其他条约所发难。
Non-market economy factors refer to matters of fact adopted by the EU in MET analysis in anti-dumping investigations against China. It could be divided into three major groups including direct governmental influence, subsidies as well as the price of major raw materials being significantly lower than market value. After 2016, China at least in name could get market economy status, but non-market economy factors can still cause turbulence by ＂marrying＂ other legal stipulations, which include the denial of separate rate, the positive determination of particular market situation, as well as incurring CVD investigations. As countermeasures, China should focus on the separate rate determination after the ＂EU-Fasteners＂ case. Moreover, in alliance with Russia, China could tackle the PMS issue in WTO Dispute Settlement forum. Last but not least, drawing the line among different WTO treaties could better protect a member＇ s rights from abuse.
出处
《华南理工大学学报（社会科学版）》
2015年第6期83-88,共6页
Journal of South China University of Technology(Social Science Edition)
基金
吉林省社科基金项目(2014BS14)
关键词
非市场经济因素
市场经济地位
单独税率
特殊市场情况
反倾销
反补贴
non-market economy factors
market economy status
separate rate
particular market situation
anti-dumping
countervailing
