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Weihuan Zhou - One of the best experts on this subject based on the ideXlab platform.

  • The Issue of ‘Particular Market Situation’ Under WTO Anti-dumping Law
    Non-market Economies in the Global Trading System, 2018
    Co-Authors: Weihuan Zhou
    Abstract:

    The expiry of the so-called NME Methodology under China’s WTO Accession Protocol has led to the search for potential alternatives to continue to treat China as an NME in anti-dumping actions, and the growing importance of the concept of ‘particular Market Situation’ (“PMS”) under the WTO Anti-Dumping Agreement. This chapter discusses how the PMS method should be interpreted and applied and the implications of the Appellate Body’s recent decisions in the EU—Biodiesel dispute for the issue of PMS. The chapter then offers a brief overview of Australia’s application of the PMS method in anti-dumping actions, and the latest development of anti-dumping laws and practices in the US and the EU in this connection.

  • Debunking the Myth of ‘Particular Market Situation’ In WTO Antidumping Law
    Journal of International Economic Law, 2016
    Co-Authors: Weihuan Zhou, Andrew Percival
    Abstract:

    This article explores the issue of ‘particular Market Situation’ (PMS) in anti-dumping practice. PMS has become one of the most controversial issues in antidumping policy, as reflected for example in the bilateral trade activities between China and Australia, and will soon become a prominent issue at the World Trade Organization (WTO) level once the non-Market economy assumption (which is currently allowed under China’s WTO Accession Protocol) expires on 11 December 2016. Essentially, since some of the underlying concerns that led to the creation of such an assumption may endure following December 2016, countries may want to resort to other alternative methods to counteract Chinese imports. One such alternative is to resort to the notion of PMS which is foreseen in the WTO Antidumping Agreement. It is, therefore, important for the WTO tribunals to standardize the law and practice in relation to PMS. This article argues that the existence of a Situation in a Market, such as government interventions by means of regulation or financial assistance, does not in themselves constitute a PMS within the meaning of the Antidumping Agreement. Rather, a determination of a PMS must be based on an assessment of the comparability between domestic sale price and export price of the subject goods. A PMS should not be found to exist if an alleged price distortion has affected the two prices even-handedly such that a proper comparison of the prices would not be precluded. It is the responsibility of investigating authorities to undertake such an inquiry into comparability. Without such an inquiry, a finding of PMS cannot be justified and would likely result in a comparison between an undistorted normal value and a distorted export price in a manner contrary to the ‘proper comparison’ or ‘fair comparison’ standards which are enshrined in Article 2 of the Antidumping Agreement. The proposed approach to PMS finds support in the Antidumping Agreement itself, as well as in negotiating records of the General Agreement on Tariffs and Trade (GATT) and the WTO, and GATT and WTO jurisprudence. Importantly, it promotes free trade by prohibiting unjustified inflation of dumping margins and discouraging tit-for-tat abuse of PMS.

  • Panel Report on eu—Biodiesel: A Glass Half Full?—Implications for the Rising Issue of “Particular Market Situation”
    The Chinese Journal of Global Governance, 2016
    Co-Authors: Weihuan Zhou, Andrew Percival
    Abstract:

    This article provides a detailed analysis of the World Trade Organisation (“WTO”) panel report on the EU – Biodiesel dispute which represents the latest development of the WTO jurisprudence on anti-dumping. The panel’s decision has significant implications for the rising use of Particular Market Situation (“PMS”) by traditional users of anti-dumping (such as Australia) against economies like China in anti-dumping investigations. The panel correctly established that a finding of PMS does not provide a sufficient ground for the use of surrogate costs in the determination of constructed normal value (“CNV”) and that the use of that methodology would result in the imposition of anti-dumping duties in excess of dumping margins that should have been established consistently with the WTO Anti-Dumping Agreement, that is, by using actual costs recorded by exporters under investigation. It is argued that both Australia’s anti-dumping laws which essentially authorise the use of surrogate costs in the construction of normal value solely based on a finding of PMS and Australia’s use of that methodology in practice are contrary to WTO rules. The panel’s decision, therefore, is a positive step toward the resolution of the issues related to PMS by imposing constraints on the use of a protectionist methodology in determining CNV so as to prevent unjustified inflation of dumping margins and anti-dumping duties.

  • panel report on eu biodiesel a glass half full implications for the rising issue of particular Market Situation
    The Chinese Journal of Global Governance, 2016
    Co-Authors: Weihuan Zhou, Andrew Percival
    Abstract:

    This article provides a detailed analysis of the World Trade Organisation (“WTO”) panel report on the EU —Biodiesel dispute which represents the latest development of the WTO jurisprudence on anti-dumping. The panel’s decision has significant implications for the rising use of Particular Market Situation (“PMS”) by traditional users of anti-dumping (such as Australia) against economies like China in anti-dumping investigations. The panel correctly established that a finding of PMS does not provide a sufficient ground for the use of surrogate costs in the determination of constructed normal value (“CNV”) and that the use of that methodology would result in the imposition of anti-dumping duties in excess of dumping margins that should have been established consistently with the WTO Anti-Dumping Agreement, that is, by using actual costs recorded by exporters under investigation. It is argued that both Australia’s anti-dumping laws which essentially authorise the use of surrogate costs in the construction of normal value solely based on a finding of PMS and Australia’s use of that methodology in practice are contrary to WTO rules. The panel’s decision, therefore, is a positive step toward the resolution of the issues related to PMS by imposing constraints on the use of a protectionist methodology in determining CNV so as to prevent unjustified inflation of dumping margins and anti-dumping duties.

  • debunking the myth of particular Market Situation in wto anti dumping law
    2016
    Co-Authors: Weihuan Zhou, Andrew Percival
    Abstract:

    This article explores the issue of “particular Market Situation” (PMS) in anti-dumping practice. The issue has become one of the most controversial issues in the bilateral trade activities between China and Australia and in the negotiations of the China – Australia Free Trade Agreement. It is likely to become a problem on the multilateral level under the WTO once the non-Market economy assumption (allowed under China’s WTO Accession Protocol) expires after December 2016. It is, therefore, important for the WTO tribunals to standardise the law and practice in relation to PMS. The article argues that the existence of a Situation in the Market, such as government interventions by regulation and financial assistance, does not by itself constitute a PMS. Rather, a determination of PMS must be based on an assessment of the comparability between domestic selling price and export price of subject goods. A PMS should not be found to exist if an alleged price distortion has affected the two prices even-handedly such that a proper comparison of the prices would not be precluded. It is the responsibility of investigating authorities to undertake such an inquiry into comparability. Without such an inquiry, a finding of PMS cannot be justified and would be likely to result in a comparison between undistorted normal value and distorted export price contrary to the requirement of ‘proper comparison’ or ‘fair comparison’. This proposed approach to PMS finds support in the relevant GATT/WTO negotiating records and also in the GATT jurisprudence on PMS and WTO jurisprudence on related issues of antidumping and countervailing investigations. Importantly, it promotes free trade by prohibiting unjustified inflation of dumping margin and discouraging tit-for-tat abuse of PMS.

Andrew Percival - One of the best experts on this subject based on the ideXlab platform.

  • Debunking the Myth of ‘Particular Market Situation’ In WTO Antidumping Law
    Journal of International Economic Law, 2016
    Co-Authors: Weihuan Zhou, Andrew Percival
    Abstract:

    This article explores the issue of ‘particular Market Situation’ (PMS) in anti-dumping practice. PMS has become one of the most controversial issues in antidumping policy, as reflected for example in the bilateral trade activities between China and Australia, and will soon become a prominent issue at the World Trade Organization (WTO) level once the non-Market economy assumption (which is currently allowed under China’s WTO Accession Protocol) expires on 11 December 2016. Essentially, since some of the underlying concerns that led to the creation of such an assumption may endure following December 2016, countries may want to resort to other alternative methods to counteract Chinese imports. One such alternative is to resort to the notion of PMS which is foreseen in the WTO Antidumping Agreement. It is, therefore, important for the WTO tribunals to standardize the law and practice in relation to PMS. This article argues that the existence of a Situation in a Market, such as government interventions by means of regulation or financial assistance, does not in themselves constitute a PMS within the meaning of the Antidumping Agreement. Rather, a determination of a PMS must be based on an assessment of the comparability between domestic sale price and export price of the subject goods. A PMS should not be found to exist if an alleged price distortion has affected the two prices even-handedly such that a proper comparison of the prices would not be precluded. It is the responsibility of investigating authorities to undertake such an inquiry into comparability. Without such an inquiry, a finding of PMS cannot be justified and would likely result in a comparison between an undistorted normal value and a distorted export price in a manner contrary to the ‘proper comparison’ or ‘fair comparison’ standards which are enshrined in Article 2 of the Antidumping Agreement. The proposed approach to PMS finds support in the Antidumping Agreement itself, as well as in negotiating records of the General Agreement on Tariffs and Trade (GATT) and the WTO, and GATT and WTO jurisprudence. Importantly, it promotes free trade by prohibiting unjustified inflation of dumping margins and discouraging tit-for-tat abuse of PMS.

  • Panel Report on eu—Biodiesel: A Glass Half Full?—Implications for the Rising Issue of “Particular Market Situation”
    The Chinese Journal of Global Governance, 2016
    Co-Authors: Weihuan Zhou, Andrew Percival
    Abstract:

    This article provides a detailed analysis of the World Trade Organisation (“WTO”) panel report on the EU – Biodiesel dispute which represents the latest development of the WTO jurisprudence on anti-dumping. The panel’s decision has significant implications for the rising use of Particular Market Situation (“PMS”) by traditional users of anti-dumping (such as Australia) against economies like China in anti-dumping investigations. The panel correctly established that a finding of PMS does not provide a sufficient ground for the use of surrogate costs in the determination of constructed normal value (“CNV”) and that the use of that methodology would result in the imposition of anti-dumping duties in excess of dumping margins that should have been established consistently with the WTO Anti-Dumping Agreement, that is, by using actual costs recorded by exporters under investigation. It is argued that both Australia’s anti-dumping laws which essentially authorise the use of surrogate costs in the construction of normal value solely based on a finding of PMS and Australia’s use of that methodology in practice are contrary to WTO rules. The panel’s decision, therefore, is a positive step toward the resolution of the issues related to PMS by imposing constraints on the use of a protectionist methodology in determining CNV so as to prevent unjustified inflation of dumping margins and anti-dumping duties.

  • panel report on eu biodiesel a glass half full implications for the rising issue of particular Market Situation
    The Chinese Journal of Global Governance, 2016
    Co-Authors: Weihuan Zhou, Andrew Percival
    Abstract:

    This article provides a detailed analysis of the World Trade Organisation (“WTO”) panel report on the EU —Biodiesel dispute which represents the latest development of the WTO jurisprudence on anti-dumping. The panel’s decision has significant implications for the rising use of Particular Market Situation (“PMS”) by traditional users of anti-dumping (such as Australia) against economies like China in anti-dumping investigations. The panel correctly established that a finding of PMS does not provide a sufficient ground for the use of surrogate costs in the determination of constructed normal value (“CNV”) and that the use of that methodology would result in the imposition of anti-dumping duties in excess of dumping margins that should have been established consistently with the WTO Anti-Dumping Agreement, that is, by using actual costs recorded by exporters under investigation. It is argued that both Australia’s anti-dumping laws which essentially authorise the use of surrogate costs in the construction of normal value solely based on a finding of PMS and Australia’s use of that methodology in practice are contrary to WTO rules. The panel’s decision, therefore, is a positive step toward the resolution of the issues related to PMS by imposing constraints on the use of a protectionist methodology in determining CNV so as to prevent unjustified inflation of dumping margins and anti-dumping duties.

  • debunking the myth of particular Market Situation in wto anti dumping law
    2016
    Co-Authors: Weihuan Zhou, Andrew Percival
    Abstract:

    This article explores the issue of “particular Market Situation” (PMS) in anti-dumping practice. The issue has become one of the most controversial issues in the bilateral trade activities between China and Australia and in the negotiations of the China – Australia Free Trade Agreement. It is likely to become a problem on the multilateral level under the WTO once the non-Market economy assumption (allowed under China’s WTO Accession Protocol) expires after December 2016. It is, therefore, important for the WTO tribunals to standardise the law and practice in relation to PMS. The article argues that the existence of a Situation in the Market, such as government interventions by regulation and financial assistance, does not by itself constitute a PMS. Rather, a determination of PMS must be based on an assessment of the comparability between domestic selling price and export price of subject goods. A PMS should not be found to exist if an alleged price distortion has affected the two prices even-handedly such that a proper comparison of the prices would not be precluded. It is the responsibility of investigating authorities to undertake such an inquiry into comparability. Without such an inquiry, a finding of PMS cannot be justified and would be likely to result in a comparison between undistorted normal value and distorted export price contrary to the requirement of ‘proper comparison’ or ‘fair comparison’. This proposed approach to PMS finds support in the relevant GATT/WTO negotiating records and also in the GATT jurisprudence on PMS and WTO jurisprudence on related issues of antidumping and countervailing investigations. Importantly, it promotes free trade by prohibiting unjustified inflation of dumping margin and discouraging tit-for-tat abuse of PMS.

Yang Wei - One of the best experts on this subject based on the ideXlab platform.

Bai Haidan - One of the best experts on this subject based on the ideXlab platform.

  • Analysis of Market Situation of caustic soda at home and abroad
    Chlor-alkali Industry, 2012
    Co-Authors: Bai Haidan
    Abstract:

    The industrial status of caustic soda at home and abroad is introduced.The Market of caustic soda is analyzed.The development trend of caustic soda industry in the next 5 years is forecasted.The caustic soda production capacity of our country already accounts for above 1/3 of the world's total and there is a risk of overcapacity.

  • Market Situation of PVC in China
    Polyvinyl Chloride, 2012
    Co-Authors: Bai Haidan
    Abstract:

    The production Situation and consumption Situation of PVC in China in the year 2011 were introduced.Based on the detailed import export data and the price movement of PVC,the consumption and Market Situations of PVC were predicted.

Li Zi-tuo - One of the best experts on this subject based on the ideXlab platform.