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The Analogue Method Comes Unfastened – The Awkward Space Between Market and Non-Market Economies in EC-Fasteners (Article 21.5)

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  • Ilaria Espa
  • Philip I. Levy

Abstract

The compliance Appellate Body decision marks the latest twist in the long-running EC-Fasteners dispute. The question before the AB is whether the European Union complied with earlier rulings on its antidumping procedures. Broadly, the AB found that the EU had not, generally ruling in favor of the People’s Republic of China. In the process, the AB raised interesting questions about what it means to be a Non-Market Economy (NME) in the WTO. While NME status has traditionally led to large dumping margins, the AB approach in this case may lessen the consequences for China. Among other things, the case raises the interesting and important question of how pervasive the taint of NME status may be when calculating margins. By allowing for adjustments of certain costs, the AB seems to constrain the more draconian analogue country methodology of calculation.

Suggested Citation

  • Ilaria Espa & Philip I. Levy, 2017. "The Analogue Method Comes Unfastened – The Awkward Space Between Market and Non-Market Economies in EC-Fasteners (Article 21.5)," RSCAS Working Papers 2017/62, European University Institute.
    • Handle: RePEc:rsc:rsceui:2017/62
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    References listed on IDEAS

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    1. Bown, Chad P. & Mavroidis, Petros C., 2013. "One (Firm) Is Not Enough: A Legal–Economic Analysis of EC–Fasteners," World Trade Review, Cambridge University Press, vol. 12(2), pages 243-271, April.
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      More about this item

      Keywords

      WTO Antidumping Agreement; Non-Market Economy; Analogue Country Methodology; EU; China;
      All these keywords.

      JEL classification:

      • P33 - Political Economy and Comparative Economic Systems - - Socialist Institutions and Their Transitions - - - International Trade, Finance, Investment, Relations, and Aid

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