Treatment of Non-market Economies in Anti-dumping Proceedings: The Mexican Approach
Mexico has employed special methodologies for price-determination and calculation of dumping margins against Chinese imports in almost all anti-dumping investigations. This chapter attempts to explain and analyze the NME-specific procedures employed by Mexican authorities in anti-dumping proceedings against China. It also clarifies the Mexican standpoint on the controversial issue of how the expiry of Section 15(a)(ii) of China’s Accession Protocol to the WTO impacts the surviving parts of Section 15 of the Protocol, and whether Mexico has changed its treatment towards Chinese imports following the expiry of Section 15(a)(ii) post 12 December 2016.
KeywordsMexico Non-market economy Burden of proof China Anti-dumping
I am indebted to the Mexican Ministry of Economy and in particular the UPCI officials who have provided valuable insiders’ insight to this research project. I am also thankful to private trade lawyers who have enriched this research with their guidance and views. Special thanks to Jorge Miranda for his feedback. Also, thanks to my brilliant research assistants, Lorena Martinez and Emilio Aguilar Castellano, who have contributed to the statistical analysis and translation work that was required for this chapter. All interviewees remain anonymous. All errors and omissions are author’s own.