China’s Long March to Market Economy Status: An Analysis of China’s WTO Protocol of Accession and Member Practices
The debate on the market economy status of China is possibly one of the most critical issues in the field of international trade law. While the use of non-Chinese costs and prices in anti-dumping proceedings hinges on the interpretation of Section 15 of China’s Protocol of Accession, individual WTO Members have undertaken peculiar and ingenious methods to address State intervention in the Chinese market. This chapter discusses the legal nuances of the debate on Section 15 and argues that despite the expiry of Section 15 (a)(ii), the use of surrogate prices can be justified through reliance on the surviving parts of Section 15. The chapter also analyses country specific practices of key anti-dumping users to determine the different practices adopted by these Members to continue rejection of Chinese costs and prices, even after December 11, 2016.