Double Remedy: Beyond the Non-market Economy Status
The chapter traces the regulatory regime of the US and the EU for conducting parallel anti-dumping and anti-subsidy investigations against imports from non-market economies. It examines the problem of double remedy, its economic rationale and the impact of the WTO Appellate Body report in US—Anti-Dumping and Countervailing Duties on the practice of the investigating authorities. In particular, it assesses the relevance of double remedy issue following the expiry of the relevant provisions of China’s WTO Accession Protocol and the upcoming termination of Vietnam’s Accession Protocol. In the light of the US opposition to grant China market economy status and the EU’s new methodology for the calculation of the normal value which allows to disregard exporter’s domestic prices in the anti-dumping investigations, it concludes that double remedy problem is likely to remain relevant in future trade relations between China and its trading partners.