Partner Paul Rosenthal
co-authored the Global Trade and Customs Journal
article “The People’s Republic of China: A Market Economy or A Non-market Economy in Anti-dumping Proceedings Starting on December 12, 2016?” The article discusses how China's Non-Market Economy (NME) poses a problem for countries that import Chinese products with computing reliable dumping margins based on arm's-length prices and costs. When it joined the World Trade Organization in December 2001, China agreed in its Protocol of Accession to be treated as a NME for 15 years. China's position now is that a market-economy methodology must thereafter automatically be used in all antidumping proceedings against China. Under the Protocol's terms, however, that shift is not required except to the extent China demonstrates it has made the transition to a market economy under the importing country's national law.