EU member states agree that anti-dumping legislation adopts "market distortion" standards

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Abstract On May 3, EU member states reached an unanimous stance on amending anti-dumping legislation, agreeing that in the future anti-dumping investigation, the World Trade Organization members will no longer use the "alternative country" approach, but adopt "market distortion".
EU member states reached an unanimous stance on the revision of anti-dumping legislation on May 3, agreeing to use the “substitute country” approach for WTO members in future anti-dumping investigations, and adopt new concepts and standards of “market distortion”. This move is considered a violation of WTO rules and is a protectionist approach.
According to the agreement reached on the same day, in the anti-dumping case, the EU will judge whether there is “market distortion” in the country under investigation or the industry under investigation, and on the basis of confirming “distorting facts”, refer to “international market prices” or have the same economic development. The level of third-country product prices and costs is used as a standard to calculate the dumping margin.
Reference criteria for determining distortions in a country or industry include: government policies and influence, the proportion of state-owned enterprises, whether local companies receive preferential subsidies, the independence of financial institutions, the full implementation of bankruptcy laws, company law, and property law. .
The agreement was based on a proposal put forward by the European Commission last November. According to EU regulations, the agreement also needs to be approved by the European Parliament.
Analysts pointed out that the new anti-dumping standards adopted by EU member states do not use the price of exporting countries, but the "international price" to calculate the cost of export products is the use of "substitute countries" in disguise, changing the practice of changing medicines, in violation of the WTO. rule. There is no concept or definition of “market distortion” in the WTO rules. It is unilaterally proposed by the EU and is inconsistent with WTO rules.
Experts believe that in the current world economic recovery is still very uncertain, if the EU is attached to upgrading the trade protection system, it will undermine the spirit of the EU's rule of law and international credibility, and undermine global confidence in multilateral trade rules and systems. The economic order has caused tremendous damage.

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