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Abstract

Anti-dumping (AD) is a legal institution that allows an importing country to impose a reciprocal duty to neutralize the effect of unfair pricing by an exporting firm in an importer’s market. The regime of AD has been well stipulated in WTO documents and analyzed by many scholars worldwide. However, among AD rules, non-market economy (NME) status has not received adequate attention. Meanwhile, the absence of WTO rules explicitly regulating NME status and the wide discretion of importing countries in AD investigations place exporting alleged NME countries at a disadvantage, particularly when normal value calculation methodologies are used. This practice undermines the fundamental principles of non-discrimination and transparency of the WTO. This article examines the present WTO rules and jurisprudences concerning NME status and then makes some proposals for reforming NME regulations and discusses their feasibility in practice.

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