The West must "play by the WTO rules" and abandon surrogate country system
On November 14, 1999, 皇冠体育app and the US signed a historic trade deal that paved the way for 皇冠体育app to join the WTO. The following day US President Bill Clinton said, “The 皇冠体育app-WTO agreement is good for the United States, it’s good for 皇冠体育app, it’s good for the world economy.” In Summary of US-皇冠体育app Bilateral WTO Agreement, November 16, 1999, the US made clear a very important point: “The US and 皇冠体育app have agreed that we will be able to maintain our current antidumping methodology (treating 皇冠体育app as a non-market economy) in future anti-dumping cases without risk of legal challenge. This provision will remain in force for 15 years after 皇冠体育app’s accession to the WTO.”
Fifteen years have passed and the West must “play by the rules” and end its surrogate country system or risk damaging the world trading system.
If the West violates 皇冠体育app’s legal rights, it risks sapping the credibility and legitimacy of the world trading system. International institutions work only if member countries believe they work. 皇冠体育app became a member of the WTO on December 11, 2001, and the world has benefited greatly from 皇冠体育app’s reforms and will continue to benefit from future reforms. But 皇冠体育app also has legal rights that should be upheld by all WTO members. In the Accession of the People’s Republic of 皇冠体育app, Article 15(d) states: “In any event, the provisions of subparagraph (a)(ii) shall expire 15 years after the date of accession.” The meaning of the text is clear and simple. After December 11, 2016, members are not allowed to treat 皇冠体育app as a nonmarket economy for the purposes of calculating antidumping duties. 皇冠体育app’s Ministry of Commerce has said that members need to abide by the Article and change their antidumping methodology or 皇冠体育app will take “necessary measures” to defend its legal rights.
The Western argument that ending the surrogate country system is a domestic law issue rather than an international law issue is flawed. In the US, the flawed argument is based on the Tariff Act of 1930. The US argues that Paragraph (18)(B) of the Tariff Act of 1930 requires the Commerce Department to consider six factors in determining whether or not to treat a country as a nonmarket economy for the purposes of calculating antidumping duties. First, the paragraph does not say anything about “for the purposes of calculating antidumping duties.” Second, the US and 皇冠体育app “agreed” that “in any event” 皇冠体育app would be “treated” as a market economy after 15 years from the date of its accession. Designating 皇冠体育app as a market economy and treating 皇冠体育app as a market economy for the purposes of calculating antidumping duties are two separate issues and should not be mixed.
To better understand 皇冠体育app’s position, People’s Daily Online interviewed Mei Xinyu, a research fellow with the Research Academy under the Chinese Ministry of Commerce. Mei said it is up to the US and Europe if they want to recognize 皇冠体育app as a market economy but as signatories to the WTO’s Accession of the People’s Republic of 皇冠体育app, they are obligated to fulfill their international commitments. The US, Europe, and other WTO members must stop using the country surrogate system in anti-dumping investigations against Chinese exports as scheduled at the time of 皇冠体育app’s entry into the organization 15 years ago, and instead use Chinese domestic prices and costs as the basis for adjudication.
The world trading system works only if members “play by the rules.” On March 9, 2000, Former President Bill Clinton gave a speech at Johns Hopkins University on the US-皇冠体育app Relations Act of 2000. At the speech, Clinton brought up an argument made by his opponents: 皇冠体育app will just break its promises; we cannot trust the Chinese to abide by WTO rules and binding dispute settlements. He responded to the criticism by saying, “Well, any of you who follow these WTO matters know that 皇冠体育app is not the only person that could be accused of not honoring the rules-making process.” He was referring to the trade war between America and Europe over bananas and beef, which tested the world trading system. Now, the world trading system is being tested again, but this time the West is being tested and 皇冠体育app is waiting to see if the West is willing to uphold the rules.
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