多年来,中国应对国际反倾销始终受非市场经济地位困扰。2011年WTO上诉机构在中国诉欧盟紧固件案中,首次裁定欧盟滥用替代价,改变了人们根深蒂固的传统观念,打破了对非市场经济国家反倾销中替代价制度不可挑战的神话。中方在ADA第2。4条价格公平比较条款中的程序性险胜,为中方在2012年欧盟该案败诉执行中赢得了ADA第2。4条的实体性胜诉,迫使欧盟下调税率23%,其意义不亚于中国获得市场经济地位,标志着中国在反倾销非市场经济规则适用上的重大突破。
For many years,China was hampered by its non-market economy status in dealing with international anti-dumping actions. In 2011,WTO Appellate Body determined in the EU-fasteners case that the EU had abused analogue price,the result of which has changed ingrained traditional idea that it would never be challenged for application of analogue price to non-market economy countries in anti-dumping proceedings. Although China won by a very narrow margin a procedural point for fair price comparison according to Art. 2.4 of ADA,this allows China to defeat the EU for its abusing substantive rules of Art. 2.4 of ADA in the implementation of WTO AB ruling with a significant decrease of AD duty by 23% in 2012. The importance of the success in EU-fastener case is likely a success of obtaining Market Economy Status:it is a successful breakthrough for China in fair application of non-market economy rules.