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The Issue of ‘Particular Market Situation’ Under WTO Anti-dumping Law

  • Weihuan ZhouEmail author
Chapter

Abstract

The expiry of the so-called NME Methodology under China’s WTO Accession Protocol has led to the search for potential alternatives to continue to treat China as an NME in anti-dumping actions, and the growing importance of the concept of ‘particular market situation’ (“PMS”) under the WTO Anti-Dumping Agreement. This chapter discusses how the PMS method should be interpreted and applied and the implications of the Appellate Body’s recent decisions in the EUBiodiesel dispute for the issue of PMS. The chapter then offers a brief overview of Australia’s application of the PMS method in anti-dumping actions, and the latest development of anti-dumping laws and practices in the US and the EU in this connection.

Keywords

Particular market situation EU—Biodiesel Proper comparison Anti-dumping agreement 

Copyright information

© Springer Nature Singapore Pte Ltd. 2018

Authors and Affiliations

  1. 1.Faculty of LawUniversity of New South WalesSydneyAustralia

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