EC -- Fasteners: Opening the Pandora's Box of Non-Market Economy Treatment

Michelle Q. Zang

Journal of International Economic Law, 2011, vol. 14, issue 4, 869-892

Abstract: On 15 July 2010, the Appellate Body of the WTO circulated its report in EC -- Fasteners. In its report, the Appellate Body, for the first time, adjudicated the issue of non-market economy (NME) treatment towards imports from China and provided plausible interpretations of China's special commitments under the Accession Protocol and certain articles of the Anti-Dumping Agreement. However, a number of NME-related questions remain unanswered owing to the scope of claims submitted by the applicants. Insofar as the enforcement of WTO rulings is concerned, legislation amendments, as required in the report, are imperative during the implementation process of the European Union. Furthermore, there is also the chance that the European Court will award duty repayment to importers that have been subject to NME country-wide duties. Oxford University Press 2012, all rights reserved, Oxford University Press.

Date: 2011
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