Normal Value in Anti-Dumping Proceedings against China Post-2016: Are Some Animals Less Equal Than Others?

This article attempts to show that from 12 December 2016, WTO Members can no longer use the analogue country or similar methodologies as the basis for normal value calculations in anti-dumping proceedings targeting China and should rather use Chinese domestic prices or costs. However, contrary to what some would like decision-makers to believe, this does not mean that the EU or other WTO Members will have no defence against genuine Chinese dumping practices. Other provisions in either the ADA or the SCM Agreement offer sufficient guarantees against that. Furthermore, our assessment of the manner in which the Commission has conducted MES reviews casts doubt on the quality of the evidentiary base used, on the apparent willingness to give some trading partners the benefit of the doubt but not to others, and on the utility of the review process as a lever to encourage reforms in transition economies, such as China.