For the purposes of assessing antidumping duties, the United States and the European Union classify China as a non-market economy. Designating China as such allows the U.S. and EU to calculate tariffs using a different methodology that is used for market economy imports. Depending on the country's point of view, the non-market economy method is either convoluted or a de facto way for the administrating authorities to set whatever tariff they want. An analysis of the antidumping duty assessed by the U.S. Department of Commerce on garlic imports from China reveals two things: first, how difficult it is to calculate tariffs on imports from non-market economies; and second, how unpredictable the final duty imposed often is. This Comment then proposes a different, more data-driven methodology for calculating antidumping duties that would likely produce more predictable results while also demonstrating to China a willingness to work towards a solution.
What a Dump! The Current State of Antidumping Duty Calculations in Non-Market Economy Cases,
Emory Int'l L. Rev.
Available at: https://scholarlycommons.law.emory.edu/eilr/vol32/iss3/4