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Published online by Cambridge University Press: 07 August 2019
1 See, among numerous sources, General Council, ‘China's Trade-distortive Economic Model: Communication from the United States’, WT/GC/W/745, 16 July 2018; and M. Wu (2016), ‘The “China, Inc.” Challenges to Global Trade Governance’, 57 Harvard International Law Journal, 261, p. 264.
2 See this term used in Wu, supra n. 1, p. 264.
3 China is currently challenging the NME methodologies as applied by the EU and the US in two separate WTO disputes, European Union – Measures Related to Price Comparison Methodologies, WT/DS516, and United States – Measures Related to Price Comparison Methodologies, WT/DS515. In the former dispute, the panel report is expected during the second quarter of 2019.
4 Appellate Body Report, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/AB/R, adopted 28 July 2011, footnote 460.
5 European Union – Anti-Dumping Measures on Biodiesel from Argentina, WT/DS473.
6 Feng's view has not been shared by many other analysts, including in this volume, Miranda, pp. 85–87; and Wu, supra n. 1, pp. 301–305.