American Countervailing Case Studies In China

The countervailing measure is one of the three trade remedymeasures, widely used by the members of WTO. The United States hasmost complete subsidy and countervailing measure system and also mostproficient application, which have important reference meanings to thetrade practice of our country. Since the Coated Free Sheet Paper case in2006, the United States has been initiating countervailing dutyinvestigations about products from China most consequently comparedwith any other WTO member. On March,13th in2012, the new revisionof Tariff Act of the United States went into effect, which cleared thelegal barriers against the United States collecting countervailing dutieson non-market economy countries. Facing the increasingly seriouscountervailing measures of the USA, we should speed up the research ofthe American countervailing law and practice to safeguard thedevelopment of China’s foreign trade.This paper is divided into five parts. The first part is the regulationresearch on the United States’ countervailing law, to provide legal andtheoretical basis for the practice research; the second part analyzes thereasonableness of the USA taking countervailing measures on China inWTO legal framework, which analyzes the application cases ofAmerican countervailing measures on non-market economy countries;The third part, from the overall, analyzes the present situation andcharacteristics of the United States’ countervailing practice on China,basing on the real cases; The fourth part analyzes the mainly accusedsubsidies of China by the USA in the form of case analysis; The fifthpart discusses practices yet to be improved, which are inflected by cases.‘From practice and back to practice’ is an effective and reliableproblem solution method. The innovation of this article is just case study.Having collected and studied considerable original case documents, theauthor selectively uses them in this article. Facing the large-scalecountervailing investigations by the United States and China’sinsufficient response, the article focuses on cases, combines theorieswith practices and emphasizes on practical analysis, which solves theshortage of the law and handling methods to a certain extent.