| In recent years, the simultaneous imposition of antidumping duty (AD) andcountervailing duty (CVD) investigations on Chinese products are becoming the newfocus in Sino-US trade friction. On October24,2011, the DOC and ITC institutedanti-dumping duty and countervailing duty investigation of imports of crystallinesilicon photovoltaic cells and modules from China, which means that the scope of ADand CVD investigations have gradually expanded to the high-tech field, and thus theChinese high-tech industry and international trade will be severely injured. In thiscase, the petitioner and the investigative authorities violated WTO agreements andprinciples. They defined the like product, material injury, public institution andsubsidies illegally to protect its domestic industry. In addition, the investigativeauthorities haven’t fulfilled their obligation to collect and analyze the evidences. Theinvestigative authorities’ conclusion of the simultaneous imposition of AD and CVDinvestigations to Chinese products was considered as wrong conclusion, and thecalculation method of the case couldn’t avoid illegal double remedies. The petitionerand the investigative authorities argued with the defendant on three issues, they wereif there was material injury, if there were subsidies that should be restricted by SCMagreement, if there were double remedies. Those issues were attributed to theimperfect of WTO rules and the different advantages of China and the USA. In orderto solve those issues, provide reference for the similar cases, and promote theimprovement of WTO rules and the development of fair trade, the thesis suggests thatadopting market analysis method primarily and considering other factors related is agood way to define the like product. Moreover, the investigative authorities’discretion should be regulated. To solve the second argument, China should try toobtain the special treatment of developing country and transition economy countrystatus. Besides, China should adjust and optimize subsidy legislations and policies.Finally, to solve double remedies, we suggest clarifying the burden of proving andregulating the discretion of investigative authorities. Furthermore, we should makeevery effort to obtain the market economy status. |
