Legal Resolutions On The United States’ Countervailing Measures Against Chinese Products

As China joined the WTO since2001, trade had made rapid development, whichbecame the world’s second-largest exporter of goods. Meanwhile, disputes hadsharply rising in Sino-US trade. At present, anti-subsidy instruments are the mainremedying means in Sino-US trade. By studying how United States anti-subsidy lawapply to China, China has the theoretical and practical basis for the United States dualcounter-investigation against China, so that it achieves following targets: Firstly,analyzes the detailed operations of United States anti-subsidy against China, theeffect of remedies it may pursue for United States domestic industries, the economicand policy fields of China it may concern or target at and the impact it may bring toChina, through looking into non-market-economy status and the dual remedies ofanti-dumping and anti-subsidy as well as serving specifically in the countervailingcase against China. Secondly, explores relevant suggestions for China in legal aspectregarding how to further deal with these issues.In the first place, through analyzing the fact of United States anti-subsidy againstChina and the cause of China encountering anti-subsidy by United States frequently,so that we understand the impact which the problem is so critical.In the second place, analyzes the application of the US anti-subsidy law to China.Though analyzing legislative practice which brings non-market-economy country intoanti-subsidy law range. Focusing the problem of the using of dual counter-measures,analyzes the application of United States practice of anti-subsidy law against China.Lastly, how to protect China’s benefits in trade with the US. How to perfect froma legislative and practical level, constantly playing chess in Sino-US trade.This article attempts to explore United States anti-subsidy against China and itsinfluence to China. from the point of view of theory and practice as well as law andeconomics. Through analyzing the fact of United States anti-subsidy against China,illuminates from the legislation and practice, focusing its analysis on two problems ofUnited States anti-subsidy against China: non-market-economy and dualcounter-measures, the special policy and practice carried out by United States against Chinese product, resulted in the dual remedies and over protection to their domesticindustries. Due to many economic fields are concerned in anti-subsidies, and certainof them related to macro-economic policies and system, the impact for China can’t beignored, which requires that the government as well as companies concerned musttake long-term consideration and preparation, explores relevant suggestionspositively.This article’s significance following conclusions is: as more and more Chineseexport products suffering United States anti-subsidy investigation, meanwhile, UnitedStates adopts dual counter-measures for China, the problem of dual remediescommonly exiting. Not only United States dual counter-investigation brings adverseeffects for China enterprise on micro-level, but also brings challenges that can’t beignored for Chinese macro-economic policies. Meanwhile, United States anti-subsidymeasures against China will also cause other countries and large areas of the regionfollowing, it will make China suffer a new wave of anti-subsidy, the situation dealingwith is quite grim. Against this background, analyzing United States anti-subsidyproblem, theoretical and regular basis, practice, the effect of remedies and theaffected fields and so on, so that explores relevant suggestions for China regardinghow to further deal with these issues, it has a larger significance.In the conditions of which China has joined WTO for11years, it has enteredWTO of post transition period, as Sino-US trade deficit increasing constantly,Sino-US trade disputes are more and more fierce for decades years in future, so it’s animportant topic how China to base and develop in world anti-subsidies waves. Notonly considers China’s responsive capacity of crisis, but also China looks foropportunities for achieving global economic of common development.