United States-Countervailing And Anti-dumping Measures On Certain Products From China

On March 13, 2012, Congress passed a bill GPX, which authorized the Commerce Department to impose countervailing duties on non-market economy countries, and can be traced back to all countervailing cases that began on November 20, 2006, directly affect the investigation on both sides of the United States to China, a great influence on China’s foreign trade, therefore, on September 17, 2012, China appealed to the WTO dispute settlement body about United States on imports of some products from China’s anti-subsidy and anti-dumping measures. Released on March 27, 2014, the WTO panel report, says the United States public law 112-99 did not violate WTO rules. On April 8, 2014, China appealed to WTO dispute settlement body application; On April 17, the United States also appealed to the WTO dispute settlement body. On July 7, 2014, the WTO appellate body on China v. United States imports of some products from China’s anti-subsidy and anti-dumping measures(DS449) ruling published reports. The case was able to come to an end.The author refers to a large number of web pages, books, browse the theory study of case information, on the basis of literature research, case analysis and comparative research, the study from the perspective of the parties to the dispute of the United States and China, to study the panel and the appellate body report in full, deep into the case analysis, and to china in the responses to summarize the experience and lessons, in order to respond to provide reasonable suggestions for the future similar cases in our country.Full text is divided into three parts, about fifteen thousand words, including the case introduction, case analysis case enlightenment.The first part is the case introduction, is divided into two sections, from the case of Chinese basic case, the WTO dispute case v. the United States tariff act amendments and summarizes the focus of the dispute.Case analysis of the second part is the core part of the article, divided into three sections, respectively is 1. PL112-99 is consistent with article 10.2 of the GATT1994 or not. 2. The interpretation of the GATT1994 article 10.2 and apply 3,based on SCM article 10, 19.3, puts forward the idea of whether with "on dispute settlement rules and procedures of understanding"(DSU) consistent with article 6.2, carries on the analysis discussion.Third part case raise countermeasures revelation, because of the Chinese government and enterprises face the similar cases were analyzed, and the later mainly three aspects, respectively is domestic, international, and economy three aspects to analyze.