Analysis On Double Remedy Issue Among Trade Remedy Measures Towards China

Beginning from the “Coated Paper” case, both the United States and theEuropean Union started to impose anti-dumping and countervailing dutiessimultaneously towards China, which is definitely against their principle and practicein the past. Cases of anti-dumping and countervailing measures are dramaticallyincreasing，influencing more industries and striking enterprises gravely in China.Both Chinese government and enterprises tried hard to seek ways for protection andremedy, which brought about case DS379and GPX. The legality of imposing anti-dumping and countervailing duties simultaneously and “double remedy” has beenwidely discussed. Basing on the current study and the most updated cases, this articleaims to analyze and finally provide advises on how to handle such measures in thefuture.In the first Charter, the definition of “imposing anti-dumping and countervailingduties simultaneously” and “double remedy” will be clarified. Thereafter, there willbe a analysis on the relationship among “imposing anti-dumping and countervailingduties simultaneously”,“double remedy” and “Non-market economy methodology”.Questions like how “double remedy “is caused, whether “imposing anti-dumping andcountervailing duties simultaneously will inevitably cause double remedy, what is theinfluence of NME on the result will be resolved.The second Charter will focus on the laws and provisions of WTO. In detail, thearticle will analyze WTO laws and provisions relating to “double remedy”, such asArticle6.5of GATT1944,“Tokyo Round Subsidy Policy”, Article19.3and19.4ofSCM etc. The analysis will be based on the wording of the articles as well as the interpretation of WTO dispute settlement body in case DS379.Thereafter, this articlewill give conclusion regarding WTO’s attitude towards trade remedy measures and“double remedy:.The third Charter will focus on provisions and practices of the United States andEuropean Union. This article will demonstrate and analyze important laws andprovisions, cases relating to “double remedy” and the “less duty “principle applied bythe European Union. There will also be a comparison between method of the UnitedStates and European Union on whether to and how to avoid double remedy whenimposing anti-dumping and countervailing duties together.Finally, basing on the analysis above, this article will predict the prospect ofimposing anti-dumping and countervailing duties simultaneously and “doubleremedy” going forward. Last but not the least, this article will provide advises on howto deal with this matters.