| The essay focuses on the legal issues refers to the anti-dumping and countervailing duty based on WT/DS427. On July 4th,2014, MOFCOM addressed a public notice that decided to re-investigate on the broilers that import from United States. After nine months’ re-investigation, MOFCOM decided to impose anti-dumping and countervailing duties on broilers which imported from United States. After that,US accepted the decision under DSU agreement. The case "WT/DS427" finally came to the end. This was the first case that China initiated an anti-dumping and countervailing investigation on United States in the field of agricultural, as well as the newest ending case in trade remedy. The legal issues which it has reflected are updated and representatives.The main purpose of this paper is to analysis both procedure and substantial issues in WT/DS427, in a manner of practical and theoretical. Although China imposed the anti-dumping and countervailing duty on United States in the end, it still has a lot of problems in procedure and substantial during the whole process of investigation. The lack of due process in the investigation cannot be ignored. At the dumping investigation, United States claimed that China acted inconsistently with WTO rules. For example, China didn’t hold an hearing even US government request for. China also didn’t offer US government and other parties the non-confidential summary, which is not consistent with the principle of transparency of WTO. China ’s inconsistence of the WTO rules is failed to comply the obligation to WTO members.During the re-investigation of MOFCOM, United States still claimed that MOFCOM acted inconsistently with WTO rule of the process. In fact, MOFCOM had held a hearing after United States requested. This will be a good experience for China in the future investigation process. Furthermore, this paper will introduce the process that when United Stated take a anti-dumping and countervailing duty.The authority may have discretion when initiate a investigation. The authority make decision depends on different case. After entering WTO, China has made its regulations similar with WTO rules, especially in the field of trade remedy. In result, China can protect its interests by using mature regulations as a weapon. However, there are still lots of problems to solve., for example the disclosure of the data MOFCOM used in making Final Determination. We hope to give some useful advise through analysis WT/DS427.The paper contains four parts., beside introductions and conclusions. The contexts are as follows:The first chapter introduces the basic status of anti-dumping and countervailing duties. Simply introduce the background of WT/DS427 and the question the paper is going to discuss.The second chapter mainly analyze the legal issues of the process in WT/DS427 compared the other cases’ panel report.The third part mainly introduce the substantive part and focus on domestic industry, injury determination and causation analyze.The last part readdress the purpose and meaning of writing this paper. Make conclusion on the legal issue of anti-dumping and countervailing investigation. In this part, the paper will also give some advice based on the foregoing analysis and the process in United States. |
