A Case Study Of United State-Countervailing Duty Measures On Certain Products From China

China has been joined the WTO 15 years from 2001, with the deeply development of reform and opening up,China’s economy, comprehensive national strength and international status have been continued to improve, but followed by Europe and the United States and other developed countries as representative of the countervailing and anti-dumping investigation.In recent years, the United States-Countervailing Duty Measures on Certain Products from China is an important case between China and United States in the WTO subsidies countervailing. In this case, China deals with 22 products from United States countervailing investigation of the problems in the form of packaged. It has representative significance. United States-Countervailing Duty Measures on Certain Products from China experienced the panel and the appellate body stages experienced more than two years,the appellate body report is release on Dec 18,2014.United States-Countervailing Duty Measures on Certain Products from China involves several focus problems in the WTO subsidies countervailing rules, including “the cognizance of public institutions”,“Regional specificity of land-use rights”,“Calculation the interest applicable benchmark” and so on。Panel or the appellate body consider that: China has provided sufficient evidence to support its assertion that in each of these investigations the USDOC determined that the relevant input suppliers were public bodies on the grounds that these suppliers were majority-owned or otherwise controlled by the Government of China, either on the basis of the evidence recorded or by assuming such government ownership or control when the USDOC applied facts available; in the challenged investigations, the USDOC fails to establish that the subsidies in question are limited to certain enterprises located within a designated geographical region; The appellate body find that the USDOC’s analysis and explanation for rejecting "prices stemming from private transactions" in China in its benchmark analysis is inconsistent with the obligations of the United States, the USDOC’s rejection of private prices as potential benchmarks in the investigations at issue on the grounds that such prices are distorted was wrong.Because the above focus questions is the common problem in countervailing dispute, the purpose of writing this paper is to acquire deeper and more clear comprehension, and hope to help China deal with anti-subsidy dispute in the future.This paper focuses on specific case, through the analysis of the WTO panel and the appellate body report, and then understands the view of the research questions, thanks to translation the first-hand information, so this paper is targeted and authenticity. The focus questions in this paper is not the first time in subsidies countervailing, This paper is rather comparative based on the research of the same focus problems in the past cases is comparative.