Application Of Adverse Facts Available Used In Us’s Countervailing Against China

Trade conflicts between China and the United States has, over the last years, been on the rise amidst bilateral trade development. China has encountered countervailing cases far more than any other countries posed by the United States for nine successive years, taking up to 43 cases until January,2015. Statistics has shown that United States Department of Commerce has adopted Adverse Facts Available (AFA) rule against China in every concluded cases. The abuse of AFA rule has badly damaged interests of the Chinese enterprises concerned, resulting in fatal crisis to them. This thesis, on the basis of the final ruling reports, analyzes the circumstances under which the AFA rule was adopted in countervailing cases against China from government subsidized items as well as the repealing enterprises’actions point of view. With case analysis of the "Crystalline Silicon Photovoltaic Products case", this thesis tries to analyze certain behavior made by government and enterprises in the appealing courses, and points out unreasonable actions made by United States Department of Commerce and the inadequate behavior of the Chinese government and the Chinese enterprises. In the final part, the thesis comes up with certain suggestions, hoping to give some references to the government and the Chinese enterprises in the countervailing cases henceforward.