Research On The Case Of China—Anti-dumping And Countervailing Duties On Certain Automobiles

On May 23 th,2014, The panel of dispute settlement body of WTO circulated the panel report of China-Anti-dumping and Countervailing Duties on Certain Automobiles from the United States(DS440). This case arisen from China’s Ministry of Commerce launched an anti-dumping investigation and countervailing investigation into certain automobiles from the United States with engine displacements equal to or greater than 2500 cubic centimeters in 2009. On December 14 th,2011, China’s Ministry of Commerce posted the NO.84 notice of 2011, who has made a finding that it would impose anti-dumping duty and countervailing duty on certain automobiles from the United States. The notice showed that since December 15 th 2011, if importers import sedans and cross-country vehicles from the United States with engine displacements equal to or greater than 2500 cubic centimeters, they should report and pay the anti-dumping duty and countervailing duty to the custom of People’s Republic of China. The implementation period is 2 years. Then, after the failing consultation between China and United States, the United States requested the establishment of a panel to investigate the anti-dumping and countervailing measures implemented by China.This paper is based on the case that China-Anti-dumping and Countervailing Duties on Certain Automobiles from the United States to analyze related law dispute focal points, such as non-confidential summary、the disclosure of “essential facts”、determination of “residual” anti-dumping duty and countervailing duty rates、defined the range of domestic industry、price effects analysis, and combining with the change of current international trade as well as those advanced mechanisms of trade protection measures of major trading nations, to deeply think the trade protection measures of China, especially anti-dumping measures and countervailing measures. At the same time, I also give some advises about the reformation of China’s trade protection mechanism as a reference and consulting that to protect national economic benefit and domestic enterprise’s benefit in the situation of development of international trade.The full text is divided into four parts, as follows:The first part: the brief introduction of China-Anti-dumping and Countervailing Duties on Certain Automobiles from the United States. This part consists of three sections: firstly, the introduction of the background; secondly, the summary of major dispute points between China and the United States; thirdly, complete introduction of development process of the dispute.The second part: the procedural dispute point of China-Anti-dumping and Countervailing Duties on Certain Automobiles from the United States. This part mainly analyzes two procedural dispute points: non-confidential summary and the disclosure of “essential fact” and detailed discusses the investigating authority of China, during the investigation, whether or not violates the related articles of “Anti-Dumping Agreement” and “Agreement on Subsidies and countervailing Measures”.The third part: the substantive dispute point of China-Anti-dumping and Countervailing Duties on Certain Automobiles from the United States. This part mainly around three substantive dispute points, namely, the determination of “residual” anti-dumping duty and countervailing duty rates; the appropriateness of investigating authority determined the range of the domestic auto industry; the effectiveness of investigating authority’s price effect analysis, to analyze and elaborate the investigating authority whether or not obey the regulated obligation in the investigating process.The fourth part: the thought and enlightenment to China. This part through analyze and think this case and give some advises about the reformation of China’s trade protection mechanism as a reference and consulting that to protect national economic benefit and domestic enterprise’s benefit in the situation of development of international trade.