China-U.S. Trade Law

China-U.S. Trade Law

Insights & commentary on active trade disputes between China and the U.S.

Category Archives: CVD

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Comments on An Environmental Goods Agreement 评环保产品谈判

Posted in CVD, Trade Negotiations, Uncategorized
中文翻译请点击这里 INTRODUCTION                  The Office of the United States Trade Representative, in the Federal Register of March 28, 2014 on behalf of the Trade Policy Staff Committee, requested comments and issued notice of a public hearing on negotiations for a World Trade Organization Environmental Goods Agreement as proposed by fourteen WTO members in January 2014.  … Continue Reading

Federal Circuit Upholds Constitutionality Of Legislation Overturning Its GPX Decision That Countervailing Duties May Not Be Applied To Non-Market Economies 美联邦上诉法院认为向非市场国家征收反补贴税符合宪法

Posted in CVD
中文翻译请点击这里 HERE WE GO AGAIN This blog has been analyzing for more than four years legal disputes over whether the U.S. Department of Commerce (“Commerce”) may apply countervailing duties (“CVDs”) to imports from non-market economies (“NMEs”), particularly China.  Our first comments were posted October 21, 2009 (“U.S. Court Decision Ought To Change Chinese Thinking “Revised … Continue Reading

Feldman, Burke Examine GPX Case and NME Subsidies 本所合伙人探讨GPX案对非市场经济体反补贴调查案件的影响

Posted in CVD
中文请点击这里 The China-U.S. Trade Law Blog has not posted a new article in a while, but mostly because Elliot Feldman and John Burke have been working on a major article - Testing The Limits Of Trade Law Rationality: The GPX Case and Subsidies in Non-Market Economies for the American University Law Review.  It will be published this week and … Continue Reading

So What’s The Big Idea? 什么好办法?

Posted in CVD
中文翻译请点击这里 The discovery and development of economically efficient means to extract shale oil and gas, “fracking,” is undermining efforts to reduce the use of hydrocarbons because alternative energy production, especially through solar cells and wind turbines, is more expensive than natural gas for producing electricity, particularly in North America. Many governments, demonstrating a priority for … Continue Reading

Challenges To Applying CVD Law To China Move Forward In U.S. Court 美国法庭继续探讨对中国使用反补贴法

Posted in CVD
August 2012 was a busy month for challenges to the U.S. Department of Commerce (“Commerce”) imposing countervailing duties against China, and other non-market economies, while applying the non-market economy methodology in companion anti-dumping cases. On August 17, three Chinese companies filed briefs in the GPX case at the U.S. Court of International Trade (“CIT”), arguing … Continue Reading

The American Government Still Has Three Branches: The Court of Appeals Tells Congress It May Have Acted In Haste 美国政府依旧三权分立,上诉庭劝告国会切勿急躁行事

Posted in Antidumping, CVD
The United States Court of Appeals for the Federal Circuit on May 9, 2012 sent the case titled GPX International Tire Corp. v. United States back to the United States Court of International Trade for the lower court to consider the constitutionality of legislation passed earlier this year overturning the Federal Circuit’s earlier ruling that … Continue Reading

Lessons For China From Canada 中国可从加拿大身上汲取的经验

Posted in CVD, WTO
中文请点击这里 The final part of “Nothing Unites The United States Congress Like China (And Not In A Good Way): Treating China Like Canada (Maybe Even Worse),” we present this week. It is called, “Lessons From Canada.” Part One, entitled “Rewriting Subsidies Law To Fit Chinese Facts,” was posted two weeks ago; Part Two, “The Broken … Continue Reading

The Broken Promise To China 对中国无法坚守的承诺

Posted in CVD, Trade Disputes
中文请点击这里 This week we present Part Two of “Nothing Unites The United States Congress Like China (And Not In A Good Way): Treating China Like Canada (Maybe Even Worse).” It is entitled, “The Broken Promise To China.” Part One, entitled “Rewriting Subsidies Law To Fit Chinese Facts,” was posted last week. The Broken Promise To … Continue Reading

Nothing Unites The United States Congress Like China (And Not In A Good Way): Treating China Like Canada (Maybe Even Worse) 中国促进美国国会团结

Posted in CVD
中文请点击这里 We begin today one story in three parts, “Nothing Unites The United States Congress Like China (And Not In A Good Way): Treating China Like Canada (Maybe Even Worse)” by Dr. Elliot J. Feldman. Part One, “Rewriting Subsidies Law To Fit Chinese Facts,” examines the first legislation expressly for trade with China passed by … Continue Reading

Driving Over The Brink 驶过边缘

Posted in CVD
Two years ago, we reported that China was initiating an investigation, based on dumping and subsidy allegations, into imports of U.S. automobiles. We warned that the published petition was more a political than a legal document, telling a peculiar and nationalistic version of industrial history and concentrating on alleged subsidies, particularly for the development of … Continue Reading

U.S. Appellate Court Rules That Commerce May Not Apply The Countervailing Duty Law To Non-Market Economies 美上诉庭裁定反补贴法不适用于非市场经济

Posted in Antidumping, CVD, WTO
This blog reported on August 30, 2009 that Chief Judge Jane Restani of the U.S. Court of International Trade (“CIT”) ordered the U.S. Department of Commerce (“Commerce”) to revoke the countervailing duty (“CVD”) order on pneumatic off-the-road tires from the People’s Republic of China in a case titled GPX International Tire Corporation v. United States.  Her … Continue Reading

As Fragile As A China Doll 脆弱的中国娃娃

Posted in CVD
中文请点击这里 China As An Echo Of Japan Many Americans worry today about China much the way they worried about Japan over a quarter century ago. Then, Harvard scholar Ezra Vogel’s Japan As Number One: Lessons for America, extolled the virtues of a controlled economy in a tightly-wound bureaucracy. Vogel exhorted Americans to copy Japan, whose … Continue Reading

Unless It’s All Politics, China And The United States Should Tone It Down 若非空谈政治,美中都应放缓语调

Posted in Antidumping, CVD, WTO
The World Trade Organization’s Appellate Body issued a report on March 11, 2011 in which the People’s Republic of China broke a skein of legal losses by recovering some of the ground taken by a WTO panel last autumn. The Chinese Government loudly celebrated a major victory, while U.S. Trade Representative Ron Kirk denounced a … Continue Reading

Should the United States Switch to a Prospective System for Assessing Antidumping and Countervailing Duties? – The Department of Commerce Reports to Congress 如何征收双反税率:追溯法与前瞻法之比较

Posted in Antidumping, CVD
The U.S. Department of Commerce ("Commerce") reported to the U.S. Congress in November 2010 on the Relative Advantages and Disadvantages of Retrospective and Prospective Antidumping and Countervailing Duty Collection Systems. Commerce made no recommendations. It also is unlikely that Congress would have the appetite anytime soon to consider the wholesale revisions to U.S. trade laws … Continue Reading

Thinking About Subsidized Cars 汽车工业补助

Posted in CVD
General Motors And Subsidies Just one year after investing $51 billion and acquiring a majority (61 percent) stake in General Motors, the Obama Administration, through the company’s Securities and Exchange Commission (“SEC”) filing on August 18, announced plans to begin selling the government’s stock and return the company to private control and ownership. The announcement … Continue Reading

Is China Manipulating Its Currency For A Trade Advantage? 中国操纵汇率以促进出口吗?

Posted in CVD
Editor’s Note:  Amelia Lo, the author of this article, is a Chinese law student in Hong Kong who was a foreign intern at Baker & Hostetler LLP during the summer, 2010. According to United States Senator Charles Schumer (D-NY), a strident critic of China’s currency policy, “[the] most important issue in the Chinese-American relationship is currency.”  Schumer and … Continue Reading

China’s Status As A Non-Market Economy 中国的非市场经济体地位

Posted in CVD, WTO
China’s goals of international recognition during the last decade, in addition to accession to the World Trade Organization (“WTO”), include most prominently acceptance by the United States as a market economy. There have been at least two motivations: to have its creation of a market, “with Chinese characteristics,” recognized and approved around the world; and … Continue Reading

US Court Tells Commerce Department It Cannot Impose Countervailing Duties When It Uses The Non-Market Economy Methodology In A Companion Antidumping Case 美国法庭否决美国商务部双重征税计算方法

Posted in Antidumping, CVD
中文请点击这里 Chief Judge Jane A. Restani of the United States Court of International Trade (“CIT”) on August 4, 2010 ordered the United States Department of Commerce (“DOC”) to forego the imposition of countervailing duties on pneumatic off-the-road tires from the People’s Republic of China. Her decision, in GPX International Tire Corporation v. United States, was … Continue Reading

The Stakes Are Too High For China Not To Cooperate And Participate In Trade Remedy Disputes, And To Hire The Best Counsel 积极参与贸易案件,重金聘请优秀律师

Posted in Antidumping, CVD, ITC
China Is A Target China has been the primary target of anti-dumping measures around the world for a very long time. More than 30 countries have initiated roughly 600 antidumping cases against 4000 different types of Chinese products during the last two decades. The United States alone has conducted 122 investigations (excluding withdrawals and terminations), … Continue Reading

Retrospective Versus Prospective Antidumping And Countervailing Duty Systems 追溯式和前瞻式反倾销、反补贴税制度比较

Posted in CVD, WTO
Editor’s Note: Baker & Hostetler LLP recently submitted the following comments in response to the Department of Commerce’s request for comments on Retrospective Versus Prospective Antidumping and Countervailing Duty Systems.  中文请点击这里 Introduction: The American Way Compared To The Method Used By Almost Everyone Else                     Remedies for disputes heard by panels of the World Trade … Continue Reading

China-U.S. Relations And International Trade 美中关系和国际贸易

Posted in CVD, Trade Disputes
Note: Dr. Elliot Feldman on April 15, 2010 presented the following speech at AmCham-China’s Conference of the Asia-Pacific Council of American Chambers of Commerce (APCAC). 中文请点击这里 Difficulties with China are now on Page One of The New York Times and The Washington Post almost every day. There is consensus in Washington that relations between China and … Continue Reading

Financial Times: China and the US Must Stop Throwing Stones 《金融时报》评论:中美必须停止互相攻击

Posted in CVD, Trade Disputes
        Washington, D.C., partner Elliot Feldman, leader of Baker Hostetler’s international trade practice and an author of the firm’s China-U.S. Trade Law blog, authored a column, "China and the US Must Stop Throwing Stones," which was published in the "Opinion" section of the March 30, 2010, edition of the The Financial Times (中文全文请点击这里).         According to … Continue Reading

GLASS HOUSES 玻璃房子

Posted in CVD
中文请点击这里 One of the most troubling features of the growing tensions between China and the United States is that both countries legitimately have a lot to complain about, and typically they are the same things. Three issues are particularly conspicuous at present and at the core of difficulties in the trade relationship – the definitions … Continue Reading