China-U.S. Trade Law

China-U.S. Trade Law

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

Category Archives: Trade Disputes

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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

The United States & China: Twenty-First Century Rivals Or Friends? 美利坚和大中国: 21世纪的对手还是伙伴?

Posted in Strategic & Economic Dialogue, Trade Disputes
The following article, The United States & China: Twenty-First Century Rivals Or Friends?, was published in the January 2014 edition of Corporate LiveWire Expert Guide International Trade 2014: 本文刊登于2014年一月出版的Corporate LiveWire Expert Guide International Trade 2014。中文翻译请下移鼠标。 The Obama Administration has referred to Sino-American relations as the most important bilateral international relationship of the twenty-first century.  Obama’s … Continue Reading

U.S. Export Control Reform To Move Wide Array Of Aircraft Parts Off The Munitions List But Still Prohibit Many Of Them From Being Exported To China 美国出口控制改革进展

Posted in Export Controls, Trade Disputes
The U.S. Department of State, in response to the President’s Export Control Reform Initiative, published final rules in the Federal Register on April 16, 2013 moving export control jurisdiction from the State Department to the U.S. Department of Commerce for a wide range of aircraft and aircraft parts that formally were controlled as military items. … 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

Feldman Says Trade Law Impedes Renewable Energy Development 贸易法阻碍再生能源发展

Posted in Trade Disputes
        Elliot Feldman delivered the Distinguished Alumni Lecture at the University of Chicago’s Center in Paris on February 5, 2013.  He explained how international trade law is impeding the development of renewable energy such as solar, wind, and electric cars, focusing on relations between China and the United States.  费德门博士于2013年2月5日在巴黎举办的芝加哥大学杰出校友论坛上发表演讲,详细分析国际贸易法如何影响中美关系以及可再生能源发展,例如太阳能、风能以及电动汽车等。… Continue Reading

Feldman Lecture on U.S. Elections and China-U.S. Relations 费德门就美国大选、美中关系发表演讲

Posted in Trade Disputes
After the November elections, Elliot Feldman lectured on their implications for China-U.S. relations at the University of Chicago Center in Beijing. The link to the lecture is here. It features video of the remarks by candidates Obama and Romney on China during the presidential debates. 总统大选结束后,费德门博士在芝加哥大学北京中心发表演讲,分析大选如何影响中美关系发展。他的讲座深入浅出、赢得听众阵阵掌声,他为讲座精心准备的短片也异常精彩。… 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

Try To See It My Way 换位思考

Posted in Trade Disputes
中文请点击这里 Presidential races in the United States are always characterized by the classic principle connecting domestic to foreign affairs: conjure a foreign foe against whom disparate domestic interests can coalesce. For a very long time, the Cold War provided the Soviet Union. Political campaign disagreement was never about how best to get along. Instead, it … 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

China Challenges US Continuation Of Practice Inflating Dumping Margins Through Zeroing Almost A Decade After The WTO Struck That Practice Down 中国挑战美国归零法,确为步WTO后尘

Posted in Antidumping, WTO
China requested a WTO panel on October 13, 2011 challenging the U.S. practice of zeroing in the 2004 antidumping investigation involving warm water shrimp and the 2006 antidumping investigation of diamond saw blades. This challenge to the U.S. Department of Commerce’s (“Commerce”) practice of zeroing to inflate dumping margins is the 10th such challenge since … Continue Reading

U.S., China Clash Over Internet Great Wall 中美决战互联网长城

Posted in WTO
        U.S. Trade Representative Ron Kirk announced, on October 20th, 2011, that the United States, pursuant to World Trade Organization (“WTO”) rules, is requesting China to provide more information on its Internet restrictions. More than a week passed with Chinese media and the public paying the request little attention.         It is not surprising that … Continue Reading

Times Change 风水轮流转

Posted in WTO
A year ago, American sentiment toward China, at least as expressed by many Members of Congress, was decidedly negative. Pending legislation included denunciations of China’s subsidization of exports and currency manipulation. Some Members of Congress wanted to restrict all Chinese imports. The slow American economic recovery was blamed to a significant degree on China. Now, … 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

Feldman Addresses UNCTAD Conference on Non Tariff Measures and Chinese Foreign Trade 费德门在联合国会议上探讨贸易壁垒及中国对外贸易

Posted in CPSC, WTO
Elliot J. Feldman was the keynote speaker opening an applied International Trade Workshop in Beijing on March 21, sponsored by the University of International Business and Economics of Beijing and the United Nations Conference on Trade and Development (“UNCTAD”). The conference, on “Non Tariff Measures and Chinese Foreign Trade,” comes at a time when there … Continue Reading

An Obama Trade Policy Courtesy Of The Tea Party 茶党及奥巴马贸易政策

Posted in Trade Negotiations, WTO
中文请点击这里 The Trade Situation: Pending Bilaterals President Barack Obama told his Asian hosts in November that he would like to see the Doha Round of multilateral trade negotiations resume as soon as possible, an extension of the campaign initiated in his first State of the Union Address to double American exports over the next five … Continue Reading

The Keenest Sorrow: Failing Verification 最沉痛的悲哀:核查失败

Posted in Antidumping
Sophocles wrote, " The keenest sorrow is to recognize ourselves as the sole cause of all our adversities,” which probably applies to the Watanabe Group Companies of China in a recent antidumping determination by the U.S. Department of Commerce (“DOC”). DOC published in an October 18, 2010 Federal Register notice its preliminary results in Certain … Continue Reading