China-U.S. Trade Law

China-U.S. Trade Law

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

Category Archives: Antidumping

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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

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

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

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

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

History Shows That It Pays Respondents To Participate In Trade Disputes At The U.S. International Trade Commission 历史证明应积极参加美国国际贸易委员会调查

Posted in Antidumping, ITC, Trade Disputes
The US Department of Commerce (“DOC”) initiated 731 antidumping investigations between 1988 and 2008. Three hundred (or 41%) of those investigations did not result in an antidumping order because the International Trade Commission (“ITC”) determined that the imports in question were not the cause of material injury or threat of imminent material injury to a… 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