China-U.S. Trade Law

China-U.S. Trade Law

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

Category Archives: WTO

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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

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

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

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

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

Reform of U.S. Export Controls May Be Coming 美国出口控制改革即将来临

Posted in WTO
中文请点击这里 Whenever the United States complains about its trade imbalance with China, China responds that it would buy more goods and services from the United States were it not for U.S. export controls that either prevent or restrict those purchases.  Export controls serve important national security and foreign policy goals and the United States will not be … Continue Reading

Textile Trade Policy In The United States After The Quotas 配额制度终结后的纺织贸易

Posted in Trade Disputes, WTO
Coauthored by Elliot J. Feldman and John J. Burke The last of the quotas on textile and clothing imported into the United States from the developing world expired at the end of 2008 with the end of the quotas authorized by China’s Protocol of Accession to the WTO. Notwithstanding the end of the quotas, trade … Continue Reading

Will The WTO Sweeten The Sour U.S.-China Chicken Trade? 世贸组织可使变酸的美中鸡肉战变美味吗?

Posted in WTO
中文请点击这里 When China announced it was investigating U.S. chicken parts for dumping a few weeks ago, there were immediate suggestions of an incipient trade war, a Chinese “retaliation” over U.S. safeguards imposed on commercial tires, which we discussed in Trade War? , a recent article on this blog.  Yet, there have been disputes between China … Continue Reading

India, China, and the Doha Round 印度、中国及多哈会谈

Posted in WTO
中文请点击这里 Senior trade officials are meeting in Geneva the week of September 14, 2009 following a meeting of 35 WTO member countries in New Delhi on September 3 and 4, 2009. The September 3 and 4 meetings demonstrated a willingness of member countries to re-engage in the negotiations that have been at a relative standstill … Continue Reading

The United States Is Vigilant When It Comes To China’s WTO Compliance, Less So When It Comes To Its Own 美国对中国如何履行入世承诺总是异常警觉,那么她自己呢?

Posted in WTO
中文请点击这里 The United States Trade Representative (“USTR”) published a notice in the Federal Register on September 1, 2009 requesting comments and announcing a public hearing on China’s compliance with its WTO commitments. This notice is part of an institutional mechanism the United States created to monitor and enforce other countries’ compliance with their WTO obligations. … Continue Reading

WTO Challenges – Not Always A Panacea For Respondents In Trade Litigation 世贸组织争端解决机制 —-不是贸易纠纷应诉方的万能药

Posted in WTO
中文请点击这里 When companies see their access to the U.S. market threatened by actions of U.S. Government agencies in trade cases, whether antidumping, countervailing duty, or safeguards, often they want to ask their government to challenge those actions at the World Trade Organization (“WTO”). Many governments, too, think they should take their grievances over U.S. policies … Continue Reading

Attack on China Rolls on New Tires 对中国的攻击随着轮胎滚动

Posted in Trade Disputes, WTO
中文请点击这里 The United Steelworkers, qualifying as an “entity” “representative of an industry” under Section 201 of the U.S. Trade Act of 1974, petitioned the Obama Administration in April 2009 to enact a temporary “safeguard” remedy to protect the manufacture and sale of low-grade commercial tires in the United States against a surge of imports from … Continue Reading

U.S. Congress – Buy Ford, GM or Chrysler 美国国会:买福特、大众还是克莱斯勒

Posted in Government Procurement, WTO
中文请点击这里 The U.S. House of Representatives approved an amendment to the 2010 Energy and Water Appropriations bill, just before recessing for an August holiday, that would forbid the use of appropriated funds to “purchase passenger motor vehicles other than those manufactured by Ford, GM, or Chrysler.” The bill does not require that the vehicles be … Continue Reading

Should China Sign The GPA? – The US Seems to Be in A Hurry 中国应当签署《政府采购协定》吗? —-美国似乎太急不可待

Posted in Government Procurement, Strategic & Economic Dialogue, WTO
中文请点击这里 Senior U.S. officials revealed privately in the days prior to the first Strategic and Economic Dialogue (“S&ED”) of the Obama Administration, convening in Washington, D.C. on July 27, 2009, that they planned to ask China to subscribe to the Government Procurement Agreement (“GPA”) of the World Trade Organization (“WTO”). They assigned this quest, they … Continue Reading