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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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

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

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

A Fishy Story: The Gulf, China, Vietnam, India, Thailand And Brazil 带鱼腥味的故事

Posted in Trade Disputes
中文请点击这里 Trade laws, designed to combat market distortions caused by unfair trade practices, often create distortions of their own. They lead to tariffs and other restrictions that often induce manufacturers and exporters to change their markets as much as their conduct, shifting production to a country not subject to the trade remedy, or selling to… 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

Part II: Does The United States Have A Trade Policy, And Can It? 第二章:美国拥有且可以拥有贸易政策吗?中国可以,而且拥有

Posted in Trade Disputes
中文请点击这里 The Obama Administration has no trade policy and, as institutions have been functioning and trade laws have been interpreted for more than a decade, it can’t. The institutions, laws, and regulations of the United States convey control and formulation of trade policy into private hands. Although the Obama Administration might seek to wrest control… Continue Reading

Does The United States Have A Trade Policy, And Can It? China Can, And Does 美国没有贸易政策,且不可能有; 中国制定了贸易政策,且拥有

Posted in Trade Disputes
中文请点击这里 The Obama Administration has no trade policy, and cannot have one. China is able to have a trade policy, and has one. China does not believe that the United States has no trade policy, and tailors its policy to react to what it interprets as choices and decisions taken by the U.S. Government. The… Continue Reading

Feldman Addresses American Chamber of Commerce People’s Republic of China 费德门在美国商会发表演讲

Posted in Trade Disputes
Washington, D.C., partner Elliot Feldman, leader of Baker Hostetler’s international trade practice and a regular contributor to the practice’s China-U.S. Trade Law blog, was recently invited to address the American Chamber of Commerce in the People’s Republic of China (AmCham-China) program, "China: Growth Engine for the Next Decade," held in Beijing. The conference included sessions… 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

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


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

China-U.S. Trade War 中美贸易大战

Posted in ITC, Trade Disputes
*This article was published in International Trade Law 360 on January 7, 2010. 中文请点击这里 On January 4 The Washington Post headlined on Page 2, with a Beijing dateline, “U.S. and China in a snowballing trade fight.” The article followed two others prominently presented with similar messages on January 1 and 3, one bannered with the… Continue Reading

The President’s Visit: A Success For China And Failure For The United States? 奥巴马总统访华:中国的成功、美国的失败?

Posted in Trade Disputes
中文请点击这里 China’s leaders and commentators think President Barack Obama’s visit in November was an unqualified success. Publicly, the White House sees a qualified success, and privately not even that. It may all depend on what “success” and “failure” mean. The differences have consequences. American analysts generally are less equivocal than American officials. They mostly see… Continue Reading

Steel Matters 举足轻重的钢铁工业

Posted in Trade Disputes
中文请点击这里 Besides currency valuation, steel is perhaps the most contentious trade issue between China and the United States. Steel products face numerous traditional trade remedy actions in both countries, and are under intense scrutiny in the climate change debate. In the United States, Congress is considering whether to include in climate change legislation additional tariffs… Continue Reading

Calling All Cars 拦截所有车辆

Posted in CVD, Trade Disputes
中文请点击这里 The Scope Of The Challenge China’s Ministry of Commerce (“MOFCOM”) initiated officially on November 6, 2009 antidumping and countervailing duty investigations into saloon and cross-country cars imported from the United States and manufactured by General Motors, Chrysler, and Ford Motor companies. Although the scope of the products at issue is described (chassis, engine, etc.)… Continue Reading

Can The United States And China Really Cooperate To Improve The Balance Of International Trade? 美中合作、平衡全球贸易可能吗?

Posted in Trade Disputes
中文请点击这里 An old Chinese proverb says, “You can’t expect both ends of a sugar cane to be just as sweet.” Presidents Obama and Hu, however, do not seem to believe the proverb applies to the U.S.-China trade relationship, according to their public statements leading up to November’s APEC meetings in Singapore and the subsequent bilateral… Continue Reading

Trade War? Part II: China Initiates Third CVD Investigation Against U.S. Products 贸易战?(二):中国针对第三项美国产品展开反补贴调查

Posted in CVD
中文请点击这里 The Chinese Ministry of Commerce (“MOFCOM”) announced on November 6, 2009 that it had launched anti-dumping (“AD”) and countervailing (“CVD”) investigations against sedans and sport utility vehicles of cylinder capacity ≥ 2000cc originating from the United States. We are providing on this blog an English translation of the CVD notice. This announcement represents the… Continue Reading