China-U.S. Trade Law

China-U.S. Trade Law

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

Tag Archives: antidumping

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

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

John W. Clayton, Jr., Joins Baker Hostetler as Director of Trade Analysis 约翰•克来顿任本所贸易分析主任

Posted in Media Mentions
中文请点击这里 The U.S. law firm of Baker & Hostetler LLP is pleased to announce that John W. Clayton, Jr., has joined the firm as the Director of Trade Analysis in its Washington, D.C. office. Mr. Clayton, a Certified Public Accountant, is widely recognized as the leading expert in providing cost accounting services to non-market economy… 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

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

U.S. Court Decision Ought To Change Chinese Thinking (Revised and Expanded) 美国法庭裁决应将改变中国思维

Posted in CVD
中文请点击这里 This article is co-authored by Elliot J. Feldman and John J. Burke.  Until now, China has preferred the WTO to resolve trade disputes. Of a dozen countervailing duty cases brought against Chinese products, all but one (the coated free sheet paper case failed at the International Trade Commission) went adversely before U.S. agencies and… 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

Commerce Vacancies Leave Trade Policy Decisions Without Political Oversight 美商务部高管空缺 贸易政策缺乏决策层监管

Posted in USDOC
中文请点击这里 Despite what people might think, and notwithstanding an election eight months ago that turned out the Republican Party from both Congress and the White House, the Bush Administration still effectively is governing U.S. trade policy toward China, at least with respect to countervailing duty and antidumping cases. The key offices that make policy decisions… Continue Reading