China-U.S. Trade Law

China-U.S. Trade Law

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

Tag Archives: non-market economy

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

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

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

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

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

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


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

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

United States Countervailing Duty Investigations Against China A Question Of Attitude 针对中国的反补贴调查:美方”态度问题”

Posted in CVD
中文点击这里 Political pressures have led the U.S. Department of Commerce to launch countervailing duty investigations against China while insisting that it cannot use market information from within China to measure the alleged subsidies because China is a non-market economy. That political reality contravenes the principles embodied in U.S. law. Subsidies are found and measured according… Continue Reading