China-U.S. Trade Law

China-U.S. Trade Law

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

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Non-parallel Tracks: The Divergence Of Trade Remedies From Climate Control 不平行的轨道:贸易补偿和控制气候变化分道扬镳

Posted in Trade Negotiations

Editor’s Note: The following article was published in the January 2015 issue of Financier Worldwide Magazine. For its Chinese translation, please click here (中文翻译请点击这里)。 The U.S. is a leading proponent of the Environmental Goods Agreement (“EGA”) whose negotiation has begun under the auspices of the WTO. Fourteen countries, representing 86 percent of global trade in what… Continue Reading

U.S. Export Control Reform To Move Wide Array Of Aircraft Parts Off The Munitions List But Still Prohibit Many Of Them From Being Exported To China 美国出口控制改革进展

Posted in Export Controls, Trade Disputes

The U.S. Department of State, in response to the President’s Export Control Reform Initiative, published final rules in the Federal Register on April 16, 2013 moving export control jurisdiction from the State Department to the U.S. Department of Commerce for a wide range of aircraft and aircraft parts that formally were controlled as military items.… Continue Reading

Feldman Says Trade Law Impedes Renewable Energy Development 贸易法阻碍再生能源发展

Posted in Trade Disputes

        Elliot Feldman delivered the Distinguished Alumni Lecture at the University of Chicago’s Center in Paris on February 5, 2013.  He explained how international trade law is impeding the development of renewable energy such as solar, wind, and electric cars, focusing on relations between China and the United States.  费德门博士于2013年2月5日在巴黎举办的芝加哥大学杰出校友论坛上发表演讲,详细分析国际贸易法如何影响中美关系以及可再生能源发展,例如太阳能、风能以及电动汽车等。… Continue Reading

Feldman Lecture on U.S. Elections and China-U.S. Relations 费德门就美国大选、美中关系发表演讲

Posted in Trade Disputes

After the November elections, Elliot Feldman lectured on their implications for China-U.S. relations at the University of Chicago Center in Beijing. The link to the lecture is here. It features video of the remarks by candidates Obama and Romney on China during the presidential debates. 总统大选结束后,费德门博士在芝加哥大学北京中心发表演讲,分析大选如何影响中美关系发展。他的讲座深入浅出、赢得听众阵阵掌声,他为讲座精心准备的短片也异常精彩。… Continue Reading

Try To See It My Way 换位思考

Posted in Trade Disputes

中文请点击这里 Presidential races in the United States are always characterized by the classic principle connecting domestic to foreign affairs: conjure a foreign foe against whom disparate domestic interests can coalesce. For a very long time, the Cold War provided the Soviet Union. Political campaign disagreement was never about how best to get along. Instead, it… Continue Reading

The Broken Promise To China 对中国无法坚守的承诺

Posted in CVD, Trade Disputes

中文请点击这里 This week we present Part Two of “Nothing Unites The United States Congress Like China (And Not In A Good Way): Treating China Like Canada (Maybe Even Worse).” It is entitled, “The Broken Promise To China.” Part One, entitled “Rewriting Subsidies Law To Fit Chinese Facts,” was posted last week. The Broken Promise To… 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

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

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

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

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

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

Trade War? 贸易战?

Posted in Trade Disputes

President Obama, on September 11, announced that the United States would restrict imports of Chinese commercial, low-cost tires.  This action was foreseeable and foreseen (for example this blog foresaw this action in articles titled Attack On China Rolls On New Tires and  Consultations To Settle The Tires Dispute: Too Little Too Late?).  President Obama committed to additional tariffs of 35-30-25… Continue Reading

Consultations To Settle The Tires Dispute: Too Little Too Late? 轮胎案磋商:太迟了、还不足?

Posted in Trade Disputes

中文请点击这里 Only the President can impose a restriction on imports to the United States without a finding of wrongdoing by a foreign producer or exporter. The United Steelworkers of America have asked the President, pursuant to Section 421 of the U.S. trade law (the “special safeguard” for China), to restrict the importation of low grade… 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

Commerce Delays CVD Determination – Could Vacancies Be To Blame? 美商务部推迟反补贴裁定

Posted in CVD, Trade Disputes, USDOC

The Commerce Department on August 12 postponed its preliminary determination in Prestressed Concrete Steel Wire Strand from the People’s Republic of China to October 24 claiming it needed more time due to the large number and complexity of the subsidy programs alleged in the case.  However, most of the allegations involve programs that Commerce has… Continue Reading