Download or read book U S Trade Remedy Laws and Nonmarket Economies written by Jane M. Smith and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report discusses the application of antidumping and countervailing duty law to the goods of nonmarket economy (NME) countries, including the decision of the Department of Commerce (DOC) in 2007 to change its long-standing policy and apply CVD law to such goods; reviews China's successful case in the World Trade Organization challenging the U.S. application of CVDs to Chinese products and the status of U.S. compliance efforts in the case; examines the December 2011 decision of the U.S. Court of Appeals for the Federal Circuit in GPX Int'l Tire Corp. v. United States holding that the U.S. CVD law does not authorize DOC to apply CVDs to NME country goods; summarizes the subsequently enacted P.L. 112-99, signed March 13, 2012, a statute authorizing DOC to apply CVDs to such products; and notes recent developments in the GPX litigation.

Download or read book U S Trade Remedy Laws and Non Market Economies written by Jeanne J. Grimmett and published by . This book was released on 2012-05-09 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two major U.S. trade remedies are the anti-dumping (AD) law, which combats the sale of imported products at less than their fair market value, and the countervailing duty (CVD) law, which aims to offset foreign gov't. subsidization of imported goods. As of 1984, however, only the AD law had been applied to goods from non-market or "transitional" economies (NMEs). Contents of this report: AD Law and Non-market Economies; CVS Law and NMEs; Simultaneous Imposition of AD and CVD Orders on Same Nonmarket Economy Merchandise: Possible "Double Counting" of Subsidization; WTO Issues; Recent U.S. Judicial Decisions: CVDs May Not Be Applied to NME Country Goods. Illustrations. This is a print on demand report.

Download or read book U S Trade Remedy Laws and Nonmarket Economies a Legal Overview written by Jeanne J. Grimmett and published by Createspace Independent Pub. This book was released on 2012-08-10 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two major U.S. trade remedies are antidumping (AD) law, which combats the sale of imported products at less than their fair market value, and countervailing duty (CVD) law, which aims to offset foreign government subsidization of imported goods. If dumped or subsidized imports are found to cause or threaten material injury to a domestic industry, antidumping or countervailing duties will be imposed. Both remedies are available when goods are imported from competitor countries with free market policies. As of 1984, however, only AD law had been applied to goods from nonmarket or “transitional” economies (NMEs). With the continued economic growth of some of these economies, such as China and Vietnam, pressure increased on the U.S. government to use both trade remedies more aggressively against unfair imports from these countries. AD law has been amended several times since its inception in 1921. With Congress's continued statutory guidance, the Department of Commerce (DOC) has implemented several different methodologies for applying AD law, including using surrogate country data when the fair market value of a product in the originating country is not readily ascertainable. CVD law had not been used against NMEs, however, since DOC concluded in 1984 that it could not determine subsidization in such situations. In 1986, the U.S. Court of Appeals for the Federal Circuit (CAFC), in Georgetown Steel Corp. v. United States, upheld DOC's interpretation of the CVD statute as reasonable. While DOC had generally refused to review CVD petitions against NME countries following this determination, it accepted a petition seeking a CVD on imports of coated free-sheet paper from China in 2006. DOC distinguished the current Chinese economy from the Soviet-style economies at issue in Georgetown Steel and found that the imported Chinese paper was subsidized. Although the U.S. International Trade Commission did not make the requisite final affirmative material injury determination in this case, subsequent CVD petitions were successful, resulting in the imposition of 24 CVD orders on NME merchandise. World Trade Organization (WTO) agreements, together with the WTO Accession Protocols of China and Vietnam, acknowledge that AD and CV duties may be imposed on these countries' goods, and that surrogate country data may be used to calculate dumping margins or subsidization. In a WTO case brought by China, however, the WTO Appellate Body found in an April 2011 report that the simultaneous imposition by the United States of AD and CV duties on the same Chinese merchandise, where surrogate country data was used to establish the fair market value of the goods in the AD case, remedied the same subsidization twice or “double counted” in violation of U.S. WTO obligations. More broadly, the CAFC held in December 2011 that CVDs may not be imposed on NME goods under any circumstance, finding in GPX Int'l Tire Corp. v. United States that Congress had legislatively ratified DOC's 1984 statutory interpretation and thus DOC could not interpret the statute to permit such duties. The CAFC affirmed a lower court decision that also prohibited DOC from imposing CVDs on NME goods, but did so because DOC had not eliminated double counting, the practice at issue in the WTO dispute. The Administration asked Congress to enact remedial legislation and, on March 5, 2012, requested that the CAFC rehear the GPX case. Congress responded quickly, enacting P.L. 112-99, signed March 13, 2012, which generally authorizes CVDs for NME goods, makes this authority effective as of November 20, 2006, and prospectively amends AD law to address double counting issues. The United States did not fully comply by the April 25 deadline in the case, however, and has agreed to facilitate any WTO compliance review requested by China. On May 9, 2012, the CAFC remanded the GPX case to the lower court to address constitutional issues stemming from the different effective dates in the new law.

Download or read book United States Trade Remedy Laws and Non market Economies written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, there are two major forms of domestic trade remedy laws: antidumping law (AD), which combats the sale of goods at less than their fair market value, and countervailing duty law (CVD), which assess duties on imported goods to offset the amount of government or other public entity subsidization. Both of these remedies are available when the imported goods come from competitor countries that have free market policies. Since 1984, however, only AD law has been applied to those imported goods that come from non-market or other "transitional" economies. With the continued economic growth of some non-market and "transitional" economies, such as China and Vietnam, pressure has increased on the U.S. government to more aggressively utilize domestic trade remedy laws such as AD and CVD against unfair imports from these countries. AD law has been amended several times since its initial inception in 1921. Each modern amendment has allowed for a new methodology for dealing with imports from non-market economies. With Congress's continued statutory guidance, the Department of Commerce (DOC) has developed and implemented several different methodologies for applying AD law, even when the fair market value in the originating country is not readily ascertainable. CVD law, however, has not been used against non-market economies since the DOC concluded in 1984 that it could not determine subsidization in such situations. This decision by the DOC was upheld as reasonable by the Court of Appeals for the Federal Circuit in Georgetown Steel Corporation v. United States. Since that time, with the noted exception of a 1991 petition against China, the DOC has refused to review CVD petitions against non-market economies. In November 2006, however, the DOC accepted a petition seeking a countervailing duty against imported "coated free-sheet paper" from China to offset alleged government subsidization. In April 2007, the DOC published a preliminary determination levying duties against the Chinese imports, as well as a memorandum distinguishing the Chinese economy from those economies that were at issue in the Georgetown Steel case. While such an action appears to be consistent with U.S. law, a review of U.S. international obligations under the World Trade Organization's (WTO's) Agreement on Subsidies and Countervailing Measures, as well as China's accession agreement to the WTO is also required. Both agreements appear to accept and sanction the use of surrogate country data in the application of domestic AD or CVD law. As a result, while a challenge to its actions at the WTO is always a possibility, the United States appears to have acted in a manner consistent with its obligations. Several pieces of legislation have been introduced in the 110th Congress to specifically address the application of CVD laws to non-market economies. These include, but are not limited to, H.R. 708, H.R. 910, H.R. 1127, H.R. 1229, S. 364, and S. 974. This report will be updated as events warrant.

Download or read book Non market Economies in the Global Trading System written by James J. Nedumpara and published by Springer. This book was released on 2018-09-20 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides one of the most comprehensive and compelling analysis of Non-Market Economies (NMEs) and their treatment under the current world trading system. In particular, it examines the treatment of China as an NME in anti-dumping investigations, especially post-December 2016. Central to this analysis is Section 15 of China’s Protocol of Accession to the WTO, which is the focal point of the controversy between China and other major WTO Members. The book highlights multiple perspectives on the interpretation of Section 15 and the Second Ad Note to Article VI of the General Agreement on Tariffs and Trade (GATT), which form the legal basis for China’s special treatment in anti-dumping proceedings, and provides unique approaches on interpreting the above treaty texts. In addition, the book explores recourses to trade remedy instruments other than anti-dumping to identify and address state-driven market distortions in the case of NMEs. Authored by leading practitioners and scholars, the chapters offer a detailed commentary and rich insights into the diverse approaches and methods used by anti-dumping investigation agencies of leading users. This book serves as an all-inclusive resource for discerning all facets of this issue, magnitude of the consequences, and potential threats to the delicate trading system. It is of particular relevance to economies-in-transition and newly acceding countries to the WTO. This book generates special interest among legal practitioners, exporters, trading firms, think tanks, academicians, policy makers and the entire community engaged in international trade disputes with China.

Download or read book United States Trade Remedy Laws and Non market Economies written by Todd Tatelman and published by . This book was released on 2007 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Options to Improve the Trade Remedy Laws written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade and published by . This book was released on 1983 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Trade Remedies and Non Market Economies written by Longyue Zhao and published by . This book was released on 2017 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007, the United States Department of Commerce altered a 23-year old policy of not applying the countervailing duty law to non-market economies, and initiated eight countervailing and antidumping duty investigations on Chinese imports. The change brings heated debate on trade remedy policies and issues of non-market economies. This study focuses on the first countervailing duty case on imported coated free sheet paper from China and analyzes the implications of this test case for United States-China bilateral trade, and industrial policies in transitioning market economies. The paper also provides a brief review of the economics of subsidies, World Trade Organization rules on subsides and countervailing measures, and United States countervailing duty laws applied to non-market economies. While recently acceded countries should review their domestic development policies from the perspective of economic efficiency and comply with the World Trade Organization rules, it is also important to further clarify the issues of non-market economies under the multilateral trading system, and pay keen attention to the rules negotiations in the current World Trade Organization Doha Development Round.

Download or read book Trade Remedy Legislation written by and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike antidumping (AD) legislation, which contains specific provisions for its applicability to imports from nonmarket economy (NME) countries, the countervailing duty (CVD) law â€" although its procedure generally parallels that of the AD law â€" contains no such provisions. While AD law provides for assessment of AD duties on imports sold in the United States at less than their fair value (as defined in the law), CVD is assessed on imports whose production and/or exportation is publicly subsidized in their country of origin. Initial administrative attempts in 1983 to apply countervailing remedies to allegedly subsidized imports from several NME countries led to determinations by the International Trade Administration of the Department of Commerce, the U.S. agency charged with determining whether such subsidization in fact exists, that subsidization (“bountiesâ€ŗ or “grantsâ€ŗ) within the meaning of the countervailing law, cannot be found in nonmarket economies. These determinations were challenged in the U.S. Court of International Trade (CIT), which held that they were “not in accordance with the law,â€ŗ reversed them, and remanded the cases to the ITA. On appeal, the U.S. Court of Appeals for the Federal Circuit reversed, and reinstated the ITAâ€TMs original determinations. Since this decision, the ITA has not initiated any countervailing investigations of allegedly subsidized imports as such from NME countries. To prevent further exemption of NME economies from countervailing action (aimed particularly at China and Vietnam), legislation specifically making such action applicable to NME countries was introduced in several previous Congresses (without further action) and has been reintroduced in the 109th Congress.

Download or read book Business Guide to Trade Remedies in the United States written by ITC. and published by . This book was released on 2010 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword -- Acknowledgements -- Note -- Scope of United States trade remedy laws -- Procedural framework for United States unfair trade remedies -- Anti-dumping duties: Comparing prices to determine dumping margins -- Anti-dumping duties: Analysing costs and determining constructed value -- Anti-dumping duties: Calculating dumping margins -- Special rules for non-market economies -- Countervailing duties: Measuring subsidies -- Safeguard measures: Global and China-specific restrictions on fair trade -- Section 337: Protecting intellectual property -- Section 301: Market access and trade policy issues -- Conducting verification -- Injury determinations -- Defending the Commission's preliminary investigation -- Defending the Commission final investigation -- Settlement of trade disputes -- Post-order issues -- Judicial and WTO review

Download or read book Trade Remedies written by Vivian Catherine Jones and published by Nova Science Publishers. This book was released on 2008 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfair foreign pricing and government subsidies distort the free flow of goods and adversely affect American business in the global marketplace. Import Administration, within the International Trade Administration of the Department of Commerce, enforces laws and agreements to protect U.S. businesses from unfair competition within the U.S. resulting from unfair pricing by foreign companies and unfair subsidies to foreign companies by their governments. Dumping occurs when a foreign producer sells a product in the United States at a price that is below that producer's sales price in the country of origin ("home market"), or at a price that is lower than the cost of production. The difference between the price (or cost) in the foreign market and the price in the U.S. market is called the dumping margin. Unless the conduct falls within the legal definition of dumping as specified in U.S. law, a foreign producer selling imports at prices below those of American products is not necessarily dumping. Foreign governments subsidise industries when they provide financial assistance to benefit the production, manufacture or exportation of goods. Subsidies can take many forms, such as direct cash payments, credits against taxes, and loans at terms that do not reflect market conditions. The statute and regulations establish standards for determining when an unfair subsidy has been conferred. The amount of subsidies the foreign producer receives from the government is the basis for the subsidy rate by which the subsidy is offset, or "countervailed", through higher import duties. If a U.S. industry believes that it is being injured by unfair competition through dumping or subsidisation of a foreign product, it may request the imposition of antidumping or countervailing duties by filing a petition with both Import Administration and the United States International Trade Commission. Import Administration investigates foreign producers and governments to determine whether dumping or subsidisation has occurred and calculates the amount of dumping or subsidies.

Download or read book Rationality and Legality of Non market Economy Treatment in Antidumping Law written by Shao Long and published by Springer Nature. This book was released on 2024-01-03 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book serves as a comprehensive study of and provides rich insight into non-market economy treatment, including its past, present, and estimated future practices and implications. It explores the introduction of the market and non-market economy dichotomy into international trade law. It traces the origin and development of non-market economy treatment against changing international economic and political background. The book examines this treatment in light of the rationale underlying anti-dumping, reflecting its alleged significance of ensuring fair trade. It in particular investigates the varied non-market economy treatment practices responding concerns of China’s rising as a large state-led economy, analyzing the deviation of NME treatment into an all-in trade tool. The book argues against preconceived bias and unilateral protectionism. It highlights the universal existence of government involvement in the market and proposes objective assessment of its impact on fair trade. Final proposition of the book is depoliticizing trade, reforming comprehensively international trade rules to carefully calibrate different values, including promoting fairness and enhancing global social welfare. It envisages a multi-dimension overhaul of international trade rules to rebalance trade interests, rather than roughly labeling an economy to confer different treatment, the practices of which lead to separation and chaos. The book is of particular relevance and interest to economies-in-transition, and among policy makers, academicians and legal practitioners engaged in trade remedies and trade rules reconstruction.

Download or read book Resolving the Double Remedy Dispute written by Matthew Kelly and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On March 29, 2007, the United States Department of Commerce (Commerce) reversed its long-standing policy prohibiting the application of countervailing duties against non-market economy countries. Consequently, Commerce began to apply countervailing duties to products from China and Vietnam that were also subject to antidumping duties. China challenged the new U.S. practice before a World Trade Organization (WTO) panel. China argued that Commerce's actions were inconsistent with the United States' WTO obligations under the General Agreement on Tariffs and Trade 1994 (GATT 1994), the Agreement on Subsidies and Countervailing Measures (SCM Agreement), the Antidumping Agreement (AD Agreement), and the Protocol on the Accession of the People's Republic of China (Accession Protocol). China argued that Commerce's application of both countervailing and antidumping duties resulted in a “double remedy” for the U.S. industry, specifically that the effect of Commerce's methodology for determining antidumping duties against non-market economy countries was to offset the same instance of subsidization twice -- once through the imposition of the countervailing duty and again through the application of the antidumping duty. Although the Panel found that a double remedy was “likely,” it held that “China did not establish that the United States acted inconsistently with its obligations under ... the SCM Agreement.” China appealed the latter conclusion, along with other aspects of the Panel decision, to the WTO Appellate Body (AB). The AB reversed the Panel Report's conclusion -- but haphazardly provided an attempted solution to the double remedy dispute in a section, titled “The Completion of the Analysis”. This Note is about the AB's decision, particularly the “Completion of the Analysis” section. The AB held that the application of concurrent duties that offset the same subsidization twice is not consistent with Article 19.3 of the SCM Agreement because that article requires that an investigating authority collect countervailing duties “in the appropriate amounts.” But in doing so, the AB concluded that an investigating authority has an affirmative obligation under the SCM Agreement to ascertain the amount by which a countervailed subsidy lowers the export price of a product, which depends on whether and to what extent domestic subsidies have “passed through” to the export price. As such, the investigating authority has to take the necessary steps to adjust its methodology to take account of this factual situation, including the degree of pass-through of the subsidy. The AB's decision has had a powerful and ongoing effect, leading to the United States Congress's March 2012 passage of “An Act to Apply the Countervailing Duty Provisions of the Tariff Act of 1930 to Nonmarket Economy Countries, and for Other Purposes” and extensive changes in Commerce's administrative practice for extant and newly filed trade cases. The new controversial practices are now again before the WTO's AB to determine their consistency with the decision that this Note addresses. The AB's Completion of the Analysis poses several questions. Must an investigating authority adjust for pass-through in both the countervailing and antidumping calculations, the countervailing duty set equal only to the portion of the subsidy passed through to export price, the antidumping calculation then adjusting for the double remedy still represented in a diminished countervailing duty? Does the AB's decision account for the U.S. law that requires that the amount of the countervailing duty must be equal to the amount of subsidy that is found to exist, making a countervailing duty adjustment under U.S. law impossible? In order to meet its WTO obligations, should the United States return to its long standing policy of prohibiting the imposition of countervailing duties to non-market economies? This Note argues that the Completion of the Analysis neither factually nor legally solves the double remedy dispute. Part II provides background on U.S. countervailing and antidumping duty law. Part III introduces the double remedy dispute in greater detail, examines the AB's analysis of the double remedy issue, and illustrates its failure to factually and legally solve the double remedy dispute. Part IV suggests three adjustments to the United States' countervailing and antidumping methodologies that might resolve the double remedy dispute. Part V concludes.

Download or read book Business Guide to Trade Remedies in the United States written by International Trade Centre UNCTAD/WTO. and published by Business and the Multilateral. This book was released on 2006 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide examines trade remedy procedures focusing on the legislation and practices of the United States. It outlines the scope of US trade remedy laws and reviews and the procedural framework for anti-dumping and countervailing investigations in the country. It considers anti-dumping investigations involving issues related to production cost and explains special rules used by the US Department of Commerce in anti-dumping cases against non-market economy countries. It also covers countervailing duties and measuring subsidies; global safeguard measures and China-specific restrictions on fair trade; intellectual property protection, market access and trade policy issues; the theory and practice of verification; issues that arise in injury investigations; post-order issues; settlement of trade disputes, judicial and WTO appeals.

Download or read book Unfair Trade Practices written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade and published by . This book was released on 1978 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book trade remedies and non market economies economic implications of the first US countervailing duty case on china written by Yan Wang and published by World Bank Publications. This book was released on 2008 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: In 2007, the United States Department of Commerce altered a 23-year old policy of not applying the countervailing duty law to non-market economies, and initiated eight countervailing and antidumping duty investigations on Chinese imports. The change brings heated debate on trade remedy policies and issues of non-market economies. This study focuses on the first countervailing duty case on imported coated free sheet paper from China and analyzes the implications of this test case for United States-China bilateral trade, and industrial policies in transitioning market economies. The paper also provides a brief review of the economics of subsidies, World Trade Organization rules on subsides and countervailing measures, and United States countervailing duty laws applied to non-market economies. While recently acceded countries should review their domestic development policies from the perspective of economic efficiency and comply with the World Trade Organization rules, it is also important to further clarify the issues of non-market economies under the multilateral trading system, and pay keen attention to the rules negotiations in the current World Trade Organization Doha Development Round.

Download or read book Legislation Related to Trade with China written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade and published by . This book was released on 2009 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: