On The Legality Of Imposing Anti-dumping And Countervailing Duties On Chinese Products Simultaneously By The United States

Generally speaking, either anti-dumping measures or countervailing measures solely apply to certain imported products. It is seldom that anti-dumping measures and countervailing measures apply simultaneously to certain foreign product. However, the United States has been imposing anti-dumping duties and countervailing duties simultaneously to Chinese products since 2006.As a result, Chinese exported products has been adversely affected by such frequently used measures. This situation highlights the importance for us to analyze the legality of such measures. On one hand, the ground on which the United States could impose anti-dumping duties and countervailing duties simultaneously pursuant both to U.S. law and WTO law should be examined. On the other hand, the legality as to the process and effect of such measures should be determined. Disputes arising from such measures should be settled within the WTO legal system.In 2008, China filed a complaint against the United States to the Dispute Settlement Body of the World Trade Organization over four cases in which anti-dumping duties and countervailing duties had been imposed simultaneously on Chinese products. In these four cases, China alleged that imposing by the United States the anti-dumping duties and countervailing duties simultaneously amounts to a violation of WTO rules. By analyzing the finding of the panel, insight can be gained into the legality of imposing the anti-dumping duties and countervailing duties simultaneously.After determining the precise meaning of the legality of imposing the anti-dumping duties and countervailing duties simultaneously, chapter one of this thesis analyzes the ground on which the United States could impose anti-dumping duties and countervailing duties simultaneously on Chinese product pursuant both to domestic and international law. Chapter two discusses the legality of the process and effect of such measures under WTO rules. Chapter three introduces, analyzes and discusses the finding of the panel, the deficiency of which resulted in serious situation of China. However, at last I could report a great piece of news that the Appellate Body has overruled the finding of the panel. Finally the violation of WTO rules as to imposing anti-dumping duties and countervailing duties simultaneously has been established expressly.