| Among the American trade legislations, the US puts China as one of the non-market economies and adopts the surrogate country methodology to calculate the dumping margin of China's export products when making anti-dumping investigation. Meanwhile, the American statute laws do not make it clear whether the countervailing law is applicable for non-market economies. However, according to previous cases, it can be concluded that the American countervailing law does not refer to the non-market economies. Therefore, the US has been adopting the anti-dumping law against China and take safeguards to protect their own industries, but never made any countervailing investigations against Chinese export products.However, with China-US trade friction growing in recent years, the anti-dumping polices and safeguards to China could no longer meet the expectation of American producers. As a result, the US is eager to find out countervailing laws to contain China. In the case of China-US coated paper in November 2006, the US began to make the countervailing investigation against China, with the anti-dumping investigation together, changing their usual policy that not imposing countervailing duties on non-market economies. Therefore both the domestic and foreign scholars started to pay extensive attentions to the antidumping and countervailing investigations against china simultaneously .So, this paper discusses the above aspects and puts forward legal measures to fight the US adopting antidumping and countervailing against China simultaneously .This paper mainly discusses issues of US adopting the antidumping and countervailing investigations against China simultaneously from five aspects.The first part reviews the history of the antidumping and countervailing laws of US and mentions their essence of American protectionism. The first part lays the foundation for the explanation of American protectionism in following passages.The second part mainly talks about the application of the antidumping and countervailing laws for non-market economies. The US puts China as the non-market economy and adopts the surrogate country's data to calculate Chinese exports'dumping size when making anti-dumping investigation. On the contrary, the US countervailing investigation against China experienced a process of not being applicable, conditionally applicable and totally applicable. The third part emphasizes the legal evidence of US adopting the antidumping and countervailing laws against China simultaneously .Based on the WTO related treaties, we concluded that there is no any limitation for the US to adopt the antidumping and countervailing laws against China simultaneously as the international laws do not oppose any countervailing investigation against non-market economies, nor make any limitation about the antidumping and countervailing investigation against non-market economies. However, the American domestic laws are not clear concerning the simultaneous investigation of the antidumping and countervailing . Furthermore, the US does not have enough evidence to break the usual cases and start to impose the countervailing duties.In Part Four, deep analysis is made on the problems in application of the antidumping and countervailing laws , among which the most evident point is the calculation of subsidies and repeated relief. During the investigation, with ignorance of China's great achievements in both marketing and economy reform, the US defines a huge amount of non-subsidy projects as subsidies. Due to the repetition in application of surrogate country, the case of repeated taxation is more serious in the US'investigation to China. However, no corresponding rectification is implemented by Commerce Department of the US.Part Five is a discussion of current situation of the US'antidumping and countervailing investigation towards China, along with some countermeasures for China. At the tail of the essay, some detailed countermeasures are raised for resolution of this problem.
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