Studies On The Legal Issue Of "Critical Circumstance" In U.S. Countervailing Investigations

In recent years, with the development of world economy, China has a substantial growth of total import and export and becomes a importantly global trading power. At the same time, many developed countries take our country as the main objective of trade remedy measures. Until April 2010, China had been the most country of being filed countervailing investigations in the world than that of any other country for 4 years. Among those countries which filed countervailing investigations against china, American was the most one. Since the first countervailing investigations was filed against china by the American at November 2006, the figure had reached 25 in less than 4 years. Because of the financial crisis, only in 2009 had the United States filed 10 countervailing investigations against China. Many countervailing investigation has seriously affected China's exports and employment. Therefore, in order to better protect the legitimate rights and interests of Chinese exports companies and to maintain fair trade, enhancing researches on American's countervailing investigations is very necessary. In the process of American's countervailing investigations, the decision on the critical circumstance will directly determine that imported goods before customs clearance during the 90 days before preliminary decision should be retrospectively imposed custom duties or not, so the importance of the legal issue of critical circumstance is evident. To better understand this issue, from the legal provisions and practical perspective to strengthen their research and study is especially necessary. This will protect the legitimate rights and interests of our country and deal with the U.S. countervailing investigations well.This paper is divided into four chapters:The first chapter introduces the U.S. legal provisions about critical circumstance, investigation agencies and investigation procedures and so on, which enables readers have a preliminary understanding about critical circumstance. The second chapter will focus on the U.S. investigation practices concerning the legal issue of critical circumstance so as to understand investigation agencies' interpretations to legal provisions about the issue and investigation agencies'custom practices when there were no legal provisions or vague legal provisions. Chapterâ…¢will valuate U.S. legislations and practices related the issue of critical circumstance in order to explore the merits and shortcomings of its. Chapterâ…£will gain from the foregoing discussions a good deal of enlightenment for our government and enterprises involved in the countervailing investigations.