Legal Reserch And Policy Thought Of America Adopting "Double Reverse" Against China

In2007, the US began to make anti-dumping and countervailing investigationsagainst China, created a process of “double reverse”. After the next years, the USnever stopped practice of “double reverse” toward China. It became more seriousespecially after the global financial crisis in2008. This is just a manifestation of thenature of the US trade protectionism. The frequence “double reverse” has bothexternal factors and our own problems. The DOC of US has been adopting the“double reverse” against China, but the American domestic and international law isnot clear for the question. Especially the US lost the dispute case in2011, it lacked theinternational support to “double reverse”. However, some conclusions of theAppellate Body is not beneficial to China, while the United States will not easilyabandon the use of "double reverse" measures. How to effectively deal with "doublereverse" of the US become urgent research problems in political and academic fields.This article analyzes "double reverse" problem in order to find out legal measures forresponse to "double reverse" survey.This paper mainly discusses issues of US adopting "double reverse"investigations against China from following aspects.The first part describes the process of practice of the US adopting "doublereverse" investigations against China and find the features of "double reverse",especially after the global financial crisis, then mentions their essence of Americanprotectionism.The second part is mainly about the external and internal factors of the frequent"double reverse" investigation from US. In recent years, the U.S. trade deficit remainsso high that the US trade protectionism recovers. While the launching of anti-dumpingand countervailing at the same time will make it more difficulty to respond and affectour trade policy on the future. Meanwhile, China’s own problems can not be ignored.The third part discusses the basis of US adopting the "double reverse" againstChina. On the one hand，after analysis the United States related statutory and caselaw,we know that the American domestic laws are not clear concerning the problem.On the other hand，based on the WTO case on March2011, we talk about whetherthere is international support and we conclud that there is international law supportafter analyzing the dispute, Part four is further analysis under the case of third part. Although China won thecase, the worry can not be ignored. WTO Appellate Body’s report did not fullysupport China’s claim, even on some issues it is bad to China.Part Five is based on the before analysis referring some Counter measures andsuggestions to response to the U.S."double reverse".It discusses the problem frominternational and domestic levels. Internationally we have to apply to WTO disputesettlement mechanism to protect our interests and can not ignore the use the relief ofthe United States. On the domestic level, we discuss the problems from respondingthe lawsuit, improving the law, enhancing the strength.