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Research On The Amendments To The American Tariff Law Of1930and China’s Countermeasures

Posted on:2015-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q WuFull Text:PDF
GTID:2266330428467186Subject:Law
Abstract/Summary:PDF Full Text Request
Since China joined the WTO in2001,our international trade has maderemarkable achievements, but at the same time, trade conflicts with the United Statesand other western developed coutries are also constantly increasing. In recent years,with the continuous development of the international multilateral trading system, inaddition to the traditional anti-dumping measures, safeguard measures, technicalbarriers and green barriers,countervailing measures became a new means of tradeprotection that frequently applies to China which is regarded as a "non-marketeconomy" by other countries.As one of China’s important trading partners,the UnitedStates has been constantly improving its domestic countervailing law to protect itsown interests. In2006, the United States began to apply countervailing measures toour export enterprises, this kind of trade protection against China appeared manyyears later than the anti-dumping measures,the reason is that the United States didnot admit China’s market economy status for a long time,and this is also why theUnited states had not broken the traditional way which the countervailing measures isnot applicable to the “non-market economies”.However,as the expansion of thedeficit between the United states and China,the influence of the global economiccrisis in2008, the constant falling domestic economy and rising unemployment in theUnited States, the United States needs to find a new way to transfer the domesticcontradiction to change the status quo,and it’s such a "shortcut" to start countervailingmeasures frequently to China.For a long time,the U.S. Congress had been hoding anamphibolous attitude on the issue whether it is suitable to apply countervailingmethod to "non-market economies",which supplys a free space to U.S. Department ofCommerce for applying countervailing method to our export products.From thehighest judicial precedent that the United States shall not apply countervailing law to"non-market economies" in "the case of Georgetown steel",to the proposition that theUnited States have the right to collect conditional countervailing duties from"market-oriented industry "in "the case of chinese electric fan”,to "the case of coatedpaper" in which for the first time the United States appled anti-dumping and countervailing measures to chinese products, to "the case of off-road tires ".TheUnited States continuously break the highest judicial precedents of "the case ofGeorgetown steel ",applying the countervailing measures to China, while the federalcircuit court of appeals and the court of international trade has quite diffrent viewsfrom each other in these cases.In March,2012,the United States Congress quickly passed the amendments to theAmerican tariff law of1930(H.R.4105), the bill authorized the U.S. CommerceDepartment shall have the right to collect the countervailing duties from the exportproducts of "non-market economy countries", and the effectiveness of the bill cantrace back to all the countervailing measures since November20,2006.The bill makesU.S. countervailing investigations and measures against China legal, clears the legalobstacles in the program of executing the countervailing measures,and it alsoseriously damages the trade development between China and the United States.It exsitlots of problems in H.R.4105itself, and it is also not in conformity with the relevantrules of international law. Under the background of fierce competition in theinternational trade, our country must increase the manpower and financial resourcesto strengthen the researching of trade protection measures from the aspects of the actitself,WTO dispute settlement mechanism、the problems in our government and theenterprises itself,and find the countermeasures which can not only suppress the risingtrade protectionism of United States,but also block the chain reaction in othercontries cased by the frequently countervailing investigations of the United States.This paper is based on the view of the general international law and the WTOlegal principle, to analysis the illegality of H.R.4105combineing the " the case ofoff-road tires ", clarify the adverse impact of the new bill on our country,and find outthe effective strategies in the view of the current countervailing law within the WTOframeworm,which can better protect the freedom of China’s international trade.
Keywords/Search Tags:Countervailing, Tariff Law Amendment, Non Market Economy
PDF Full Text Request
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