| The case of Coated paper between China and US in2006started a trade reliefpattern of simultaneous imposition of anti-dumping (AD) and countervailing (CVD)duties on Chinese products. U.S. Congress signed the amendment of tariff act of1930(H.R.4105) on March13,2012, which means that the simultaneous imposition of ADand CVD investigations to Chinese products will become more intense in the comingdecades. On October24,2011, the U.S. Department of Commerce (DOC) and theInternational Trade Commission (ITC) formally place the case of imposing AD andCVD on crystalline silicon photovoltaic (PV) cells from China into investigation,which marks that the United States trade remedy of high-tech industry become thetrend of impose AD and CVD concurrently. The competition of renewable energyindustry between China and the United States is embodied on the trade disputes ofimposing AD and CVD concurrently. We should pay attention to three aspects in thecase. First, The United States simultaneous imposition of AD and CVD duties;Second, the new and high technology industries are involved; Finally, the UnitedStates signed the H.R.4105act when the case in the process of the investigation.The focuses in this case reflect the key issues on the measures of simultaneousimposition of AD and CVD duties between China and the United States. They aresurrogate country problems, countervailing problems and double remedies. In thiscase, the investigation authorities against fair principles of the WTOAgreement,arbitrarily when choice surrogate country and calculate the normal value,abuse the discretion power when define subsidies, ignoring the WTO disputesettlement body’s ruling to relief domestic industry, and collecting evidence to bearthe burden of proof. Finally, the DOC impose high anti-dumping duties andcountervailing duties, which greatly harm the interests of our country andphotovoltaic enterprises. Simultaneous imposition AD and CVD investigation onChinese products become more and more frequent, which bring challenges to theexport of our country products. It is important to stand on the frequently simultaneousimposition of AD and CVD investigations. So the government and PV enterprisesshould be to do a good job to solve it. It is a reliable way to analysis and studies the case to cope with it.In the process of the case investigation, the petitioner Solar World, theinvestigative authorities DOC and the respondents Trina, Wuxi Suntech and Yingliput forward their reasons and views around the three major focuses. Besides the GOCmake a plea together with the respondents also. There are three focuses in the case.Fist of all, how to choice surrogate country when impose AD on non-marketeconomies (NME) countries. Second, how to define countervail subsidies. Last,whether there exist “double remedies” when imposition of AD and CVD on NMEcountries simultaneously, and Who will bear the burden of proof it. This article startfrom the focuses of the case and based on the WTO SCMA and The ADA togetherwith the WTO dispute settlement body ever verdict on case to analysis the focuses. Inmy opinions, first, the system of surrogate country often leads to the form of thedumping and higher dumping duties. Second, the state-owned enterprises andstate-owned commercial banks are not the “public institution”, which is regulationedby SCMA, and Policy guidance documents are not de jure specific to the PV cellproducers. Third， impose CVD and AD NME duties will lead to a “doubleremedies”,and DOC should bear the burden of proof it. Finally, the essay put forwardcorresponding countermeasures to cope with America’s impose CVD and ADconcurrently. Neither the system of surrogate country problem, nor the identified ofsubsidies or “double remedies” are not related to the fact that United States look chinaas a no-market economy country. So fight for our country’s market economy status isa forceful measure to deal with the problem of apply AD and CVD on China productsconcurrently. |
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