Research On Illegality Of Double Remedies In Anti-Dumping And Countervailing Measures

The concurrent imposition of anti-dumping duties calculated on the basis of an NME methodology and countervailing duties has sparked enormous controversy and China had already brought the dispute to WTO. Panel and the Appellate Body had different arguments on the issues, whether the concurrent imposition will lead to double remedies, whether double remedies are illegal under the WTO and USDOC acted against the SCM Agreement and GATT1994or not. In the following five parts, the thesis will study on the double remedies with a perspective from United States-Definitive Anti-Dumping and Countervailing Duties on Certain Products from China (DS379) and discuss the strategies China could take.The first part gives a general view on the definition of anti-dumping and countervailing investigation and double remedies. The second part concludes that the concurrent imposition will lead to double remedies generally through introducing different situation between export subsidization and domestic subsidization. The third part explains legal regulations of WTO and introduces analysis of classic case, aiming at drawing a conclusion that double remedies which caused by concurrent imposition is illegal. The fourth part discusses the method which can be taken to solve the problem of double remedies in theory. The last part analyses strategies China could take to face the challenge from practice in order to have a good effect on international trade in the future.