A Study Of Legal Issues Related To The"Double Reverse" Launched By America Towards China

On October19,2011, Solar World and other seven Solar photovoltaic enterprisesof America accused that the Chinese government subsidied for the Solar industry, thenthey filed a lawsuit application to the DOC and ITC, demanding that the United Statesshould take anti-dumping and countervailing duty investigation on photovoltaicproducts from China. USDOC announced that they would make a “double remedy”investigation to the products on November9,2011.USITC passed the decision onDecember3,2012. It is the first time that America adopt a “double reverse”measures to Clean energy products of China. The “double reverse” adopted byAmerica has lead great economic losses to China, and what to do with the problem isour necessary mission.The article takes the America “double reverse” to our solar panels as an exampleto analyse legitimacy and rationality of the “double reverse”. We take an keyanalysis on whether our photovoltaic products lead to material injury of dumping,whether our photovoltaic products have illegal subsidies, and whether this investigationhas a double relief problem. At the same time, I put forward some measures on what weshould do on the problem, in order to provide a reference for the similar problem in thefuture, which is on the basis of theoretical analysis as well as empirical analysis.I write the paper with three parts, including introducing the case, analyzing thecase and discussing the suggestions that we learn from the case.In the first part, I describe the fundamental results of the case, so we canunderstand the general situation and know about the focus of the dispute.In the second part, I discuss the legal issues of the case, including the concept andthe origin of “double reverse”, the domestic law and international law basesreferring to the “double reverse” in America. Take advantage of the legal system andlegal theory to judge the legitimacy and rationality.In the third part, I put forward some countermeasures that are divided intointernational and domestic levels, which takes examples by existing theories andcombines with the actual situation of this case.