Comment On The Legal Problems Of Applying CVD And AD Simultaneously To Chinese Laminated Woven Sacks By U.S.A

Along with the trade protectionism intensifies, the United States has altered the previous judicial practice, not taking countervailing investigation against non-market economies, through the modification of domestic legislation, which legalizes imposing countervailing duties against the non-market economy countries. Concurrent application of antidumping (AD) duties and CVDs has become the major trade remedy action against China. There are more than20countervailing investigations since Coated Free Sheet Paper in2006. As a result, Chinese enterprises have to pay high tariffs, suffer significant economic losses. China is faced with the international trade environment further deterioration. China’s economic development will face more pressure.In double reverse cases, the United States argues that state-owned enterprise in China constitutes a public body, according to the government’s majority ownership principles, and ignores the fact that most of the state-owned enterprises have realized the marketization operation under the reform of china’s state-owned enterprise. At the same time, the United States argues that the land-use rights provided by the government of China is less than adequate remuneration, for the government dominates the land markets. And the United States insists to apply an external benchmark to calculate the benefits of subsidies since there existing price distortions in land markets. These practices have challenged our economic system and economic management. In order to analyzes the legality of the double reverse investigations taken by the United States against China under framework of WTO, the author selects the double reverse case of laminated woven sacks from China and analyses how to define "public body", whether the government’s sale of land-use rights is regional specificity and how to select the calculation of benchmark etc. Then by comparing the laminated woven sacks double reverse case and the photovoltaic double reverse case, the author carefully analyses some similar problems, and apply these ideas to the photovoltaic double reverse case, aiming to provide a useful reference for the photovoltaic double reverse case submitted to WTO dispute settlement mechanism.This paper is divided into three parts:introduction, text and conclusion. The text is divided into four parts, as follows:Part one:Give a brief introduction of the laminated woven sacks double reverse case, and analysis the meaning of researching in combination with case. Point out the significance for understanding the photovoltaic double reverse case, by researching the relevant provisions about public body, financial contribution, regional specificity and the benefits of subsidies benchmarks etc.Part two:List the four focus problems in the case:1.Whether the provision of input products by state-owned enterprises is countervailable;2.Whether the government of China provision of land can be financial contribution.;3.Whether the government of China’s Sale of Land-Use Rights is regional specificity;4.How to select the calculation of benchmark for the government of China provision of land-use rights.Part three:The four focus problems listed in part two are given a lot of assessment. Expound the judgment principles and significance of public body; Analyze the reason why the land-use rights does not constitute financial contribution; Find out the standard to determine the regional specificity based on the analysis of the Appellate Body’s view; Analyze how to select the benefits of subsidies benchmark for the government of China provision of land-use rights, and put forward some countermeasures.Part four:Taking the contrast analysis on how to define public body, whether the land-use rights constitutes actionable subsidies and how to choose the benefits of subsidies benchmark etc, which exist in the laminated woven sacks double reverse case and the photovoltaic double reverse case. Try to provide a useful reference for the photovoltaic double reverse case submitted to WTO dispute settlement mechanism.