Research On The Rule Of Adverse Facts Available Under Countervailing Duty Investigation In U.S.

The rule of "Adverse facts available" is an important rule of evidence incountervailing duty investigation practice. If the U.S. Department of Commerce appliesthis rule in the countervailing duty investigation procedure, may cause a huge loss torespondents, so the research on this rule gives a great importance. In the light ofcountervailing duty cases in America, especially the cases about China, this article simplycombing the rule of "adverse facts available" in law, analyze its concrete applications,summing up its classification and problems, put forward the solution according to the rule.This article is divided into four parts. The first part, first of all, is about the rule of"adverse facts available" in the WTO law and domestic law.And then on the basis of theWTO panel report and appellate body report, the article puts an emphasis on the differencebetween the domestic law in U.S. and the WTO law. The second part, in accordance withthe rules of "adverse facts available" in application, divided into four parts, and mainlywith the U.S. department of commerce international trade practices of countervailing dutyinvestigation about China and the Court of International Trade judgment through practicalexamples. The third part is, firstly,of the first category induction the rule of "adverse factsavailable" in practice. And secondly explains why the rule of "adverse facts available"reflected the punitive and arbitrariness, then briefly analyses the root causes of thepunitive and arbitrariness. The fourth part is about, according to the application of"adverse facts available", what kind of policy should be adopted to solve the problem. Thepolicy mainly involves the legislative and practical aspects. The legislative aspect is,firstly,to find out the countervailing duty legislation in China, and problems of it. Then in viewof the problems of legislation in our country, comparing to countervailing duty legislationin the United States, figure out the way to deal with the problems. Practical aspectcontains investigations within and outside the response. As the procedures learning above, the solution within response aims to solve the problems in steps refered above. Thesolution outside response mainly involves the adjustment of the subsidy policy in China,adjustment of related systems of enterprises, and analysis on the past cases, etc.