A Study On The Application Of External Benchmark In US Anti-dumping And Countervailing Measures Against China

External Benchmark is one of measurement methods about the subsidy benefit among the countervailing process. From a regime point of view, External Benchmark should be an issue in the field of anti-subsidy, however, at the beginning of DS368 in 2006, the Unite States anti-dumping and countervailing measures against China became commonplace, and they have a strong intrinsic association. External Benchmark is one of the key issues.For External Benchmark dispute between China and the United States, we first need to clear whether the Double Reverse is approved that the United States against China. If you hold a negative view of the question, the dispute between China and the United States cannot be placed in the Double Reverse context. Comprehensive analysis of the current public information, the Double Reverse may not be identified as illegal straightly. But, in fact, the anti-dumping and countervailing measures were connected by External Benchmark. Because the Surrogate Price will expire in 2016, the United States should try to squeeze Surrogate Price expiration value, and has a good scheduling after the expiration.For details on the External Benchmark rules scattered domestic legislation of WTO members, the United States is the first country in which countervailing legislation and practice all over the world. Relevant rules in the United States are far ahead of multilateral trade rules, and they are referenced by the other countries. Furthermore, External Benchmark has been used against China frequently, and often accompanied Adverse Facts Available rules to counteract some obstacles. But in the multilateral trade degree, as relevant rules were expressed mor e general, the interpretation on the External Benchmark from the DSB has great value.The essay was discussed based on above logic. Except for the preface and epilogue, the essay contains four chapters, divided into three sections: the first section is the first chapter, mainly discussing the question why Double Reverse from the United States against China is lawful. And the answer was based on the WTO rules and the United States’ legislation. This is a prerequisite for External Benchmark dispute. The second section comprises Chapter II and III, this part not only revealed a practice situation that the United States has used External Benchmark against China, but also researched other countries’ practice and the United States’ actions against other countries except for China. Therefore, we could achieve a comprehensive and clear understanding on External Benchmark dispute by a two-way contrast. The third section that is the last chapter. The essay first indicated that the United States would use External Benchmark against China frequently in the future, and then, raised corresponding strategies.External Benchmark dispute under the WTO framework has changed from “qualified range” into “fact intensive” after DS 257, DS379 and DS437, which challenge the respondent’s proof ability. For China, this is not purely a bad situation, on the contrary, China has great counter space in this state. China should always pay attention to such trend and make full preparations.