The Legal Analysis Of The Case Of Sino-US White Feather Broiler

On August 14,2009,because of the request of the China Animal Husbandry Association on behalf of the Chinese white feather broiler industry,the Ministry of Commerce of the People’s Republic of China carried out anti-dumping and countervailing investigations on white feather broilers originating in the United States.August 29,2010 and September 26,the Ministry of Commerce has issued a countervailing and anti-dumping final announcement,ruling on the origin of imported white feather broiler products from the United States imposed 4.0%-30.3% of the countervailing duty and 50.3 %-105.3% of the anti-dumping duties,the implementation period of 5 years.After the expiration of five years,Chinese Ministry of Commerce shall apply again originating in the United States to carry out further investigations white feather broiler.July 8,2014,the Ministry of Commerce issued a re-investigation announcement.The findings are consistent with the results of the original trial.Found that the import of such products in the United States there is dumping and subsidies,and decided to anti-dumping duty and countervailing duty rates were adjusted to 46.6%-73.8% and 4.1%-4.2%.This case is that China take the initiative to use the WTO rules,which launched anti-dumping and countervailing investigations at the same time on the importing products from the United States,to safeguard the interests of domestic industry cases,but also the first anti-dumping and countervailing investigations against the US.The information disclosure and other procedural issues and cost calculation and other substantive issues often exist in China’s trade relief measures often as troubles.And as the United States has been China’s largest trading partner,trades between China and The US happens increasingly frequent,so in-depth discussion and analysis of this case has important significance in practice and theory.On the basis of browsing a large number of Chinese and English websites and works,the author adopts the method of combining theory with empirical analysis,from the two aspects of international law and domestic law,This paper analyzes the procedural and substantive problems of anti-dumping and countervailing investigation in China,and analyzes the disadvantages and the disadvantages of the investigation and put forward the countermeasures and suggestions in this case,hoping to provide reference for the future of our country to deal with similar problems.This article is divided into three parts,the idea from the case to the case analysis,and finally put forward suggestions and countermeasures.The first part is a brief introduction to the case,divided into three sections,including case briefings,the characteristics and impact of the case and the focus of the dispute and the views of the parties.The second part is the analysis of this case,which is the core of this article.This part is divided into four parts.Each of which is divided into an overview of the relevant legal issues and an analysis of the relevant legal issues in this case.Followed by the identification of damage,information disclosure issues,the identification of the opportunity to identify and the calculation of production costs.The third part is the countermeasures and suggestions inspired by the case,which are divided into the practice and system of information disclosure in the investigation procedure,and the renewal and perfection of the legal system on the substantive issues.