United States-Certain Methodologies And Their Application To Anti-Dumping Proceedings Involving China

Since China’s entry into the WTO,China has become the second largest economy in the world since its economic development is growing faster and faster.However,with the development of economic globalization,China’s foreign export trade friction is more and more,mainly reflected between China and the developed countries,such as Europe and the United States.Over the past decade,China has been the most anti-dumping investigation country.The amount of money involved is very huge,which has caused great losses in China’s export trade and also affected China’s economic status in the international market.It is necessary to study how to protect the legitimate rights and interests of Chinese enterprises in the frequent anti-dumping investigations.This article takes(December 3,2013)United States-Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China as an example,partial wrong practices and appeals for the implementation of anti-dumping investigations in the United States on the single rate presumption,the calculation of the target dumping margin,and the application of the zeroing method.The institutional rulings were analyzed and summarized how China used the WTO mechanism to handle US anti-dumping measures.This article is divided into four parts(except for the introduction and conclusion):The first part: A review of noted States-Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China,including the background of the case and the introduction of the case.The second part: Describes the controversial point of the case,and summarizes the rulings of the expert group and the appellate body.This part includes the disputed points in this case,the rulings from the expert group and the appellate body.The focus of this section is on three points of controversy: the question of how to calculate the dumping margin of the target,the issue of a single tax rate presumption,and thepresumption of adverse facts.The third part: The analysis of the three controversial points involved in this case.First of all,there are three controversial points for the calculation of the target dumping rate,the single tax rate presumption and the presumption of adverse facts.The author respectively introduces the two sides’ opinions,the decisions from the expert group and the appellate body,and then analyzes the related legal problems respectively.The analysis shows that the practices of the US Department of Commerce violated the WTO rules.The fourth part: Thinking and inspiration.First of all,in this case,although China won the case,the United States and other Western developed countries were pessimistic about the anti-dumping investigation results of China;secondly,around the three controversial points,the author discussed how Chinese companies will handle and respond to anti-dumping investigations with the United States and other countries in the future.