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On the Enforcement of CVD and AD Duties Simultaneously to China Product by US

Author: WangMiao
Tutor: XiaoWei
School: Xiamen University
Course: International law
Keywords: Enforcement of CVD and AD Duties Simultaneously USA Strategies
CLC: F752.7
Type: Master's thesis
Year: 2008
Downloads: 549
Quote: 5
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Abstract


The economic relation between China and USA in 2006 has undergone some displeasure, since American’s trade policy towards China has changed significantly. The most symbolic change is that America began to adopt a new trade policy to enforce CVD and AD duties simultaneously to coated free sheet paper from China, which never happened to a non-market economy country for over the last 20 years. After the preliminary affirmative countervailing duty determination, USA continually launched several CVD and AD investigations to several other China products. The justice of these behaviors has aroused heated discussions among Chinese domestic scholars. The Ministry of Commerce of China holds the view that UAS has disobeyed the domestic law of USA as well as WTO rules. Some scholars consider USA has broken GATT6.5, and some have a different idea: WTO does not forbid simultaneous CVD and AD investigations, but the enforcement of CVD and AD duties simultaneously goes against the rule of no double remedies. However, the author has a different point. In contrast, I get a conclusion that USA has neither broken the international law nor the domestic law. In spite of the legitimacy, the implement of CVD and AD duties is far from fair and has caused double counting of subsidies from China. Consequently, China has received double threat by being treated as a market economy country and a non-market economy country at the same time .China should challenge the unfair treatment and the author is trying to provide several settlements from both exterior and interior prospects.

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CLC: > Economic > Trade and Economic > States foreign trade > China's foreign trade > Trade relations with other countries
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