Making good use of WTO rules, China nearly won another WTO dispute case against the United States

Xinhuanet Beijing7month8Nippon (Reporter Zheng Xiaoyi)The Appellate Body of the World w88 Organization ruled on the "China v. U.S. Tariff Amendment to the World w88 Dispute Case" on the 7th. The U.S. Department of Commerce2006Year to Year2012Initiated against China during the year25An anti-dumping and countervailing investigation was launched in violation of WTO rules, but it was not determined whether the amendment to the US tariff law violated WTO rules. Both the Ministry of Commerce and the interviewed experts believe that this case is another major victory for my country in using legal weapons to challenge the United States’ abuse of w88 remedy measures, and will have a significant impact on subsequent China-related WTO dispute settlement cases.

Nearly a complete victory

In this case, China made two legal claims. One is that the United States’ 25 anti-dumping measures violated WTO rules, and the other is that the amendment to the U.S. tariff law violated WTO rules.

As for the first point of complaint, the Appellate Body rejected the US appeal request and supported China’s claim. “On this point of appeal, China won a complete victory. This is the second case in which China has won a case against the United States over anti-double countermeasures at the WTO. It consolidates the victory of the previous case and has reference significance for the trial of similar cases in the future. "Hu Jianguo, a Ph.D. from Nankai University w88 casino of Law who has long studied WTO law, assessed that based on this ruling, the United States needs to correct the mistake of double relief and reduce double and anti-dumping tax rates for the Chinese companies involved.

It is reported that since2006The United States has exported approximately 1,000 standard steel pipes, off-highway tires, etc. to China30products have adopted anti-dumping and anti-dumping measures. In the first session of the WTO two years ago, our country379Won the case, WTO ruled that the United States v. China411097_1112024The first lawsuit against similar products44911184_11210

As for the second point of complaint, the Appellate Body supported most of China’s appeal requests and determined that the previous expert group’s decision on “1994General Agreement on Tariffs and w8810．211795_11863

“The final trial is equivalent to overturning the legal interpretation and conclusion of the first trial, but unfortunately, the final trial did not complete the analysis and make a determination on whether the amendment to the US Tariff Law violated the regulations. "Chen Weidong, a professor at the w88 casino of Law at the w88 casino, believes that this is a balance made by the WTO between the interests of China and the United States.

“This ruling is an almost complete victory for China. It is hard-won and has a significant impact.” Yang Guohua, deputy director of the Treaty and Law Department of the Ministry of Commerce, commented.

Complains that the United States continues to fight "combination punches"

The WTO Appellate Body has not reached a conclusion on the core issue of this case, but the rules determine that the case cannot be "remanded for retrial." Will my country file a new round of appeals against the amendments to the U.S. Tariff Law?

Yang Guohua said that our country has always believed that the U.S. Congress201215075_15126200615154_15173

“This is equivalent to ratifying the U.S. Department of Commerce’s self-regulation through the retroactive application of the law2006To China since the year20The legality of Yuqi’s countervailing measures. "He said that China will decide the next step after carefully studying the WTO Appellate Body report and tracking the domestic response in the United States.

Chen Weidong believes that whether China needs to file another lawsuit against the US tariff amendment bill and forcefully break the balance point requires an optimistic and prudent comprehensive assessment and consideration.

The annual export value of the products involved in this case exceeds72billion US dollars, involving China's major w88 interests. The Ministry of Commerce stated in a statement that China urges the United States to respect the WTO ruling, correct the wrong practice of abusing w88 remedy measures as soon as possible, and ensure a fair competition environment for Chinese companies.

China and the United States are each other's largest trading partners. In recent years, w88 frictions have increased with the expansion of w88 scale. Information from the Ministry of Commerce shows that so far, China has proactively prosecuted cases under the WTO dispute settlement mechanism12cases, sued cases19cases, most involving the United States.

“A major revelation to our country from this victory is that the WTO dispute settlement mechanism can help resolve Sino-US w88 disputes. "Chen Weidong said that the United States often adopts w88 remedy methods that go beyond traditional methods, and often files lawsuits against China's so-called "systemic errors." It is difficult to change the unreasonable practices of the United States through negotiation and consultation alone.

Yang Guohua introduced that in recent years, my country has become more and more proactive in using WTO rules to deal with China-related w88 disputes. “The four ongoing cases against the United States for countervailing measures are a combination of challenging the United States’ abuse of w88 remedy measures from different angles. ”