United States—Antidumping and Countervailing Duties (China)
World Trade Organization, Appellate Body
WT/DS379/AB/R (Mar. 25, 2011)
- Written by Josh Lee, JD
Facts
The United States (defendant) conducted an investigation into certain Chinese products, including investigating allegations of dumping and subsidies from the Chinese government. The United States applied its previous determination that China (plaintiff) was not a market participant, which meant that the domestic prices in China were considered unreliable. The United States chose a third country to establish the relevant domestic price, also referred to as the normal price. Based on the surrogate domestic price, the United States determined dumping was occurring. The United States also noted domestic subsidies from China. Therefore, both antidumping duties and countervailing duties were assessed. China challenged this assessment and alleged that imposing both types of duties under these circumstances constituted a double remedy. The General Agreement on Tariffs and Trade (GATT) Panel ruled against China, and China appealed to the World Trade Organization (WTO) Appellate Body.
Rule of Law
Issue
Holding and Reasoning ()
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