Date: 2015
Type: Working Paper
Revisiting procedure and precedent in the WTO : an analysis of "US : countervailing and anti-dumping measures (China)"
Working Paper, EUI RSCAS, 2015/68, Global Governance Programme-190, Global Economics
BESHKAR, Mostafa, CHILTON, Adam S., Revisiting procedure and precedent in the WTO : an analysis of "US : countervailing and anti-dumping measures (China)", EUI RSCAS, 2015/68, Global Governance Programme-190, Global Economics - https://hdl.handle.net/1814/37425
Retrieved from Cadmus, EUI Research Repository
After not applying countervailing duty (CVD) law against non-market economies (NMEs) for two decades, the United State opened a CVD investigation against China in 2006. After extensive litigation, a U.S. appeals court ruled that it was illegal to apply CVD law to NMEs. While that ruling was being appealed, the U.S. Congress passed legislation stipulating that the application of CVD law to NMEs starting in 2006 was legal. China challenged this legislation at the WTO. The dispute resulted in a ruling that left open the possibility that the legislation violated the GATT, as well as a finding that the United States must investigate its application of countervailing and antidumping duties against China. This dispute has implications for a number of current WTO debates including: whether Appellate Body rulings create binding precedent, whether the Appellate Body should have authority to remand cases, and what information should be required in panel requests.
Cadmus permanent link: https://hdl.handle.net/1814/37425
ISSN: 1028-3625
Series/Number: EUI RSCAS; 2015/68; Global Governance Programme-190; Global Economics
Keyword(s): Non-market economies Countervailing and antidumping duties Precedents Remand authority World Trade Organization
Other topic(s): Trade, investment and international cooperation