Why Will China Establish a Government-Sponsored Response Mechanism in Countervailing Games?

in The Journal of World Investment & Trade
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The Journal of World Investment & Trade

Law • Economics • Politics

References

2 Diao Ying, Disputes grow with trade, China Daily, Updated: 2008-04-25 11:25, at http://www.chinadaily.com.cn/bizchina/2008-04/25/content_6644127.htm (last visited September 10, 2008). ' See, Julien Chaisse, Debashis Chakraborty, K. D. Raju, Anti-dumping measures in the context of global competition - Amending a core agreement of the WTO, in: Julien Chaisse and Tiziano Balmclli, Essays on the Future of the World Trade Organization (Volume 1) - Policies and Legal Issues, (Geneva: Editions Interuniversitaires Suisses - Edis 2008) 303-332. For example, in the latest Section 337 Investigation, which was initiated by the US International Trade Commission (Ire) on March 20, 2008, four of the twenty-nine corporations involved are Chinese ones. See I rc, ITC institutes section 337 investigation on certain short-wavelength light emitting diodes, laser diodes and products containing same, News Release 08-027, Inv. No. 337-TA-640, at http://www.usitc.gov/ext_relations/news_release/2008/ er0320a2.htm (last visited September 10, 2008). On April 13, 2004, the Canada Border Services Agency (CHSA) announced the initiation of an investigation into the alleged injurious dumping and subsidization of outdoor barbeques from the People's Republic of China, which was also the first countervailing duty investigation in the world into China's exports. For details, see Ct3sA, Canada Border Seroices Agency starts a dumping and subsidy iuvestigation into outdonr barbegues, available at http://www.cbsa-asfc.gc.ca/media/antidumping/2004/0413ottawa-eng.html (last visited August 12, 2008).

6 United States Trade Representative, U.S.-China Trade Relations: Entering a New Phase of Greater Accountability and Enforcement, Top-to-Bottom Review, dated February 2006, available at www.ustr.gov (last visited July 26, 2008). The Top-to-Bottom review assesses the benefits and challenges in US-China trade following China's first four years of membership of the World Trade Organization, as China nears the end of its transition period as a new member. Rob Portman, the former United States Trade Representative (USTR), wrote in a release summarizing the report that: "As a mature trading partner, China should be held accountable for its actions and required to live up to its responsibilities, including opening markets and enforcing intellectual property rights," and what is more, that "(tJhe time has come to readjust our trade policy with respect to China" and "[w]e will use all options available to meet this challenge." See CJSr2 to Strengthen Enforcement in Readjustment of U.S.-China Trade Policy, dated February 14, 2006, available at http://www.ustr.gov/Document_Library/Press_Releases/2006/February/USTR to- Strengthen_Enforcement_in_Readjustment_of_US-China_Trade_Policy.html (last visited August 26, 2008). 7 See, Luan Xinjie and Julien Chaisse, "The CFS Case: Looking Back and Looking Forward" Clobal Trade and Customs Journal 4.1 (2009): 15-24. 8 China Customs, Foreign Trade Value Surpasses USS 2 7'rillions in 2007, dated January 11, 2008, available at www.customs.gov.cn (last visited September 25, 2008). 9 WTO, Agreement on Subsidies and Countervailing Measures of the World Trade Organization, available at docsonline.wto.org (last visited August 10, 2008).

'" WTO, Understandinq the Wro: the agreements. Anti-dumping, subsidies, safeguards: contingencies, etc., available at http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm8_e.htm#subsidies (last visited September 10, 2008). An example can be taken of Cssn, concerning the making of a final determination with respect to the subsidizing of Certain Copper Pipe Fittings Originating in or Exported from the Republic of Korea and the People's Republic of China, File No. 4218-21, CVD/1 18, dated February 2, 2007, available at http://cbsa-asfc.gc.ca/sima-lmsi/i-e/adl358/adl358- fd-de-eng.html (last visited September 28, 2008).

12 See, e.g., US Doc, Light-walled Rectaitqiilar Pipe and Tubefrom the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination, 72 FR 67703 (November 30, 2007).

13 Ibid.. 14 For instance, in the case of Light-walled Rectangular Pipe and Tube from China, a mandatory respondent, Qingdao Xiangxing Steel Pipe Co., Ltd. did not respond to the Doc's CVD questionnaire. Ibid. �� Taking Shandong Chenrning Paper Holdings Ltd (Chenming) as an example. This enterprise withdrew the materials it had submitted in the CVD investigation into coated free sheet and finally the Doc was "unable to verify which programs actually conferred benefits on Chenming" and "made the adverse inference that Chenming received countervailable subsidies under 20 subsidy programs". See Doc, Issues and Decision Memorandum for the Final Detennination on the Countervailing Duty Investigation qf Coated Free Sheet from the People's Republic of China, October 17, 2007.

n, Ibid.

17 US Doc, Notice oJ Initiation of Countervailing Duty lnvestyn��·ns: Coated Free Sheet Paper from the Penyle's Republic of China, Indonesia, and the Republic of Korea, 71 PR 68546 (November 27, 2006). For a detailed discussion, also see Luan and Chaissc (2009), as note 7, supra. Is Ibid. 19 Ibid.

=° The four bodies refer to the related functional sector at central government level, local foreign trade administration authorities, exporting enterprise and the relative association. 21 One of the functions of the system is coordinating the entire provincial countervailing response work. See the Government of Zhejiang Province, Notice of StrenAtheniry exporting Countervailing Response Work, dated March 21, 2008, No. 24 [2008], available at http://www.nbfet.gov.cn/zcq/detai).phtmj?newld=11552 (last visited November 10, 2008).

22 Herbert Croly, The Promise of American Life, cited by William L. Anderson, The Progressive Era, Part 1: 7he Mytdt and the Reality, Posted June 9, 2006, available at http://www.fff.org/ffeedom/fd0602d.asp (last visited September 27, 2008).

CBSA, 2004, Canada Border Services Agency starts a dumping and subsidy investigation into outdoor barbeques, available at http://www.cbsa-asfc.gc.ca/media/antidumping/2004/0413ottawa-eng.html.

Idem, 2007, concerning the making of a final determination with respect to the subsidizing of Certain Copper Pipe Fittings Originating in or Exported from the Republic of Korea and the People's Republic of China, File No. 4218-21, CVD/118, February 2, available at http://cbsa-asfc.gc.ca/sima-lmsi/i-e/ adl 358/ad1358-fd-de-eng.html.

Idem, 2006, Anti-dumping and Countervailing Program, Certain copper pipe fittings ― Notice of Initiation of Investigation, Ottawa, June 8, available at http://www.cbsa-asfc.gc.ca/sima-lmsi/i-e/ad1358/ ad1358ni-eng.html.

Diao Ying, 2008, Disputes grow with trade, China Daily, Updated: 2008-04-25 11:25, at http://www.chinadaily.com.cn/bizchina/2008-04/25/content_6644127.htm.

Doc, 2007, Light-walled Rectangular Pipe and Tube from the People's Republic of China: preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination, 72 FR 67703 (November 30, 2007).

Idem, 2007, Issues and Decision Memorandum for the Final Determination on the CVD investigation of Coated Free sheet from the People's Republic of China, October 17.

Idem, 2007, Issues and Decision Memorandum for the Final Determination in the CVD investigation of Coated Free Sheet from the People's Republic of China, Comment 1: Applicability of the CVD Law to China, C-570-907, October 17.

Idem, 2007, Notice of Initiation of CVD investigations: Coated Free Sheet Paper from the People's Republic of China, Indonesia, and the Republic of Korea, 71 FR 68546 (November 27, 2006).

Dongsheng Chen, 2007, Responding to Countervailing: An Investigation from Zhejiang Province, April 8, available at http://news.sohu.com/20070408/n249281502.shtml.

Julien Chaisse, Debashis Chakraborty, K. D. Raju, Anti-dumping measures in the context of global competition - Amending a core agreement of the WTO, in: Julien Chaisse and Tiziano Balmelli, Essays on the Future of the World Trade Organization (Volume 1) ― Policies and Legal Issues (Geneva: Editions Interuniversitaires Suisses - Edis 2008) 303-332.

Luan Xinjic and Julien Chaisse. "The CFS Case: Looking back and Looking forward" Global Trade and Customs Journal 4.1 (2009): 15-24.

The Government of Zhejiang Province, China, 2008, Notice of Strengthening Exporting Countervailing Response Work, March 21, No. 24 [2008], available at http://www.nbfet.gov.cn/zcq/detail. phtml?newId=11552.

US ITC, 2008, ITC Institutes Section 337 Investigation On Certain Short-Wavelength Light Emitting Diodes, Laser Diodes And Products Containing Same, News Release 08-027, Inv. No. 337-TA-640, at http://www.usitc.gov/ext_relations/news_release/2008/er0320ff2.htm.

USTR, 2006, USTR to Strengthen Enforcement in Readjustment of U.S.-China Trade Policy, February 14, at http://www.ustr.gov/Document Library/Press_Releases/2006/February/ USTR_to_Strengthen_Enforcement_in_Readjustment_of_US-China_Trade_Policy.html.

WTO, Agreement on Subsidies and Countervailing Measures of the World Trade Organization, available at docsonline.wto.org.

Idem,Understanding the WTO: The Agreements, Anti-dumping, Subsidies, Safeguards: Contingencies, etc., available at http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm8_e.htm#subsidies.

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