China and the United States Hold Consultation on the U.S. Tariff Law Amending the WTO Trade Dispute Case
On November 5, according to the WTO Dispute Settlement Rules, China and the United States held consultations in Geneva on the U.S. Customs Law Revision Act (ie, the GPX Act) and exchanged opinions on the issues involved. In the next step, based on the results of the consultation, the Chinese side will study whether to proceed with the case to the expert group stage. On September 17, 2012, China proposed to negotiate with the United States under the WTO dispute settlement mechanism regarding the misguided manner in which the United States violated WTO rules in the GPX Act and formally initiated the WTO dispute settlement procedure.
China and the United States Hold Consultation on the U.S. Tariff Law Amending the WTO Trade Dispute Case
On November 5, according to the WTO Dispute Settlement Rules, China and the United States held consultations in Geneva on the U.S. Customs Law Revision Act (ie, the GPX Act) and exchanged opinions on the issues involved. In the next step, based on the results of the consultation, the Chinese side will study whether to proceed with the case to the expert group stage.
On September 17, 2012, China proposed to negotiate with the United States under the WTO dispute settlement mechanism regarding the misguided manner in which the United States violated WTO rules in the GPX Act and formally initiated the WTO dispute settlement procedure.
Since 2006, the United States has launched more than 30 anti-subsidy investigations against China in the absence of a domestic legal basis. After the U.S. Federal Circuit Court of Appeals clarified that U.S. does not have the right to conduct anti-subsidy investigations against non-market economy countries, U.S. passed the "Customs Tariff Act of 1930" (Case No. HR4105, the GPX Act) in March 2012, authorizing U.S. The Ministry of Commerce may apply anti-subsidy measures to non-market economy countries, and retroactively pursue the legality of previous investigations. This approach of the United States places Chinese companies in an uncertain legal environment, which violates the WTO's rules on transparency and due process.