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America told to desist from CVD
CHINA'S Ministry of Commerce yesterday called on the United States to correct its wrong practice of slapping countervailing duties on Chinese imports when it does not give official recognition to the market economy status of China.
A statement on the ministry's website said the US side has for many years been launching countervailing probes against Chinese products, which violates World Trade Organization rules and lacks legal support of US laws.
The statement came after the US Court of Appeals for the Federal Circuit (CAFC) decided on Monday that the US CVD law should not apply to "non-market economy" (NME) countries.
The ministry said that the US Department of Commerce had started anti-subsidy investigations against China since November 2006 even though current US law states that government payments cannot be characterized as "subsidies" in an NME context, thus countervailing duty law does not apply to NME countries.
However, at the same time, the US is one major developed nation that has loitered for years in officially recognizing the full market economy status of China, the world's second largest economy.
"The US has more frequently resorted to AD and CVD duties against Chinese products, particularly after the global financial crisis broke out," the statement said, adding the US government's AD plus CVD probes against Chinese products totaled 30 during the past five years, without the authorization of US laws.
"The US Commerce Department is slapping anti-dumping duties on Chinese products through the method of seeking a surrogate nation, at the same time, it also wants a CVD, that's unfair treatment for Chinese companies and does harm to their interests," an unidentified official in charge of the Bureau of Fair Trade for Imports and Exports under the ministry was quoted as saying.
The official said the appellate body of the WTO also ruled in China's favor this March, declaring that the imposition of such a double penalty by the US against Chinese products broke WTO trade rules.
The CAFC decision came after Chinese tire maker Hebei Starbright Tire Co Ltd and its US-based parent company GPX International Tire Corp appealed to the US Court of International Trade following a decision by the Commerce Department to levy a 14-percent CVD on Hebei Starbright Tire in August 2008, China Business News reported.
A statement on the ministry's website said the US side has for many years been launching countervailing probes against Chinese products, which violates World Trade Organization rules and lacks legal support of US laws.
The statement came after the US Court of Appeals for the Federal Circuit (CAFC) decided on Monday that the US CVD law should not apply to "non-market economy" (NME) countries.
The ministry said that the US Department of Commerce had started anti-subsidy investigations against China since November 2006 even though current US law states that government payments cannot be characterized as "subsidies" in an NME context, thus countervailing duty law does not apply to NME countries.
However, at the same time, the US is one major developed nation that has loitered for years in officially recognizing the full market economy status of China, the world's second largest economy.
"The US has more frequently resorted to AD and CVD duties against Chinese products, particularly after the global financial crisis broke out," the statement said, adding the US government's AD plus CVD probes against Chinese products totaled 30 during the past five years, without the authorization of US laws.
"The US Commerce Department is slapping anti-dumping duties on Chinese products through the method of seeking a surrogate nation, at the same time, it also wants a CVD, that's unfair treatment for Chinese companies and does harm to their interests," an unidentified official in charge of the Bureau of Fair Trade for Imports and Exports under the ministry was quoted as saying.
The official said the appellate body of the WTO also ruled in China's favor this March, declaring that the imposition of such a double penalty by the US against Chinese products broke WTO trade rules.
The CAFC decision came after Chinese tire maker Hebei Starbright Tire Co Ltd and its US-based parent company GPX International Tire Corp appealed to the US Court of International Trade following a decision by the Commerce Department to levy a 14-percent CVD on Hebei Starbright Tire in August 2008, China Business News reported.
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