U.S. Trade Remedy Laws and Nonmarket Economies: A Legal Overview [March 14, 2012] [open pdf - 425KB]
"Two major U.S. trade remedies, each set out in Title VII of the Tariff Act of 1930, are antidumping (AD) law, which combats the sale of imported goods at less than their fair market value, and countervailing duty (CVD) law, which is aimed at offsetting foreign government subsidization of imported items. If dumped or subsidized imports are found to cause material injury, or threat, to a domestic industry, and the dumping margin or the net subsidy is not 'de minimis,' antidumping or countervailing duties will be imposed. Both remedies are available when goods are imported from competitor countries that have free market policies. Since 1984, however, only AD law had been applied to goods from nonmarket or other 'transitional' economies. With the continued economic growth of some of these economies, such as China and Vietnam, pressure has increased on the U.S. government to utilize both domestic trade remedies more aggressively against unfair imports from these countries. This report discusses the application of antidumping and countervailing duty law to the goods of nonmarket economy (NME) countries[.]"
CRS Report for Congress, RL33976