U.S. Trade Remedy Laws and Nonmarket Economies: A Legal Overview [May 23, 2012]   [open pdf - 402KB]

"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. […] This report (1) discusses the application of antidumping and countervailing duty law to the goods of nonmarket economy (NME) countries, including the decision of the Department of Commerce (DOC) in 2007 to change its long-standing policy and apply CVD law to such goods; (2) reviews China's successful case in the World Trade Organization challenging the U.S. application of CVDs to Chinese products and the status of U.S. compliance efforts in the case; (3) examines the December 2011 decision of the U.S. Court of Appeals for the Federal Circuit in GPX Int'l Tire Corp. v. United States holding that the U.S. CVD law does not authorize DOC to apply CVDs to NME country goods; (4) summarizes the subsequently enacted P.L. 112-99, signed March 13, 2012, a statute authorizing DOC to apply CVDs to such products; and (5) notes recent developments in the GPX litigation."

Report Number:
CRS Report for Congress, RL33976
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