Polyethylene Retail Carrier Bags: Non-Market Economy Status and U.S. Unfair Trade Actions Against Vietnam

52 Pages Posted: 7 Dec 2009 Last revised: 15 Nov 2010

David A. Gantz

University of Arizona - James E. Rogers College of Law

Date Written: November 11, 2010

Abstract

Like China, Vietnam was required as a condition of WTO accession to accept that other WTO Members would be able to use non-market-economy methodology for an extended period (2018 in the case of Vietnam) when bringing antidumping actions against Vietnamese producers. Vietnam also agreed to the use of special non-national “benchmarks” for calculating the benefits derived from certain government subsidy programs when those programs were challenged under national countervailing duty actions. In 2009, the U.S Department of Commerce brought its first CVD action against Vietnam, Polyethylene Retail Carrier Bags.This article reviews the history of such actions against Vietnam (and to a lesser extent, China), with particular emphasis on the PRCB action and its implication for future U.S. unfair trade actions against Vietnam.

Keywords: dumping, subsidies, non-market economy, Vietnam, China

JEL Classification: F1

Suggested Citation

Gantz, David A., Polyethylene Retail Carrier Bags: Non-Market Economy Status and U.S. Unfair Trade Actions Against Vietnam (November 11, 2010). North Carolina Journal of International Law and Commercial Regulation, Vol. 36, p. 85, 2010; Arizona Legal Studies Discussion Paper No 09-38. Available at SSRN: https://ssrn.com/abstract=1519961 or http://dx.doi.org/10.2139/ssrn.1519961

David A. Gantz (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States
520-621-1801 (Phone)

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