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Revisiting Procedure and Precedent in the WTO: An Analysis of US — Countervailing and Anti-Dumping Measures (China)

27 Pages Posted: 5 Aug 2015 Last revised: 2 Sep 2015

Mostafa Beshkar

Indiana University - Bloomington

Adam S. Chilton

University of Chicago - Law School

Multiple version iconThere are 2 versions of this paper

Date Written: September 1, 2015

Abstract

After not applying countervailing duty (CVD) law against non-market economies (NMEs) for two decades, the United State opened a CVD investigation against China in 2006. After extensive litigation, a U.S. appeals court ruled that it was illegal to apply CVD law to NMEs. While that ruling was being appealed, the U.S. Congress passed legislation stipulating that the application of CVD law to NMEs starting in 2006 was legal. China challenged this legislation at the WTO. The dispute resulted in a ruling that left open the possibility that the legislation violated the GATT, as well as a finding that the United States must investigate its application of countervailing and antidumping duties against China. This dispute has implications for a number of current WTO debates including: whether Appellate Body rulings create binding precedent, whether the Appellate Body should have authority to remand cases, and what information should be required in panel requests.

Keywords: Trade, WTO, Countervailing Duty, Precedent

JEL Classification: F10, F19, K33

Suggested Citation

Beshkar, Mostafa and Chilton, Adam S., Revisiting Procedure and Precedent in the WTO: An Analysis of US — Countervailing and Anti-Dumping Measures (China) (September 1, 2015). University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 728. Available at SSRN: https://ssrn.com/abstract=2639695

Mostafa Beshkar

Indiana University - Bloomington ( email )

100 South Indiana Ave.
Bloomington, IN 47405
United States

HOME PAGE: http://pages.iu.edu/~mbeshkar

Adam S. Chilton (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

HOME PAGE: http://www.adamchilton.org

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