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    Tariff Law Changes &Nbsp; The US Trade Policy Toward China Escalate.

    2012/3/8 8:46:00 19

    Tariff Law USA China

    The United States is promoting

    Domestic legislative procedure

    In order to legalize the Levy of countervailing duty on "non market economy countries".

    According to Xinhua news agency, the US Senate voted 5 days to pass a bill to amend the tariff law of 1930, in order to levy countervailing duty on so-called "non market economy countries" such as China and Vietnam.


    It is reported that before the formal entry into force of the bill, it is necessary for the US House of representatives to vote with President Obama, and the house of Representatives is expected to vote on the 6 day as early as possible.


    "This action clearly reveals the stronger US trade policy signals."

    Experts interviewed by the economic reference Daily said that the bill is likely to be passed in the house of Representatives, combined with the current domestic economic and political factors.

    This means that in the future, the United States will not be subject to domestic legislation to impose countervailing duties on so-called "non market economy countries" such as China.


    The reason why the United States revised the anti subsidy "1930 year tariff law" came from a ruling by the US court at the end of last year.

    In December 19, 2011, the Federal Circuit appeals court ruled that the MOFCOM could not conduct countervailing investigations in the case of China as a "non market economy country".

    At that time, the ruling was regarded as "the end of the era of countervailing investigations by non market economy countries" by the United States.


    In the face of such a ruling, the United States either recognized China's market economy status or pushed the domestic legislative process to amend the law.

    Most Chinese experts have said that the legislative process will take quite a long time to take into account the deadline of 2016 (in accordance with China's accession to the WTO agreement, China will automatically gain market economy status in 2016).


    But now, in the face of the upcoming general election and the persistently high unemployment rate, some US policymakers have chosen to amend the legislation so as to show their trade attitudes more strongly.

    In February 29th, US trade representative Ron Kirk testifies in the house of representatives that the decision of the federal court damaged the trade enforcement capability of the United States. The US Senate and house of Representatives quickly drafted a bill to amend the US tariff law after the hearing.


    Cheng Yongru, member of the board of directors of the European Union and American Student Association, said that it is untenable to initiate anti-dumping and countervailing investigations against non market economy countries, both in terms of law and economics. Its legislation and practice also violate the rules of WT O.

    Such unilateralism is against globalization and is not conducive to solving the problem of unemployment and manufacturing competitiveness in the United States.


      

    AllBright Law Offices

    In an interview with reporters, Fu Donghui, a partner lawyer, said that the possibility of the passage of the bill was very large, mainly due to the political factors approaching the US general election and the strategy of the us to revive the manufacturing industry.

    However, after the W T O appellate body has ruled that "double relief" is unreasonable, the US law amendment needs to answer the question of "how to avoid double relief".


    Prior to that, the Chinese side resorted to the WTO's dispute resolution mechanism, and the WTO appellate body has ruled that the "double relief" act of the US is in violation of WTO rules.


    In fact, since the beginning of this year, the United States has released many tough signals about China's trade.

    At the end of January, Obama's state of the Union address said that the trade case against China had "received results" and announced that it would set up a trade law enforcement department to investigate "unfair trade practices" in countries like China.

    Just a month later, the Department was set up. This shows the determination of the United States to exert pressure on China on trade issues.


    Meanwhile, the US trade disputes with China also showed signs of exacerbation.

    In February 10th, the US International Trade Commission ruled that China's application of wind power towers to the United States caused substantial damage to us related industries.

    In February 22nd, the United States launched a "337 survey" specifically for intellectual property rights for three categories of products, including 13 Chinese companies involved. If Chinese enterprises failed to sue or fail, they would be excluded from the US market.

    Only a week later, the United States launched another "337 survey" for two Chinese companies.


    Song Hong, director of the International Trade Research Institute of the Institute of world economics and politics of the Academy of Social Sciences, told reporters that this year is the election year of the United States. Driven by political pressure, the United States may be more tough in the field of trade.

    He warned that this would cause other countries to follow suit.


      

    Research Fellow, Ministry of Commerce

    Mei Xin Yu said that between last year and this year, the Sino US trade disputes were at a high incidence. On the one hand, the domestic economy of the United States was not very good, and it was also the year of election year, that is, the year when the trade protectionists performed.

    Another important reason is that the US government has put forward a plan to push forward the "re industrialization". It hopes that through the redevelopment of the domestic manufacturing industry, the domestic economy will be released from the crisis as soon as possible through the reflux of overseas manufacturing links.

    At the same time, the pressure to stabilize exports in China is also very large, especially for electromechanical products with relatively high technology content. This year, the pressure of maintaining and expanding export markets is quite large.

    Greater pressure to expand the market has been associated with greater protectionist motives in the US.


    "To prepare for a trade war in 2012", Wei Jianguo, Secretary General of the China International Economic Exchange Center and former Vice Minister of Commerce, said that the trend of the US should be noted in particular.

    He also mentioned that many countries are now protecting themselves by lowering the exchange rate of the currency to increase exports, including the US President Obama's export doubling plan.

    "In 2011, we are already the world's largest anti-dumping and countervailing target, and we will have more in 2012."

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