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Filling in the Blanks: The WTO Appellate Body’s First Two Reports concerning the NME-Related Aspects of TDI against China

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Chapter Summary

Since China joined the WTO in 2001, it has been involved in many WTO dispute settlement proceedings. By far the larger portion of these disputes has taken place during the second half of this ten year period. China thus far has used the WTO dispute settlement system primarily to challenge various trade defence instrument (TDI) measures imposed against it by the United States and EU. This chapter focuses on two such cases. In the first, United States-Definitive Antidumping and Countervailing Duties on Certain Products from China, China challenged, among others, the imposition of concurrent anti-dumping and countervailing duties by the United States. To make its case that China is an "NME" both legally and factually, the EU cited provisions of China's Protocol of Accession and its Working Party Report, as well as evidence with respect to the current factual nature of China's economy.

Keywords: anti-dumping and countervailing duties; China; EU; NME; trade defence instrument (TDI); United States; WTO



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