CWR > Volume 1(1); 2015 > Current Developments
Research Paper
Published online: March 1, 2015
DOI: http://dx.doi.org/10.14330/cwr.2015.1.1.04
The WTO Panel's Report concerning Anti-Dumping and Countervailing Duties on Certain Automobiles from the United States: Reasoning and Evidence for WT/DS 440
Xifeng Chen
Xiamen University School of Law
School of Law, Xiamen University, Xiamen, Fujian, China
Corresponding Author: cxifeng@xmu.edu.cn
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
On June 18, 2014, the WTO's Dispute Settlement Body adopted the Panel report on China - Anti-Dumping and Countervailing Duties on Certain Automobiles from the United States case. There are questions that are still left open or ambiguous, and some notable findings have been introduced. For the procedure, the major issues are whether the non-confidential summaries of data were sufficient to reasonably understand the information, the admissibility of the delayed letter from parties and whether the notice and registration of Investigation Authorities could justify the facts available for determination of Residual rates. As regards the substantive issues, the discussion focuses on whether there is a self-selection process to distort the domestic industry definition and the price comparability between subject imports and the domestic like product. By analyzing the arguments, evidences and reasoning in these regards, this review points out questions that still need future clarification.
Keywords : China - Autos, Anti-dumping, Non-confidential Summaries, Admissibility of Evidence, Self-selection, Price Comparability
