Category Archives: China

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The U.S. Fights Back at the WTO on China’s NME Status

Last week, the United States filed its first legal analysis of the China non-market economy issue in a dispute at the World Trade Organization brought by China against the European Union. As we have reported here and here, the question of whether the United States would continue to treat China as an non-market economy (“NME”) … Continue Reading

In Rare Move, Trump’s Commerce Secretary Self-Initiates Chinese Aluminum Trade Remedy Cases

  The U.S. Department of Commerce self-initiated antidumping and countervailing investigations of common alloy aluminum sheet from China on November 28.  An accompanying fact sheet estimates dumping margins on the subject merchandise to be between 56.54 and 59.72 percent, and estimates a subsidy rate above de minimis.  Trade cases are typically initiated in response to … Continue Reading

Commerce Continues China’s Status as a Non-Market Economy

On October 26, 2017, the Department of Commerce  announced the results of an investigation concluding that China is a non-market economy (“NME”) country for purposes of Commerce’s antidumping analysis.  Commerce’s decision continues the long-standing practice of the agency with respect to the antidumping methodology it applies to cases involving China. Commerce was spurred to review … Continue Reading

Commerce Announces Preliminary Determination in Antidumping Investigation of Aluminum Foil from China and Determines that China Continues to Be a Non-Market Economy

On Friday, October 27, 2017, the Department of Commerce announced its affirmative preliminary determination in the antidumping duty investigation on aluminum foil from China.  The Department calculated preliminary dumping margins of 96.81 and 162.24 percent for the two mandatory respondents under investigation.  Additionally, the Department set the rate for the PRC-wide entity at 162.24 percent … Continue Reading

U.S. Trade Negotiator Calls China “Unprecedented” Threat

On Monday September 18th, U.S. Trade Representative Robert Lighthizer warned that China’s trade practices represent “a threat to the trading system that is unprecedented.”  This was his first public speech since being confirmed in May as USTR. The World Trade Organization (“WTO”) cannot “successfully manage mercantilism on this scale,” said Lighthizer at an event hosted … Continue Reading

Commerce Announces Preliminary Subsidy Margins on Certain Tool Chests and Cabinets from China

On September 12th, the Commerce Department announced preliminary subsidy rates in its countervailing duty (“CVD”) investigation of certain tool chests and cabinets from China.  The rates calculated for the two examined Chinese producers and most other Chinese producers/exporters range from 17.32 to 32.07 percent.  See the Fact Sheet here. In addition, thirty-one Chinese companies that … Continue Reading

USTR Lighthizer Keeps Promise, Swiftly Initiates Investigation into Potential Chinese IP Violations

Four days after President Trump signed a memorandum directing the U.S. Trade Representative (“USTR”) to determine whether to initiate a Section 301 investigation of Chinese laws, policies, practices, or actions that may be harming the intellectual property rights of U.S. persons, USTR Lighthizer formally announced the initiation of an investigation on August 18, 2017. The … Continue Reading

Trump Administration Takes Steps to Identify Chinese Violations of U.S. Intellectual Property Rights

On Monday, August 14, 2017, President Trump signed a memorandum directing the U.S. Trade Representative (“USTR”) to determine whether to initiate a Section 301 investigation of Chinese laws, policies, practices, or actions that may be harming the intellectual property rights of U.S. persons. In a Section 301 investigation, if the USTR determines that a Chinese … Continue Reading

Schumer Urges Trump to Suspend All China-Related Mergers Pending Before CFIUS to Exact Tougher Approach on North Korea

Senate Minority Leader Charles Schumer wants President Trump to take a stand against China for its kids-gloves response to North Korea’s nuclear missile activity by using the Committee on Foreign Investment in the United States (CFIUS) to deny all pending requests involving Chinese acquisition of U.S. companies.  President Trump has been critical of China for … Continue Reading

US Govt Seeks $1.9 Million In North Korea Sanctions and Money Laundering Case

A recent suit filed by the U.S. Department of Justice (DOJ) for the forfeiture of nearly $2 million highlights the broad extraterritorial reach of U.S. sanctions laws.  On June 14, DOJ filed a complaint to seize funds associated with transactions between several Chinese companies, including Mingzheng International Trading Limited (Mingzheng).  Mingzheng and the other companies … Continue Reading
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