1 October, the United States Court of international trade on the tyres I off-highway business (tyre co., Ltd Hebei simexco) v. United States Department of Commerce does not make a legitimate case anti-subsidy final judgment, the United States Department of Commerce requirements should be the judgment of the final effect, stop the plaintiff company for the countervailing duty order.
The judgment results together with the United States Court of international trade to make the case before the judgment means that twice, in the United States regarded China as non-market economy, while imposing anti-dumping duties and countervailing duties by not legitimate. The judgment results also marks our enterprises use judicial review mechanism challenges and questions the United States Department of Commerce's error made stage successfully. practice
China Ministry of Commerce of the United States Court of international trade welcomed and appreciated. China has consistently believed that the United States investigating authorities do not recognize the Chinese market economy status for China product combats merge investigation, does not comply with the WTO and the United States with the relevant provisions of the law, constitutes a Chinese enterprise of injustice, prejudice the legitimate interests of Chinese enterprises. United States Court of international trade in the after more than two years after the trial, the defence of the Chinese side.
The Chinese Ministry of Commerce said that despite the judgment of the United States Department of Commerce also needed to take action to perform, United States Department of Commerce may also choose to appeal the Court of second instance, but this no doubt represents the beauty of Chinese enterprises using mechanism of judicial review and challenge the United States Department of Commerce challenges the countervailing of phased success achieved error practices.
Against the United States contrary to its 23 years is not the so-called "non-market economy countries," applies anti-subsidy law practice, the opening of China's worst practices anti-subsidy investigation, 2008 Chinese enterprises involved in the tyre co., Ltd Hebei simexco are US Department of Commerce's originating to the Court of international trade. After my effective legal defence, September 18, 2009, the US Court of international trade, for the first time that US Department of Commerce in regards to the non-market economy country, alternative country method at the same time imposing anti-dumping duties and countervailing duties will be double relief, this practice is not reasonable to require u.s. Department of Commerce to reopen the case.
27 April this year, the United States Department of Commerce for international trade to the United States Court of its decision to be retried. 4 August, international trade court case to make a second judgment, believes that the United States Department of Commerce's retrial decided not to comply with court judgment on the first time, the Decree of the US Department of Commerce terminates the countervailing duties. 3 September, the US Department of Commerce, submitted its second judgment decision. The reviewing court decisions that respect, the plaintiff company terminated my countervailing duty orders, but to continue on other businesses do not participate in the prosecution of the imposition of countervailing duties. United States Court of international trade to make a final judgment accordingly.
The Chinese Ministry of Commerce said, will pay close attention to this case, processes, and continue to encourage and support my business through judicial proceedings to challenge the US unfair and unreasonable practice, for fair treatment. At the same time, China urges United States investigating authorities to follow the Court to rectify the non-recognition of China's market economy status cases on Chinese products anti-subsidy investigation of error.
It is reported that the US Department of Commerce and the United States industrial within 60 days to decide whether to file an appeal. If an appeal, the United States and international trade court decisions have to wait until the follow-up proceedings confirm that before the final effect. According to the analysis of the legal person, the US Department of Commerce and industry of that time in the United States is likely to be appealed.
No comments:
Post a Comment