U.S. Court ruled anti-dumping investigation against China's tires was unreasonable

The head of the Bureau of Fair Trade of the Ministry of Commerce sanctioned the counter-subsidy investigation of the Chinese company in the case of Hebei Xingmao Tire Co., Ltd. v. the US Department of Commerce’s Anti-dumping and Countervailing Investigation Case on September 23 and ruled that the US Department of Commerce’s practice is not Reasonably welcome.

The responsible person pointed out that the United States investigation agency's investigation of anti-dumping and anti-subsidy against Chinese products was inconsistent with the relevant provisions of the WTO and the U.S. internal law, and constituted an unfair treatment for Chinese enterprises. China urges the U.S. investigative authorities to follow the court's decision and correct the mistaken practice of anti-subsidy investigation of Chinese products without recognizing the status of China's market economy.

Recently, the U.S. International Trade Court ruled in the “Anti-Dumping and Anti-subsidy Investigation Case of Hebei Xingmao Tyre Co., Ltd. against the U.S. Department of Commerce” that the U.S. Department of Commerce calculated and levied anti-dumping duties on Chinese products using alternative countries to non-market countries. The imposition of a countervailing duty is likely to lead to double counting of tax rates. The court requested the U.S. Department of Commerce to re-evaluate the case within 90 days and submit it to the court for review. It also pointed out that the U.S. Department of Commerce should “take away from the countervailing duty on Chinese products or modify the anti-dumping and countervailing investigations for non-market economy countries. Policies and Procedures." The person in charge of the Fair Trade Bureau of the Ministry of Commerce welcomed this.

The responsible person pointed out that the Chinese side has always believed that the US investigation agencies did not carry out anti-dumping and anti-subsidy merger investigations on Chinese products without recognizing the status of China’s market economy, and did not comply with the relevant provisions of the WTO and the U.S. Internal Law, and constituted an unfair treatment of Chinese enterprises. Treatment has damaged the legitimate export interests of Chinese companies.

After U.S. levied anti-dumping countervailing duties on Chinese tires imported into U.S. roads in September 2008, we supported Hebei Xingmao Tire Co., Ltd., the involved company, to sue the U.S. Department of Commerce to U.S. Court. After a one-year trial, the court accepted the defense claims of Chinese companies and ruled that the US Department of Commerce’s practice was unreasonable.

Although the ruling also requires the US Department of Commerce to take action to implement it, the US Department of Commerce may also appeal to the court of second instance, but this undoubtedly marks a breakthrough for Chinese companies to oppose US trade protectionism and strive for fair treatment.

The person in charge said that the Fair Trade Bureau of the Ministry of Commerce will pay close attention to the progress of this case and support my company’s efforts to obtain fair treatment through judicial proceedings. At the same time, China urges the U.S. investigative authorities to abide by the judgment of the court and correct the mistaken practice of anti-subsidy investigation of Chinese products without recognizing the status of China's market economy.

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