WTO关于中美关税裁决书（全文）-87页_812kb

Summary of the United States - Countervailing Duty Measures on Certain Products from China Arbitration

Introduction

This arbitration decision was initiated by China against the United States concerning the imposition of countervailing duties (CVD) on certain products from China. The measures were found to be inconsistent with the World Trade Organization (WTO) rules in the original and compliance proceedings. China has requested the Dispute Settlement Body (DSB) to authorize the suspension of concessions at an annual amount.

Procedural Matters

2.1 Prior Stages of the Dispute

• The dispute began with China's challenge to the U.S. CVD measures.
• The U.S. measures were initially determined to be WTO-inconsistent.
• China then sought authorization from the DSB to suspend concessions, leading to the arbitration process.

2.2 Present Arbitration Proceedings

• The arbitration is based on Article 22.6 of the DSU.
• The U.S. and China presented their arguments, which were summarized in Annex B.
• The U.S. provided detailed data inputs and calculations for the arbitration in Annex C.

2.3 Treatment of Business Confidential Information (BCI)

• BCI was omitted from the decision, as indicated in the document.
• The Arbitrator applied specific procedures to handle BCI, as outlined in Annex A-2.

Determination of the Level of Nullification and Impairment

The core of the decision involves calculating the level of nullification or impairment (N/I) caused by the U.S. CVD measures. This calculation is based on the impact of these measures on trade flows and domestic industries.

3.1 Scope of the Proceedings

• The scope includes the assessment of CVD rates and their effects on the U.S. market for various products.
• The products in question include Pressure Pipe, Kitchen Shelving, Seamless Pipe, Print Graphics, and others.

3.2 Counterfactual

• A counterfactual scenario was used to assess the impact of the CVD measures in the absence of the measures.
• The counterfactual was based on data from the year prior to the imposition of the CVD measures and the remedy year (the year when the measures were applied).

3.3 Methodology

3.3.1 Nested Approach to Elasticities of Substitution

• A nested approach was used to calculate the elasticities of substitution, which helps in understanding the responsiveness of demand to price changes.
• The method involves a two-step Armington model to estimate the impact of trade remedies.

3.3.2 Net-of-Duty Adjustment

• The net-of-duty adjustment was applied to correct for the effect of CVD on market prices.
• This adjustment is crucial in accurately reflecting the true impact of the trade measures.

3.3.3 Effects of Dumping on China's Market Shares

• The decision analyzed how U.S. anti-dumping measures affected China's market shares.
• It considered the potential distortion of trade and the impact on domestic industries.

3.3.4 Factors Other Than Trade Remedies (Rising Suppliers)

• The decision also examined the role of other factors, such as the rise of alternative suppliers, in influencing trade dynamics.
• These factors were considered in the context of how they might mitigate or exacerbate the impact of the CVD measures.

3.4 Data Inputs

• The Arbitrator used a variety of data inputs, including:
  • Year-prior data for U.S. market values.
  • Remedy year data for U.S. market values.
  • Elasticity data to model demand and supply responses.

3.5 Implementation and Final N/I Calculation

• The two-step Armington model was implemented using Stata code.
• The final N/I calculation was based on the model's output, incorporating both CVD and anti-dumping (AD) duty rates.
• The calculation also considered supply shocks and other economic factors.

Conclusion

The Arbitrator concluded that the U.S. countervailing duty measures on certain products from China were WTO-inconsistent. The level of nullification and impairment was calculated using a detailed economic model and data inputs. The decision emphasizes the importance of accurate data and proper methodology in assessing the impact of trade measures. It also highlights the role of business confidential information in the arbitration process and the need for transparency and consistency in trade remedy applications.

Annexes

Annex A: Working Procedures of the Arbitrator

• Contains the working procedures for the arbitration process.
• Includes procedures for handling BCI and remote participation in meetings.

Annex B: Arguments of the Parties

• Summarizes the arguments presented by the U.S. and China.
• Includes executive summaries of both parties' positions.

Annex C: Data Inputs and Calculations

• Provides detailed data and calculations used in the N/I determination.
• Includes data for various products and years, as well as the implementation of the Armington model.

Exhibits

The decision references numerous exhibits, including:

• Data inputs for market values, elasticities, and CVD/AD rates.
• Stata code for implementing the two-step Armington model.
• Graphs and tables showing the level of nullification and impairment.
• Reports and datasets from the U.S. International Trade Commission (USITC) and other relevant agencies.

Cases Cited

Several WTO cases were cited for reference, including:

• Brazil - Aircraft: Related to Article 22.6 of the DSU.
• Canada - Aircraft Credits and Guarantees: Also under Article 22.6.
• EC - Bananas III (Ecuador) and (US): Involves trade measures and Article 22.6.
• EC - Hormones: Related to countervailing and antidumping measures.
• US - 1916 Act (EC): Concerns the U.S. Anti-Dumping Act of 1916.
• US - Anti-Dumping Methodologies (China): Related to the application of trade remedies.
• US - Countervailing Measures (China): Multiple cases involving CVD measures on Chinese products.
• US - Large Civil Aircraft (2nd complaint): Concerns trade measures and Article 22.6.
• US - Tuna II (Mexico): Related to trade measures and Article 22.6.

Other Information Referenced

• Decreux and Valin (2007): A model for trade policy analysis.
• Pierce and Schott (2012): A concordance of U.S. Harmonized System codes with SIC/NAICS classifications.
• U.S. Census Bureau Data: Annual Survey of Manufactures for 2010, 2015, 2016, and 2017.
• USITC Databew: A database used for import and export statistics.

Abbreviations

• BCI: Business Confidential Information
• CGE: Computable General Equilibrium
• CVD: Countervailing Duty
• DSB: Dispute Settlement Body
• DSU: Understanding on Rules and Procedures Governing the Settlement of Disputes
• GATT 1994: General Agreement on Tariffs and Trade 1994
• HTSUS: Harmonized Tariff Schedule of the United States
• NAICS: North American Industry Classification System
• N/I: Nullification or Impairment
• OCTG: Oil Country Tubular Goods
• PPI: Producer Price Index
• SCM Agreement: Agreement on Subsidies and Countervailing Measures
• USITC: United States International Trade Commission
• WTO: World Trade Organization

Tables

The decision includes the following tables:

• Table 1: CVD rates in force at the expiry of the RPT for Line Pipe, OCTG, and Seamless Pipe.
• Table 2: Revised Section 129 CVD rates for Line Pipe, OCTG, and Seamless Pipe.
• Table 3: Dates of determination of the CVD and AD orders.
• Table 4: Years-prior advanced by the parties for each of the ten products at issue.
• Table 5: Preliminary and final CVD determinations for the six products concerned by the parties' disagreement.
• Table 6: Years-prior relied upon by the Arbitrator.
• Table 7: Year-prior (2007) market sales for Pressure Pipe.
• Table 8: Year-prior (2008) market sales for Line Pipe.
• Table 9: Year-prior (2008) market sales for Kitchen Shelving.
• Table 10: Year-prior (2008) market sales for OCTG.
• Table 11: Year-prior (2008) market sales for Wire Strand.
• Table 12: Year-prior (2009) market sales for Seamless Pipe.
• Table 13: Year-prior (2009) market sales for Print Graphics.
• Table 14: Year-prior (2009) market sales for Aluminum Extrusions.
• Table 15: Year-prior (2010) market sales for Steel Cylinders.
• Table 16: Year-prior (2011) market sales for Solar Panels.
• Table 17: Remedy-year market sales for Pressure Pipe.
• Table 18: Remedy-year market sales for Line Pipe.
• Table 19: Remedy-year market sales for Kitchen Shelving.
• Table 20: Remedy-year market sales for OCTG.
• Table 21: Remedy-year market sales for Wire Strand.
• Table 22: Remedy-year market sales for Seamless Pipe.
• Table 23: Remedy-year market sales for Print Graphics.
• Table 24: Remedy-year market sales for Aluminum Extrusions.
• Table 25: Remedy-year market sales for Steel Cylinders.
• Table 26: Remedy-year market sales for Solar Panels.
• Table 27: Estimated level of nullification and impairment.