ANNOUNCEMENT 06 Mar 2012In March 2012, the government of the United States of America announced changes to its trade defence rules.
NUMBER OF INTERVENTIONS
Congress approved a bill that authorizes the Commerce Department to apply countervailing duty trade remedies, retroactive to May, 2006, in cases of unfairly subsidized imports from nonmarket economies (NMEs) such as China and Vietnam. It also authorizes Commerce to adjust antidumping duties on unfairly traded NME imports on which CVD penalties are imposed if it can be shown that domestic subsidies have inflated the dumping margin, and if the Commerce Department is able to estimate an adjustment.
The Senate approved the bill (S.2153/H.R.4105) by unanimous consent on March 5 2012; the House followed the next day,passing it by a vote of 370-39. President Obama is expected to sign the bill into law shortly. This legislative 'fix' became necessary, in the view of its supporters, by a ruling of the Court of Appeals for the Federal Circuit last December in GPX Int'l Tire Corp. v. United States. The court found that CVD law is not applicable to imports from NMEs.