THE IMPORTANCE OF TRADE REMEDIES TO THE 

U.S. TRADE RELATIONSHIP WITH CHINA

CHALLENGES FACING THE USE OF ANTIDUMPING LAW: 

A CRITICAL PERIOD 

FOR THE ADMINISTRATION

AND CONGRESSIONAL ACTION

A REPORT TO THE 

U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION

BY THE TRADE LAWYERS ADVISORY GROUP

TERENCE P. STEWART, ESQ. 

ROBERT E. LIGHTHIZER, ESQ. 

DAVID A. HARTQUIST, ESQ. 

ROGER B. SCHAGRIN, ESQ. 

LINDA A. ANDROS, ESQ. 

MAY 16, 2005 
TABLE OF CONTENTS 

Page 

EXECUTIVE SUMMARY

I. THE TRADE RELATIONSHIP BETWEEN THE U.S. AND CHINA IS IMPORTANT,

BUT MUST BE BALANCED BY THE USE OF LEGITIMATE TRADE REMEDIES TO 

ADDRESS TRADE DISTORTIONS. ............................................................................. 1

II. EXISTING CHALLENGES TO EFFECTIVE TRADE REMEDIES VERSUS CHINESE 

DUMPING. ................................................................................................................ 9

A. Overreaching by WTO Dispute Settlement Bodies. .................................. 9

B. The Doha Round Negotiations on Rules. .................................................... 18

C. Creation of Lack of Predictability by the International Trade 

Administration in Regulatory Decision Making in NME Cases............... 26

III. STEPS THAT NEED TO BE TAKEN............................................................................ 30

APPENDIX 1: Antidumping Investigations Initiated Against Exporting Countries 

January 1, 1995 to June 30, 2004 

APPENDIX 2: Illustrative List of Chinese Underselling – HTS Chapters 84 and 

85 

APPENDIX 3: Examples of Overreaching by WTO Panels/Appellate 

Body/Arbitrators in Disputes Against the United States 
1 

EXECUTIVE SUMMARY 

THE TRADE RELATIONSHIP BETWEEN THE U.S. AND CHINA IS IMPORTANT, BUT MUST 

BE BALANCED BY THE USE OF LEGITIMATE TRADE REMEDIES TO ADDRESS TRADE 

DISTORTIONS. 

The U.S.-China trade relationship has grown to be an important one for both countries over the 

past 25 years. China is now the U.S.’ third largest trading partner (after Canada and Mexico) and 

the U.S. is China’s second largest trading partner overall. 

The most significant fact about U.S.-China trade, however, is that it is seriously out of balance 

and not sustainable at its present pace. The U.S. trade deficit with China has increased from 

$600 million in 1985 to $162 billion in 2004. While U.S. exports to China have increased in 

recent years, the U.S. export base is much smaller than imports from China so that growth in 

U.S. exports to China is dwarfed by the growth in U.S. imports from China. 

The trade deficit with China is the result, in part, of various factors that are not market-driven, 

such as China’s WTO compliance deficiencies, undervalued currency, and rampant infringement 

of intellectual property rights, among other reasons. The Chinese economy is still characterized 

to a significant degree by continued state control of economic factors, which result in false 

market signals and distorted trade flows. 

In particular, China’s undervalued currency encourages undervalued Chinese exports to the U.S. 

and discourages U.S. exports because U.S. exports are artificially overvalued. As a result, 

undervalued Chinese exports have been highly disruptive to the U.S. and to other countries as 

well, as evidenced by trade remedy statistics. In the past 10 years, China has been the number 

one target country of antidumping investigations brought by other countries. 

Thus, it is important that the U.S. and other countries maintain the right to protect their economic 

interests consistent with WTO rules, including the right to use trade remedies such as 

antidumping laws. U.S. manufacturers need strong and effective trade remedies to address the 

trade distortions caused by undervalued Chinese exports and state control in China and to 

prevent the loss of jobs and industries due to such distortions. 

EXISTING CHALLENGES TO EFFECTIVE TRADE REMEDIES VERSUS CHINESE DUMPING. 

There are three major challenges to the effectiveness of trade remedy laws, particularly 

antidumping laws: 

1. The erosion, in the WTO dispute settlement process, of the right to use trade 

remedies, and attacks respecting U.S. trade remedy practices in particular. 

2. The ongoing Rules negotiations in the Doha Round, which are being used by many 

countries as an opportunity to attack and weaken trade remedies, in particular 

antidumping laws. 
2 

3. Practices developed by the U.S. Commerce Department (International Trade 

Administration) that have created disparity and uncertainty in the application of the 

antidumping law to non-market economy countries, such as China. 

Overreaching by WTO Dispute Settlement Bodies. 

The U.S. was a principal negotiator in the Uruguay Round and agreed to binding dispute 

settlement on the condition that obligations not otherwise agreed to would not be created by the 

dispute settlement process. In addition, following the Uruguay Round, the U.S. amended its 

trade remedy laws to be fully consistent with WTO obligations and believed that the 

Antidumping Agreement’s special standard of review would preclude panels from secondguessing U.S. antidumping determinations and from rewriting the Antidumping Agreement 

under the guise of legal interpretation. 

Nevertheless, over the last ten years, there have been a host of losses in WTO dispute settlement 

actions in which covered agreements have been interpreted in a manner that, in the view of 

many, has created new obligations for the U.S. and other WTO Members. This problem of 

“overreaching” by WTO dispute settlement bodies has been recognized and criticized by 

Congress and the Administration, other WTO Members, and legal commentators. 

• In the Trade Act of 2002, Congress explicitly made correction of the problem a U.S. 

trade negotiating objective and called for an Executive Branch strategy report in 

December 2002 to address the issue of overreaching. 

• In its report to Congress, the Administration recognized that “aspects of several 

recent reports by WTO panels and the Appellate Body have departed from” the clear 

requirements to “ground their analysis firmly in the agreement text and accept 

reasonable, permissible interpretations of the WTO agreements by the Members.” 

• In DSB meetings, the U.S. has objected to the problem of overreaching by WTO 

panels and the Appellate Body. 

• Many other WTO Members, including Mexico, India, Chile, Argentina, Pakistan, 

Costa Rica, and Malaysia have objected to the problem of “overreaching” by WTO 

dispute settlement bodies. 

• Many legal commentators have noted that the creation of implied obligations by 

panels and the Appellate Body has become a systemic problem of WTO dispute 

settlement. 

In the context of the Doha Rules negotiations, the U.S. has made proposals aimed at modifying 

specific WTO agreements (e.g., Antidumping; Subsidies and Countervailing Measures; 

Safeguards) in order to address aspects of adverse WTO panel or Appellate Body decisions 

where the panel or AB overreached. 
3 

While the initial U.S. DSU proposals have raised important systemic issues, and the Rules 

proposals have addressed specific problems created by WTO panel or AB decisions, the U.S. 

needs to submit follow-up proposals and to intensify its efforts to achieve the Congressionallymandated negotiating objectives regarding dispute settlement. 

The Doha Round Negotiations on Rules. 

The Doha Ministerial Declaration mandated “negotiations aimed at clarifying and improving 

disciplines” under the Antidumping Agreement (AD) and the Agreement on Subsidies and 

Countervailing Measures (SCM), “while preserving the basic concepts, principles and 

effectiveness of these Agreements.” 

In the Trade Act of 2002, Congress established as principal U.S. negotiating objectives the 

promotion of rigorous enforcement of trade remedy laws and the prevention of the lessening of 

the effectiveness of such laws. 

To date, there have been 178 submissions in the Doha negotiations on Rules, the majority of 

which have not sought to “clarify” and “improve” disciplines but have actually sought to weaken 

the AD and SCM agreements. 

To date, the U.S. has made a number of beneficial and useful submissions in the Rules 

negotiations which have explained the purpose of trade remedies, questioned various proposals 

made by other Members, and proposed changes that would enhance the Agreements’ 

effectiveness. 

However, much more remains to be done to ensure that the U.S. achieves Congress’ stated 

negotiating objectives in the Rules negotiations. Time is critical. The U.S. still needs to present 

many second papers to follow-up and flesh out its initial submissions, to respond to submissions 

of other Members, and to put forward additional papers to ensure that the U.S. negotiating 

objectives are met. 

Creation of Lack of Predictability by ITA Practices in NME Cases. 

Another major challenge to the effectiveness of the antidumping remedy particularly regarding 

China is the lack of predictability in non-market economy (NME) cases administered by the 

International Trade Administration (ITA). 

Under existing practice, ITA employs a number of methodologies or analytical approaches in 

NME cases that can artificially reduce the margin of dumping in favor of importers and against 

the interests of domestic producers. Over time, due to such practices and methodologies, a 

marked disparity and imbalance between the margins calculated in market economy cases and 

non-market economy cases has become evident. 

While there is a level of predictability in market economy cases, non-market economy cases are 

characteristically unpredictable. Application of ITA’s practices have created systemic biases and 

led to a bipolar distribution of margins in NME cases, that is, ITA’s NME methodologies 
4 

commonly result in AD margins for individually-investigated companies that are either 

extremely high or extremely low. 

Many of ITA’s practices and methodologies in NME cases that contribute to imbalanced and 

unpredictable results are not required by statute, and can be modified by ITA. 

STEPS THAT NEED TO BE TAKEN. 

In the Doha Round, it is critical that the U.S. meet the trade negotiating objectives outlined by 

Congress in the Trade Act of 2002 with respect to redressing the overreaching of WTO dispute 

settlement bodies, preserving and improving the effectiveness of trade remedy laws, and 

addressing the prejudicial impact of border tax treatment. 

In each of these areas, little progress has been achieved to date and the U.S. is behind in 

presenting adequate papers at the Doha Rules negotiations. 

Time is of the essence. The U.S. needs to make significant progress in pushing forward 

Congress’ trade negotiating objectives before the Hong Kong Ministerial in December 2005. 

• The Administration needs to aggressively step up its Doha Rules and DSU negotiation 

efforts by (1) fleshing out its initial submissions, (2) expanding the range of issues 

already addressed by presenting additional papers on new issues, and (3) adequately 

addressing and responding to the issues raised by other Members’ proposals. 

• Congress should work with the Administration to push forward these issues and support 

achievement of its trade negotiating objectives in the Doha negotiations.

• In addition, with respect to the current lack of predictability in NME antidumping 

proceedings, ITA should reexamine and reevaluate its NME antidumping practices in 

order to ensure more predictable results. 

The U.S. needs successful outcomes to the Rules and DSU negotiations in the Doha Round. 

They are important not only to the continued use and efficacy of the trade remedy laws generally 

but they are also critical to maintaining usable, adequate, and effective trade remedies in order to 

address the challenges posed by China and to achieving a fair and balanced trade relationship 

with China in the future. 
THE IMPORTANCE OF TRADE REMEDIES TO THE U.S. TRADE RELATIONSHIP WITH CHINA –

CHALLENGES FACING THE USE OF ANTIDUMPING LAW: 

A CRITICAL PERIOD FOR THE ADMINISTRATION AND CONGRESSIONAL ACTION

1 

I. THE TRADE RELATIONSHIP BETWEEN THE U.S. AND CHINA IS IMPORTANT, BUT MUST 

BE BALANCED BY THE USE OF LEGITIMATE TRADE REMEDIES TO ADDRESS TRADE 

DISTORTIONS. 

The U.S.-China trade relationship has grown to be an important one for both countries 

over the past 25 years. China is now the U.S.’ third largest trading partner (after Canada and 

Mexico) and the U.S. is China’s second largest trading partner overall. The most significant fact 

about U.S.-China trade, however, is that it is seriously out of balance. From 1985 to 2004, the 

U.S. trade deficit with China has increased from $600 million in 1985 to $162 billion in 2004. 

Although U.S. exports to China have increased in recent years, the U.S. export base is much 

smaller than imports from China. This means that growth in U.S. exports to China have been 

dwarfed by the growth in U.S. imports from China, as shown by the chart below. 

Source: U.S. Census Bureau, import and export statistics. 

Since 1989, the U.S. trade balance with China, as measured by U.S. export data (fas) and 

U.S. import data (customs value), has declined substantially on a consistent basis. As the 

following charts show, the U.S. has a negative trade balance with China in 19 of the 22 product 

sections of the Harmonized Tariff Schedule, with a positive balance in only 3 HTS sections. 

U.S. Trade with China

-

50,000,000

100,000,000

150,000,000

200,000,000

250,000,000

2000 2001 2002 2003 2004

Thousands of US Dollars

Imports from Exports to
THE IMPORTANCE OF TRADE REMEDIES TO THE U.S. TRADE RELATIONSHIP WITH CHINA –

CHALLENGES FACING THE USE OF ANTIDUMPING LAW: 

A CRITICAL PERIOD FOR THE ADMINISTRATION AND CONGRESSIONAL ACTION

2 

U.S. Trade Balance with China – by HS Section 

I. Live Animals, Animal Products

-1,100

-900

-700

-500

-300

-100

100

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

II. Vegetable Products

0

500

1,000

1,500

2,000

2,500

3,000

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

III. Animal or Vegetable Fats

-50

0

50

100

150

200

250

300

350

400

450

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

IV. Prepared Foodstuffs, Beverages, etc.

-700

-600

-500

-400

-300

-200

-100

0

100

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

V. Mineral Products

-1,100

-900

-700

-500

-300

-100

100

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

VI. Chemical and Allied Products

-600

-400

-200

0

200

400

600

800

1,000

1,200

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

VII. Plastics and Rubber Products

-4,900

-4,400

-3,900

-3,400

-2,900

-2,400

-1,900

-1,400

-900

-400

100

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

VIII. Skins, Leather and Fur Articles

-5,900

-4,900

-3,900

-2,900

-1,900

-900

100

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars
THE IMPORTANCE OF TRADE REMEDIES TO THE U.S. TRADE RELATIONSHIP WITH CHINA –

CHALLENGES FACING THE USE OF ANTIDUMPING LAW: 

A CRITICAL PERIOD FOR THE ADMINISTRATION AND CONGRESSIONAL ACTION

3 

U.S. Trade Balance with China – by HS Section 

IX. Wood and Articles of Wood

-1,900

-1,700

-1,500

-1,300

-1,100

-900

-700

-500

-300

-100

100

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

X. Pulp of Wood, Paperboard, etc.

-1,200

-1,000

-800

-600

-400

-200

0

200

400

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

XI. Textiles and Textile Articles

-13,900

-11,900

-9,900

-7,900

-5,900

-3,900

-1,900

100

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

XII. Footw ear, etc.

-15,900

-13,900

-11,900

-9,900

-7,900

-5,900

-3,900

-1,900

100

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

XIII. Stone, Clay and Glass Articles

-2,900

-2,400

-1,900

-1,400

-900

-400

100

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

XIV. Pearls, Precious Stones

-2,000

-1,800

-1,600

-1,400

-1,200

-1,000

-800

-600

-400

-200

0

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

XV. Base Metals and Articles thereof

-8,900

-7,900

-6,900

-5,900

-4,900

-3,900

-2,900

-1,900

-900

100

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

XVI. Machinery, Mechanical and Electrical Products

-79,900

-69,900

-59,900

-49,900

-39,900

-29,900

-19,900

-9,900

100

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars
THE IMPORTANCE OF TRADE REMEDIES TO THE U.S. TRADE RELATIONSHIP WITH CHINA –

CHALLENGES FACING THE USE OF ANTIDUMPING LAW: 

A CRITICAL PERIOD FOR THE ADMINISTRATION AND CONGRESSIONAL ACTION

4 

U.S. Trade Balance with China – by HS Section 

Continued growth of the U.S. trade deficit with China at its present pace is not 

sustainable. Because the trade deficit is the result, in part, of various factors that are not marketdriven (e.g., China’s WTO compliance deficiencies, undervalued currency, and rampant 

infringement of intellectual property rights, among others), it is important that the U.S. and other 

countries have the right to protect their economic interests consistent with the rights and 

obligations that China has assumed and the rights that other Members possess, including the 

right to use trade remedies such as antidumping laws. 

XIX. Arms and Ammunitions

-150

-100

-50

0

50

100

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

XVII. Vehicles, Aircraft and Other Transport Equipme

-1,500

-1,000

-500

0

500

1,000

1,500

2,000

2,500

3,000

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

XVIII. Optical, Photographic and Medical Equipments

-3,500

-3,000

-2,500

-2,000

-1,500

-1,000

-500

0

500

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

XX. Miscellaneous Manufactured Articles

-35,000

-30,000

-25,000

-20,000

-15,000

-10,000

-5,000

0

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

XXI. Works of Art, Antiques

-200

-180

-160

-140

-120

-100

-80

-60

-40

-20

0

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars

XXII. Special Classification Provisions

-2,500

-2,000

-1,500

-1,000

-500

0

1989199019911992199319941995199619971998199920002001200220032004

Trade Balance in Millions of Dollars
THE IMPORTANCE OF TRADE REMEDIES TO THE U.S. TRADE RELATIONSHIP WITH CHINA –

CHALLENGES FACING THE USE OF ANTIDUMPING LAW: 

A CRITICAL PERIOD FOR THE ADMINISTRATION AND CONGRESSIONAL ACTION

5 

While it must be acknowledged that China has made a great number of changes to its 

trade regime as the result of its entry into the World Trade Organization, and has continued to 

make tremendous strides in its efforts to meet its WTO obligations, nevertheless, China has not 

yet achieved the status of a market economy country and still has a long way to go. The Chinese 

economy is still characterized to a significant degree by continued state control of economic 

factors, which result in false market signals and distorted trade flows. As former Secretary of 

Commerce Evans noted in June 2004: 

Even today, far too many key assets and means of production 

within the Chinese economy are owned and operated by the state. 

We have seen too few “for sale” signs on the commanding heights 

of the Chinese economy. We need to see them. 

We need to see them because market forces won’t control China’s 

economy until there is a substantial rollback of its control over raw 

materials, financial system, real estate, utilities, and large 

enterprises within China. When a government controls the means 

of production, it radically distorts economic conditions, 

undermines efficient capital usage, and compromises long-term 

potential and stability. 

* * * 

When markets operate with accurate information, they send price 

signals about risk and reward in a marketplace. 

* * * 

China’s state-run banks have routinely extended loans to stateowned-enterprises that are not expected to be repaid. And right 

now, the big four state banks in China are, for all practical 

purposes, insolvent. 

* * * 

Under state control, many Chinese state-owned manufacturers are 

operating with the benefit of state sponsored subsidies, including: 

rent, utilities, raw materials, transportation, and 

telecommunications services. That is not how we define a level 

playing field.1

China’s continued state control of its economy and undervaluation of its currency have 

created false market signals which have fueled trade distortions. In particular, China’s 

undervalued currency encourages undervalued Chinese exports to the U.S. and discourages U.S. 

 

1

 Remarks by Commerce Secretary Donald L. Evans to the President’s Export Council - American Chamber Of 

Commerce in Beijing, China, June 23, 2004. The full text is available at the website of the U.S. Department of 

Commerce: http://www.commerce.gov/opa/speeches/Evans/2004/June_23_Evans_ChinaBeijingAmcham.htm. 
THE IMPORTANCE OF TRADE REMEDIES TO THE U.S. TRADE RELATIONSHIP WITH CHINA –

CHALLENGES FACING THE USE OF ANTIDUMPING LAW: 

A CRITICAL PERIOD FOR THE ADMINISTRATION AND CONGRESSIONAL ACTION

6 

exports because U.S. exports are artificially overvalued. As a result, Chinese exports have been 

disruptive to the U.S. and to other countries as well. 

The highly disruptive effect of Chinese exports on the U.S. and other countries is evident 

in trade remedy statistics. Even though trade remedy cases affect a small percentage of total 

world trade, because of the effect of China’s trade distortions, a significant number of trade 

remedy cases have been brought against China by the U.S. and other countries. Indeed, over the 

past 10 years, China was the number one target country of antidumping investigations brought 

by other countries. Between January 1, 1995 and June 30, 2004, 386 antidumping investigations 

were initiated by other countries against Chinese exports. This number far exceeds the number 

of antidumping investigations brought against any other individual country over the same period 

(second to China, Korea was the target of 194 antidumping investigations). See Appendix 1. 

What is surprising, however, is not that there have been so many antidumping investigations of 

Chinese exports over this period but that there have been so few, given the massive increase in 

Chinese exports and the significantly undervalued prices that have fueled these exports. 

Over the January 1, 1995 through June 30, 2004 period, the U.S. brought only 15 percent 

of all the antidumping investigations initiated against China. The majority (63%) of antidumping 

investigations initiated against Chinese exports have been brought by developing countries. 

Source: WTO; http://www.wto.org/english/tratop_e/adp_e/adp_stattab1_e.pdf

Antidumping Investigations Initiated Against China

01/01/1995 – 06/30/2004 

Total: 386

Developing Countries (244) 

63% 

US (57) 

Other Developed 15% 

Countries (85) 

22% 
THE IMPORTANCE OF TRADE REMEDIES TO THE U.S. TRADE RELATIONSHIP WITH CHINA –

CHALLENGES FACING THE USE OF ANTIDUMPING LAW: 

A CRITICAL PERIOD FOR THE ADMINISTRATION AND CONGRESSIONAL ACTION

7 

Moreover, a review of the 2004 customs value of selected product imports from China 

into the U.S. illustrates consistent undervaluation by Chinese imports. Taking HTS Chapters 84 

and 85 (each of which contain over 1,000 tariff lines) for illustration purposes, it is evident that 

the average unit price of Chinese imports was more than 50% less than the average unit price for 

All Other countries in 615 out of 1,010 instances in Chapter 84 and 243 out of 719 instances in 

Chapter 85. See Appendix 2 for complete line-item data. 

Illustration of Chinese Underselling – HTS Chapters 84 and 85: 

10-Digit Line Items where the China Price 

is less than the All Other Price 

 

 Chapter 84 Chapter 85 

China Price vs. 

All Other Price 

# of HS 

10-digit 

Items 

% of HS 

Items 

with 

QTY 

Data 

# of HS 

10-digit 

Items 

% of HS 

Items 

with 

QTY 

Data 

10% less 24 2% 83 12% 

10-20%less 30 3% 62 9% 

20-30% less 51 5% 40 6% 

30-40%less 50 5% 74 10% 

40-50% less 55 5% 62 9% 

> 50% less 615 61% 243 34% 

> All Other 185 18% 155 22% 

 1010 719 

No Qty Data 890 508 

Total Line 

Items 1900 1227 

 

In order to address and deal with the trade distortions occasioned by undervalued Chinese 

exports and state control in China, and to prevent loss of jobs and industries due to such 

distortions, it is critical to the interests of U.S. manufacturers, as well as other countries, that 

strong and effective trade remedies be both viable and available for use when necessary. 

In February 2005, the U.S. Economic and Security Review Commission held hearings 

addressing China’s compliance with its WTO obligations and commitments. As a result of those 

hearings, the USCC issued a series of recommendations to Congress to encourage and improve 

China’s WTO compliance as well as to make more effective the use of U.S. trade remedies to 

address unfair trade practices by China. In summary, the USCC recommended that Congress 

take action to address the following issues: 
THE IMPORTANCE OF TRADE REMEDIES TO THE U.S. TRADE RELATIONSHIP WITH CHINA –

CHALLENGES FACING THE USE OF ANTIDUMPING LAW: 

A CRITICAL PERIOD FOR THE ADMINISTRATION AND CONGRESSIONAL ACTION

8 

 China’s Currency Manipulation 

▫ Press the Administration to file a WTO dispute regarding China’s exchange rate 

practices. 

▫ Consider imposing an immediate, across-the-board tariff on Chinese imports. 

▫ Reduce the ability of the Treasury Department to use technical definitions to avoid 

classifying China as a currency manipulator. 

 Intellectual Property Rights (IPR) Violations 

▫ Urge USTR to file one or more WTO disputes pertaining to China’s violation of 

its WTO IPR obligations (particularly China’s failure to provide effective 

enforcement). 

 China’s Status as a Nonmarket Economy 

▫ Require that Commerce obtain Congressional approval before implementing any 

determination that a nonmarket economy such as China has achieved market 

economy status, and ensure that China continues to be treated as a NME in the 

application of antidumping and countervailing duties through 2016. 

 WTO Dispute Resolution 

▫ Establish a review body of distinguished, retired U.S. jurists and legal experts to 

evaluate the WTO dispute resolution mechanism, in particular to review decisions 

contrary to U.S. positions and to make findings whether the WTO ruling exceeded 

the WTO’s authority by placing new international obligations on the U.S. that it 

did not assent to in joining the WTO. 

 Enhancing the Effectiveness of U.S. Trade Remedies 

▫ Authorize compensation to Section 421 petitioners for legal fees incurred in cases 

where the ITC finds market disruption but the President has denied relief. 

Consider eliminating presidential discretion in the application of Section 421 relief 

or limiting discretion to the consideration of non-economic national security 

factors. 

▫ Maintain the Continued Dumping and Subsidies Offset Act of 2000 (CDSOA or 

the “Byrd Amendment”) and press the Administration to seek explicit recognition 

during the Doha Round negotiations of the right of WTO Members to distribute 

monies collected from antidumping and countervailing duties to injured parties. 

▫ Clarify the authority of the Committee on the Implementation of Textile 

Agreements (CITA) to consider threat-based petitions for use of the China-specific 

textile safeguard. 

▫ Direct Commerce to make countervailing duties applicable to NMEs to provide an 

additional tool to combat China’s use of government subsidies for its exporters. 

▫ Repeal the “new shipper bonding privilege” that has allowed many importers of 

Chinese goods to avoid payment of anti-dumping duties. 

 Countering China’s Government Subsidies 

▫ Direct USTR and Commerce to investigate China’s system of government 

subsidies for manufacturing, including tax incentives, preferential access to credit 

and capital from financial institutions owned or influenced by the state, subsidized 

utilities, and investment conditions requiring technology transfers.2

The Trade Lawyers Advisory Group agrees with and supports each of the USCC’s 

recommendations. 

 

2

 Source: http://www.uscc.gov/pressreleases/2005/05_03_25pr.htm. 
THE IMPORTANCE OF TRADE REMEDIES TO THE U.S. TRADE RELATIONSHIP WITH CHINA –

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The focus of the following sections of this paper, however, is on the current problems 

faced by the U.S. in maintaining the effectiveness of antidumping laws (and countervailing duty

laws) to be used against imports from China (and other countries). These problems flow from 

three sources: a series of decisions from the WTO that have been viewed by many as creating 

obligations for Members not agreed to in the WTO Agreements; the need for the U.S. to achieve 

its principal negotiating objectives in the Doha rules negotiations by maintaining and improving 

the effectiveness of trade remedy laws; and the need to correct existing administrative practices 

by the Department of Commerce in non-market economy (NME) cases that create uncertainty. 

The Administration and Congress need to urgently address and take effective action on these 

issues. 

II. EXISTING CHALLENGES TO EFFECTIVE TRADE REMEDIES VERSUS CHINESE DUMPING. 

There are currently three major challenges to the effectiveness of trade remedy laws, 

particularly antidumping laws: 

1. The erosion, in the WTO dispute settlement process, of the right to use 

trade remedies, and attacks respecting U.S. trade remedy practices in 

particular. 

2. The ongoing Rules negotiations in the Doha Round, which are being used 

by many countries as an opportunity to attack and weaken trade remedies, 

in particular antidumping laws. 

3. Practices developed by the U.S. Commerce Department (International 

Trade Administration) that have created disparity and uncertainty in the 

application of the antidumping law to non-market economy countries, 

such as China. 

A. Overreaching by WTO Dispute Settlement Bodies. 

The United States was a principal negotiator in the Uruguay Round. A significant part of 

the Uruguay Round Agreements to which the U.S. agreed is the Dispute Settlement 

Understanding (DSU). In the DSU, the U.S. accepted binding dispute settlement but did so on 

the condition and based on the understanding that obligations not otherwise agreed to would not 

be created by the dispute settlement process. Indeed, the DSU itself prohibits the creation of new 

rights and obligations. DSU Articles 3.2 and 19.2 explicitly prohibit panels, the Appellate Body, 

and the Dispute Settlement Body (DSB) from making findings or recommendations that “add to 
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or diminish the rights and obligations provided in the covered agreements.”3

 Instead, WTO 

Members have the exclusive authority to amend or adopt interpretations of the WTO Agreement 

pursuant to Article IX and X of the Marrakesh Agreement Establishing the WTO. 

Following the Uruguay Round, the U.S. amended its trade remedy laws to be fully 

consistent with WTO obligations.4

 Moreover, the U.S. believed that the Antidumping 

Agreement’s “special standard of review to be applied by WTO panels in resolving antidumping 

disputes” would “preclude panels from second-guessing U.S. antidumping determinations and 

from rewriting the terms of the Antidumping Agreement under the guise of legal interpretation.”5

 

Despite the U.S. belief that it had conformed its trade remedy laws to be fully WTO-consistent 

and that the Antidumping Agreement would not be rewritten by the dispute settlement process, 

over the last ten years, since the DSU came into force in 1995, there have been a host of losses in 

WTO dispute settlement actions in which covered agreements have been interpreted in a manner 

that, in the view of many, has created new obligations for the U.S. and other WTO Members. 

The following table presents a list of some of the WTO dispute settlement losses concerning U.S. 

trade remedy laws.6

Case Issue 

United States – Preliminary Determinations with 

Respect to Certain Softwood Lumber from Canada, 

WT/DS236/R (Sept. 27, 2002) 

Benchmark for testing "adequate 

remuneration" 

United States – Countervailing Measures Concerning 

Certain Products from the EC, WT/DS212/AB/R (Dec. 

9, 2002) 

Countervailability of preprivatization 

subsidies 

United States – Countervailing Duties on Certain 

Corrosion-Resistant Carbon Steel Flat Products from 

Germany, WT/DS213/AB/R (Nov. 28, 2002) 

Agency determination of likelihood of 

continuation or recurrence of subsidy 

United States – Anti-Dumping and Countervailing 

Measures on Steel Plate from India, WT/DS206/R (June 

28, 2002) 

Use of "facts available" 

 

3

 Understanding on Rules and Procedures Governing the Settlement of Disputes, Apr. 15, 1994, arts. 3.2 & 19.2, 

in WORLD TRADE ORGANIZATION, THE RESULTS OF THE URUGUAY ROUND OF MULTILATERAL TRADE 

NEGOTIATIONS 354 (2001). 4

 See generally Statement of Administrative Action to the Uruguay Round Agreements Act, H. Doc. 103-316, 

Vol. 1, 103d Cong., 2d Sess. 656 (1994) (“The bill approves and makes statutory changes required or 

appropriate to implement the Uruguay Round agreements ...”). 5

 Statement of Administrative Action to the Uruguay Round Agreements Act, H. Doc. 103-316, Vol. 1, 103d 

Cong., 2d Sess. 807 (1994). 6

 The Table presents examples of overreaching by WTO dispute settlement bodies involving U.S. trade remedy 

laws. A fuller list of cases of overreaching involving both trade remedy and non-trade remedy agreements is 

presented in Appendix 3. 
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Case Issue 

United States – Anti-Dumping Measures on Certain 

Hot-Rolled Steel Products from Japan, 

WT/DS184/AB/R (July 24, 2001) 

• Causation analysis in injury 

determinations 

• Calculation of "all others" dumping 

margin 

• Standard for disregarding sales to 

affiliated companies in dumping cases 

United States – Anti-Dumping Measures on Stainless 

Steel Plate in Coils and Stainless Steel Sheet and Strip 

from Korea, WT/DS179/R (Dec. 22, 2000) 

Dumping analysis in periods featuring sharp 

currency fluctuations 

United States – Anti-Dumping Duty on Dynamic 

Random Access Memory Semiconductors ("DRAMS") 

of One Megabit or Above from Korea, WT/DS99/R 

(Jan. 29, 1999) 

Standard for revocation of AD orders 

following temporary cessation of dumping 

United States – Anti-Dumping Act of 1916, 

WT/DS136/AB/R, WT/DS162/AB/R (Aug. 28, 2000) Antidumping Act of 1916 

United States – Definitive Safeguard Measures on 

Imports of Circular Welded Carbon Quality Line Pipe 

from Korea, WT/DS202/AB/R (Feb. 15, 2002 

• Design of safeguard measures 

• Application of safeguard measures to 

FTA partners 

• Causation standard in safeguard 

determinations 

United States – Safeguard Measures on Imports of 

Fresh, Chilled or Frozen Lamb Meat from New 

Zealand and Australia, WT/DS177/AB/R, 

WT/DS178/AB/R (May 1, 2001) 

• Unforeseen developments requirement in 

safeguard cases 

• Definition of domestic industry in 

safeguard cases 

• Causation standard in safeguard 

determinations 

United States – Definitive Safeguard Measures on 

Imports of Wheat Gluten from the European 

Communities, WT/DS166/AB/R (Dec. 20, 2000) 

Causation standard in safeguard 

determinations 

United States – Continued Dumping and Subsidy 

Offset Act of 2000, WT/DS217/AB/R, WT/DS234/AB/R 

(Jan. 16, 2003) 

"Byrd Amendment" 

This problem of “overreaching” by WTO dispute settlement panels and the Appellate 

Body has been recognized and criticized by Congress and the Administration, other WTO 

Members, and legal commentators. Yet, the problem has continued to date. 

The pattern of decisions imposing new obligations in the trade remedy area raised such a 

degree of concern that, in the Trade Act of 2002, Congress explicitly called for correction of the
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problem and called for an Executive Branch strategy report in December 2002 to address the 

issue of overreaching.7

 

In the Trade Act of 2002, Congress made the following findings: 

Support for continued trade expansion requires that dispute 

settlement procedures under international trade agreements not add 

to or diminish the rights and obligations provided in such 

agreements. Therefore— 

(A) the recent pattern of decisions by dispute settlement panels 

of the WTO and the Appellate Body to impose obligations and 

restrictions on the use of antidumping, countervailing, and 

safeguard measures by WTO members under the Antidumping 

Agreement, the Agreement on Subsidies and Countervailing 

Measures, and the Agreement on Safeguards has raised concerns; 

and 

(B) the Congress is concerned that dispute settlement panels of 

the WTO and the Appellate Body appropriately apply the 

standard of review contained in Article 17.6 of the Antidumping 

Agreement, to provide deference to a permissible interpretation 

by a WTO member of provisions of that Agreement, and to the 

evaluation by a WTO member of the facts where that evaluation 

is unbiased and objective and the establishment of the facts is 

proper.8

Congress stated that the “overall trade negotiating objective” of the U.S. concerning 

dispute settlement was “to further strengthen the system of international trading disciplines and 

procedures, including dispute settlement”9

 and then identified seven “principal trade negotiating 

objectives” respecting dispute settlement and the enforcement of trade agreements: 

(1) to seek provisions for the resolution of disputes between governments “in an effective, 

timely, transparent, equitable, and reasoned manner, requiring determinations based on 

facts and the principles of the agreements, with the goal of increasing compliance with 

the agreements”; 

(2) to seek to strengthen the capacity of the Trade Policy Review Mechanism to review 

compliance; 

 

7

 See 19 U.S.C. § 3805(b)(3); Executive Branch Strategy Regarding WTO Dispute Settlement Panels and the 

Appellate Body: Report to Congress Transmitted by the Secretary of Commerce (Dec. 30, 2002). 8

 19 U.S.C. § 3801(b)(3). 

9

 19 U.S.C. § 3802(a)(3). 
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(3) to seek adherence by panels and the Appellate Body to the applicable standard of 

review, “including greater deference, where appropriate, to the fact-finding and 

technical expertise of national investigating authorities”; 

(4) to seek early identification and settlement of disputes through consultation; 

(5) to seek provisions to encourage trade-expanding compensation absent compliance; 

(6) to seek provisions to impose a penalty that encourages compliance, is appropriate, and 

does not adversely affect parties or non-parties; and 

(7) to seek provisions treating U.S. principal negotiating objectives equally by providing 

equivalent dispute settlement and enforcement tools.10

In its report to Congress in December 2002, the Administration recognized that “aspects 

of several recent reports by WTO panels and the Appellate Body have departed from” the clear 

requirements to “ground their analysis firmly in the agreement text and accept reasonable, 

permissible interpretations of the WTO agreements by the Members.”11 The Administration also 

recognized that public support for future trade liberalization depends on confidence that the 

WTO dispute process will not create new non-negotiated obligations. 

[T]he United States does not agree with the approach that WTO 

panels and the Appellate Body have sometimes taken in disputes, 

and is concerned about the potential systemic implications. In 

particular, the executive branch views with concern the manner in 

which WTO panels and the Appellate Body have applied the 

applicable standard of review in disputes involving U.S. trade 

remedy and safeguard matters, and instances in which they have 

found obligations and restrictions on WTO Members concerning 

trade remedies and safeguards that are not supported by the texts of 

the WTO agreements.... 

If the perception develops that WTO panels and the Appellate 

Body are substituting their own policy judgment for a negotiated 

balance of rights and obligations, then it will be difficult to 

maintain the support and confidence of Members and the public in 

the value of future negotiations. It is essential, therefore, that 

WTO dispute settlement not alter the negotiated balance by 

creating limitations or obligations to which Members did not 

agree.12

 

10 19 U.S.C. § 3802(b)(12). 

11 Executive Branch Strategy Regarding WTO Dispute Settlement Panels and the Appellate Body – Report to the 

Congress Transmitted by the Secretary of Commerce (Dec. 30, 2002). 12 Id. at page 7 (emphasis added). 
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In DSB meetings, the United States has been vocal in objecting to the problem of 

overreaching by WTO panels and the Appellate Body. For example, in the following cases, the 

U.S. expressly objected to problematic interpretations or decisions concerning a range of WTO 

agreements (antidumping; subsidies; safeguards; etc.). 

Examples of U.S. Concerns Regarding Overreaching by DSU Panels 

Short Title U.S. Statements at DSB Meetings 

US – FSC 

WT/DS/108 

“[T]he Appellate Body appeared to have unjustifiably expanded the scope of action that might be 

taken.... At a minimum, the Appellate Body had managed to confuse the distinction between an 

authoritative interpretation under Article IX and an amendment under Article X in a manner that was 

not helpful to the WTO system.” (WT/DSB/M/77, para. 56 (April 17, 2000)) 

US – Wheat Gluten 

WT/DS/166 

“[P]anels and the Appellate Body had overstepped their bounds when they had arrogated to 

themselves the right to censure particular Members for any reason....” (WT/DSB/M/97, para. 5 (Feb. 

27, 2001)) 

US – Lamb 

WT/DS/177/178 

“[T]he Appellate Body's findings ...verged on an interpretation of a WTO agreement, even though 

such interpretations could be made only by Members....” (WT/DSB/M/105, para. 42 (June 19, 2001)) 

“This was a new obligation, not found in the WTO Agreements.” (WT/DSB/M/105, para. 42 (June 19, 

2001)) 

US – Hot Rolled 

Steel (Japan) 

WT/DS/184 

“The United States was concerned that the Appellate Body’s discussion of Article 17.6 had given 

entirely insufficient emphasis to the distinct nature of the review provided for in the Anti-Dumping 

Agreement.” (WT/DSB/M/108, para. 69 (Oct. 2, 2001))

US – Export 

Restraints 

WT/DS/194

“[T]he Panel had not limited its analysis to the measures before it. The United States believed that 

Members would find this other portion of the Panel Report – and the remarkable judicial activism it 

represented – extremely disturbing.” (WT/DSB/M/108, para. 43 (Oct. 2, 2001)) 

“[T]he Panel had disregarded this structure and had breached the fundamental constraint provided for 

in the DSU....” (WT/DSB/M/108, para. 44 (Oct. 2, 2001)) 

“[T]he Panel had effectively offered opinions not related to the actual measure in question....” 

(WT/DSB/M/108, para. 47 (Oct. 2, 2001)) 

“[T]he Panel had not applied or clarified the SCM Agreement. Instead, it had provided an 

interpretation of the SCM Agreement, a function ... reserved for the Ministerial Conference and the 

General Council.” (WT/DSB/M/108, para. 49 (Oct. 2, 2001)) 

“[A]ll Members, regardless of their views on the substantive subsidy issue, should be concerned about 

this Panel's usurpation of an authority reserved to Members.” (WT/DSB/M/108, para. 50 (Oct. 2, 

2001)) 

US – Section 211 

Appropriations Act 

WT/DS/176 

“[T]he Appellate Body Report had not sufficiently distinguished between these factual and legal 

findings of a panel and thus risked encroaching on a panel's fact-finding role.” (WT/DSB/M/119, para. 

27 (March 6, 2002)) 

US – Line Pipe 

WT/DS/202 

“There were many instances in which the Appellate Body Report had disregarded the language of the 

covered agreements and applied standards of its own devising to evaluate the claims against the 

United States.... The greatest concern ... was the Appellate Body's growing habit of creating its own 

rules.” (WT/DSB/M/121, para. 35 (April 3, 2002)) 

US – CVD Measures 

on EC Products 

WT/DS/212 

“[T]he Appellate Body’s approach rested on certain general, unsupported assertions by the Appellate 

Body....” (WT/DSB/M/140, para. 9 (Feb. 6, 2003)) 

US – CDSOA 

WT/DS/217/234 

“The Appellate Body had created a new category of prohibited subsidies that had neither 

been negotiated nor agreed to by WTO Members.” (WT/DSB/M/142, para. 55 (March 6, 2003))

“A finding that a Member had not acted in ‘good faith’ would clearly and unambiguously 

exceed the mandate of dispute settlement panels and the Appellate Body....” (WT/DSB/M/142, 

para. 57 (March 6, 2003))

US – Steel 

Safeguards 

WT/DS/248-49/ 

251-54/258-59 

“Such an exaltation of form over substance should be of concern to all Members.” (WT/DSB/M/160, 

para. 32 (Jan. 27, 2004))
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Short Title U.S. Statements at DSB Meetings 

Argentina – Poultry 

WT/DS/241 

“It was difficult to conceive of a scenario which more clearly implicated the prohibition in Articles 

3.2 and 19.2 of the DSU....” (WT/DSB/M/150, para. 44 (July 22, 2003)) 

“Not only had the Appellate Body gone beyond what was said in those reports, but the phrase 

‘adopted panel and Appellate Body reports’ was not even found in the list of covered agreements set 

forth in Appendix 1 to the DSU.” (WT/DSB/M/150, para. 45 (July 22, 2003)) 

Other cases in which the U.S. has voiced objections to overreaching by dispute settlement 

bodies include US–Softwood Lumber III (Prelim. CVD) (WT/DSB/M/135, paras. 5-7); US–

Corrosion Resistant Steel Sunset (WT/DSB/M/162, para. 21); US–Final Softwood Lumber V 

(AD) (WT/DSB/M/175, para. 36); US–Cotton (USTR Press Release (9/8/04)); US–Gambling 

(USTR Press Release (11/10/04)). 

In addition to the U.S., many other WTO Members, including Mexico, India, Chile, 

Argentina, Pakistan, Costa Rica, and Malaysia have objected to the problem of “overreaching” 

by WTO dispute settlement bodies with respect to a wide range of WTO agreements. The 

following provides a sampling of these broad-based objections. 

Examples of Other WTO Members’ Concerns Regarding Overreaching by DSU Panels 

Short Title WTO Member Statements at DSB Meetings 

US – Wool Shirts 

& Blouses 

WT/DS/33 

Costa Rica: “The observations of the Panel and the Appellate Body had diverged from past practice and 

had modified the balance of rights and obligations which they claimed to be seeking to protect.” 

(WT/DSB/M/33, p. 12 (June 25, 1997)) 

US – Shrimp 

WT/DS/58 

Pakistan: “[T]he Appellate Body had exceeded its authority.... [B]y giving a new interpretation to 

certain DSU provisions had overstepped the bounds of its authority by undermining the balance of rights 

and obligations of Members.” (WT/DSB/M/50, p. 5 (Dec. 14, 1998)) 

Pakistan: “The Appellate Body had encroached upon the authority of both Members and negotiators of 

the WTO Agreement.” (WT/DSB/M/50, p. 5 (Dec. 14, 1998))

India: “The Appellate Body had an important role, but if it exceeded its mandate and authority under 

the DSU, like in this case, this would have the effect of adding to or diminishing the rights and 

obligations of Members under the various Agreements.” (WT/DSB/M/50, p. 10 (Dec. 14, 1998)) 

Mexico: “[T]he Appellate Body had overstepped its authority in a manner that was damaging to the 

dispute settlement system.” (WT/DSB/M/50, p. 13 (Dec. 14, 1998)) 

Guatemala – 

Cement 

WT/DS/60 

Mexico: “The Appellate Body had added new obligations on Members....” (WT/DSB/M/51, p. 17, (Jan. 

22, 1999)) 

Mexico: “The Appellate Body had contravened the provisions of Article 19.2 of the DSU, because its 

findings had diminished and added to the rights and obligations provided in the covered agreements.” 

(WT/DSB/M/51, p. 18, (Jan. 22, 1999)) 

Canada – Aircraft 

WT/DS/70 

Canada: “[T]he Appellate Body had disregarded the general practice of international tribunals, which 

had been extensively argued by both parties.” (WT/DSB/M/67, p. 4 (Sept. 30, 1999)) 

India – 

Quantitative 

Restrictions 

WT/DS/90 

Malaysia: “[T]he Appellate Body had gone beyond its jurisdiction.... [T]he Appellate Body had 

modified significantly the rights and obligations of Members contrary to Article 3.2 of the DSU.” 

(WT/DSB/M/68, p. 22 (Oct. 20, 1999)) 

Argentina – 

Footwear 

WT/DS/121 

Argentina: “Such expansive jurisdiction of panels, which had been endorsed by the Appellate Body, 

looked more like a ‘police power’ and had never been provided for in the negotiations.” (WT/DSB/M/73, 

p. 6 (Feb. 4, 2000)) 

Argentina: “The Appellate Body's interpretation ... had altered the balance of rights and obligations 

resulting from the Uruguay Round Agreement. It had gone beyond the political agreement reached in 

this area during the Uruguay Round negotiations.... In other words, the Appellate Body would seem to 

be legislating rather than verifying the application of law in the case at hand.” (WT/DSB/M/73, p. 7 (Feb. 

4, 2000))
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Short Title WTO Member Statements at DSB Meetings 

US – Lead and 

Bismuth II 

WT/DS/138 

Argentina: “[T]he interpretation made by the Appellate Body exceeded its authority to establish 

working procedures for Appellate Review.” (WT/DSB/M/83, para. 14 (July 7, 2000)) 

Korea – 

Procurement 

WT/DS/163 

India: “[The Panel] seemed to have assumed that it had a right to correct errors in the WTO 

Agreement.” (WT/DSB/M/84, para. 69 (July 24, 2000)) 

India – Autos 

WT/DS/146/175 

India: “The Panel ... had made rulings on matters outside its mandate, beyond the request submitted by 

the parties and without the required legal and factual basis.” (WT/DSB/M/122, para. 17 (April 23, 2002)) 

Chile – PBS 

WT/DS/207 

Chile: “[T]he Appellate Body was reconstructing the history in its conclusions.... Indeed, the 

conclusions of the Appellate Body and the Panel had rewritten the results of the negotiations and had 

altered the balance of rights and obligations.” (WT/DSB/M/134, para. 13 (Jan. 29, 2003)) 

Chile: “[A]s a result of the Reports such as those at the present meeting, Members would be faced with 

new obligations which had never been negotiated and which would lead, as in this case, to a 

transformation of the bases and legal effects of the most fundamental rules of GATT 1994.” 

(WT/DSB/M/134, para. 14 (Jan. 29, 2003)) 

EC – Sardines 

WT/DS/231 

Chile: “The Appellate Body's decision created a new category of Members, giving them rights and 

obligations that had not been negotiated and, furthermore, had not been recognized in the WTO 

Agreements.” (WT/DSB/M/134, para. 42 (Jan. 29, 2003)) 

Japan – Apples 

WT/DS/245 

Japan: “[T]he Panel had prematurely shifted the burden of proof to Japan, and the Appellate Body had 

upheld this ruling.” (WT/DSB/M/160, para. 10, (Jan. 27, 2004))

EC – Tariff 

Preferences 

WT/DS/246 

India: “[T]he findings of the Appellate Body had effectively transferred the prerogatives and powers of 

WTO Members to panels and the Appellate Body.” (WT/DSB/M/167, para. 52 (May 27, 2004)) 

Mexico – Telecom 

WT/DS/204 

Mexico: “[T]he Panel imposed on Mexico obligations that Mexico had not undertaken during the 

negotiations.” (WT/DSB/M/170, para. 11 (July 6, 2004)) 

Moreover, legal commentators have noted the systemic problem of WTO dispute 

settlement panels and the Appellate Body creating implied obligations and overstepping the 

bounds of their authority. The following papers and articles are illustrative. 

• Terence P. Stewart, Amy S. Dwyer, Elizabeth M. Hein, Proposals For DSU Reform That 

Address, Directly Or Indirectly, The Limitations On Panels And The Appellate Body Not To 

Create Rights And Obligations (October 29, 2004); prepared for “Essays on the Reform of 

the WTO Dispute Settlement System” (Cameron/May, forthcoming).

• Terence P. Stewart, Developments in DSU Negotiations to Address WTO Panel and Appellate 

Body “Overreaching”, published in ABA Section of International Law, International Law 

News, Vol. 34, No. 2 (Spring 2005). 

• John Greenwald, WTO Dispute Settlement: An Exercise in Trade Law Legislation?, Journal 

of International Economic Law, 113-124 (2003). 

• John Ragosta, Navin Joneja and Mikhail Zeldovich, WTO Dispute Settlement: The System is 

Flawed and Must be Fixed, The International Lawyer, Vol. 37, No. 3, 697-752 (Fall 2003). 

• John Magnus, Navin Joneja and David Yocis, What Do All These Adverse WTO Decisions 

Mean?, Paper presented at Georgetown University Law Center’s Trade Law Update, January 

30, 2003. 

• Daniel K. Tarullo, The Hidden Costs of International Dispute Settlement: WTO Review of 

Domestic Anti-Dumping Decisions, Law and Policy in International Business, Vol. 34, No.1, 

109-181 (2002). 
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• Paul C. Rosenthal, Jeffrey S. Beckington, Dispute Settlement Before the World Trade 

Organization in Antidumping, Countervailing and Safeguard Actions: Effective 

Interpretation or Unauthorized Legislation, Paper presented at Developments in World Trade 

Organization Law, Geneva, Switzerland, March 20-21, 2003. 

A significant number of WTO Members have identified overreaching by WTO dispute 

settlement bodies as a serious systemic problem. Given that there is no built-in mechanism in 

the WTO dispute settlement system to correct instances of overreaching, it is imperative that the 

problem of overreaching be addressed in the context of the Doha negotiations on DSU reform. 

The U.S. has made initial proposals at Doha to reform the DSU and to address some of 

the issues decided by adverse WTO dispute settlement decisions. In the DSU negotiations, the 

U.S. has submitted the following proposals: 

U.S. Proposals Issues Addressed 

• Communication from the United States of 

August 9, 2002, TN/DS/W/13 (Aug. 22, 2002) 

• Communication from the United States of 

February 10, 2003, TN/DS/W/46 (Feb. 11, 2003) 

• Contribution by Chile and the United States of 

December 17, 2002, TN/DS/W/28 (Dec. 23, 

2002) 

• Textual Contribution by Chile and the United 

States of March 11, 2003, TN/DS/W/52 (March 

14, 2003). 

• Amend the DSU by providing additional 

guidance to WTO adjudicative bodies 

• Enhance Member control over the dispute 

settlement process 

• Improve transparency 

• Ensure panel expertise 

In the context of the Doha Rules negotiations, the U.S. has made proposals aimed at 

modifying specific WTO agreements (e.g., Antidumping; Subsidies and Countervailing 

Measures; Safeguards) in order to address aspects of adverse WTO panel or Appellate Body 

decisions, including the following: 

U.S. Proposal Issue Addressed Adverse WTO Panel or AB Decision 

TN/RL/W/72 All others rate US – Hot-Rolled Steel (Japan), WT/DS 184 

TN/RL/W/78 Taxation US – FSC, WT/DS 108 

TN/RL/W/78 Indirect subsidies US – Export Restraints, WT/DS 194 

TN/RL/W/98 

TN/RL/W/130 Causation US – Hot-Rolled Steel (Japan), WT/DS 184 

TN/RL/W/130 Privatization US – Lead and Bismuth II, WT/DS 138 

TN/RL/W/130 Privatization US – Countervailing Measures on Certain EC 

Products, WT/DS 212 

TN/RL/W/130 Sales to affiliates US – Hot-Rolled Steel (Japan), WT/DS 184 

TN/RL/W/153 Facts available US – Hot-Rolled Steel (Japan), WT/DS 184 
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U.S. Proposal Issue Addressed Adverse WTO Panel or AB Decision 

TN/RL/W/153 Facts available US – Steel Plate (India), WT/DS 206 

TN/RL/W/153 Specific action US – Offset Act, WT/DS 217/234 

While the initial U.S. DSU proposals have raised important systemic issues, and the 

Rules proposals have addressed specific problems created by WTO panel or AB decisions, the 

U.S. needs to submit follow-up proposals and to intensify its efforts to achieve the 

Congressionally-mandated negotiating objectives regarding dispute settlement. 

B. The Doha Round Negotiations on Rules. 

In the Ministerial Declaration setting out the Doha Round agenda, WTO Members agreed 

to “negotiations aimed at clarifying and improving disciplines” under the Antidumping 

Agreement (AD) and the Agreement on Subsidies and Countervailing Measures (SCM), “while 

preserving the basic concepts, principles and effectiveness of these Agreements.”13

In the Trade Act of 2002, Congress established that one of the “principal negotiating 

objectives of the United States” was the promotion of rigorous enforcement of trade remedy laws 

and prevention of the lessening of the effectiveness of such laws: 

The principal negotiating objectives of the United States with 

respect to trade remedy laws are --- 

(A) to preserve the ability of the United States to enforce 

rigorously its trade laws, including the antidumping, 

countervailing duty, and safeguard laws, and avoid agreements 

that lessen the effectiveness of domestic and international 

disciplines on unfair trade, especially dumping and subsidies, or 

that lessen the effectiveness of domestic and international 

safeguard provisions, in order to ensure that United States 

workers, agricultural producers, and firms can compete fully on 

fair terms and enjoy the benefits of reciprocal trade concessions; 

and 

(B) to address and remedy market distortions that lead to 

dumping and subsidization, including overcapacity, cartelization, 

and market-access barriers.14

 

13 Ministerial Declaration, Ministerial Conference, Fourth Session, Doha, 9-14 November 2001, 

WT/MIN(01)/DEC/1, para. 28 (Nov. 20, 2001). 14 19 U.S.C. § 3802(b)(14). 
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To date, there have been 178 submissions in the Doha negotiations on Rules. The 

majority of these submissions, contrary to the Doha mandate to “clarify” and “improve” 

disciplines while “preserving” the effectiveness of the AD and SCM agreements, actually seek to 

weaken the AD and SCM agreements. Of the 178 submissions so far, participants have proposed 

more than 100 specific changes to the AD Agreement, and more than half of these proposals 

would weaken the effectiveness of the agreement. The following table provides examples of 

Doha proposals that would weaken the antidumping trade remedy. 

Proposals to Weaken AD Agreement Consequences 

Use more below cost sales for normal value Lower antidumping duties 

Offset dumping margins with “negative” margins 

(i.e., prohibit “zeroing”) Lower antidumping duties 

Restrict determination of injury from several 

countries together 

More negative injury determinations and fewer 

antidumping orders 

Require increased evidence that dumping is a cause 

of injury 

More negative injury determinations and fewer 

antidumping orders 

Tighten rules on finding threat of injury More negative injury determinations and fewer 

antidumping orders 

Increase “de minimis” dumping levels Fewer antidumping orders 

Increase “negligible” volume levels Fewer antidumping orders 

Require a “Public Interest” test of orders Politicization and fewer orders 

Mandatory Lesser Duty Rule Lower antidumping duties 

Automatic “Sunset” of orders at 5 years Shorter relief from unfair trade 

Define “product under investigation” More difficult initiation, more negative injury 

determinations and fewer orders 

Impose a “de minimis” margin on reviews Allowance of more dumping without remedy 

Dispute panels on initiations Make initiations more difficult and less certain, 

delay investigations 

Increase minimum participation of domestic 

industry 

More difficult initiations, fewer investigations and 

orders 

Higher standards to consider companies related More use of non-market prices, lower dumping 

duties 

Use investigation standards in “sunset” reviews Shorter relief from unfair trade 

Allow more below cost sales for perishable products Lower dumping duties on agricultural products 

Restrict choices for constructed value profit Lower antidumping duties 

Verification of petitions for investigation More difficult initiations, fewer investigations and 

orders 
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Proposals to Weaken AD Agreement Consequences 

Include “de minimis” margins in all other rate Lower dumping duties 

Automatic use of costs calculated in accordance 

with local standards, without review for reflection 

of full costs 

Lower dumping duties 

Prohibit investigations within one year of an 

investigation of the same product or broader product 

range with a negative outcome 

Reduces ability to obtain relief from dumping of 

specific products or take into account changed 

market conditions or declining health of domestic 

industry 

Add “reasonability” test to Constructed Value 

profits Lower antidumping duties 

Separate and distinguish non dumping injury factors More negative injury determinations and increased 

difficulty of obtaining relief from dumping 

Restrict authority to decline offers of price 

undertakings 

Fewer orders with defined duty in favor of 

unenforceable suspensions of investigations 

Prohibit concurrent antidumping and Safeguards 

measures 

Less relief available from surging or dumped 

imports 

Apply minimum allowable domestic market rules 

on each model of a product 

Increased use of export prices as benchmark for 

export prices to U.S. Lower dumping duties 

Apply lesser price rule to Price Undertakings Less protection from Price undertakings 

(Suspension Agreements in U.S.) 

Make adjustments for indirect selling expenses in 

normal value is it is done in calculating a 

Constructed Export Price 

Lower antidumping duties 

Measure cost recovery over longer than one year More use of below cost sales, lower dumping 

duties 

Provide specific benefits to developing countries in 

Antidumping Investigations 

Lower dumping duties for unfair imports from 

developing countries 

Require refund of duties to implement dispute panel 

decisions 

Reduction or termination of relief from dumped 

imports 

Source: Law Offices of Stewart and Stewart, U.S. Trade Laws: Current Challenges in the World Trade 

Organization (April 2003). 

To date, the U.S. has made a number of beneficial and useful submissions in the Rules 

negotiations. These submissions have explained the purpose of trade remedies, questioned 

various proposals made by other Members, and proposed changes that would enhance the 

Agreements’ effectiveness. The following list identifies some of the significant antidumping and 

subsidies issues and topics that the U.S. has raised in the Doha Rules negotiations to date. The 

U.S. submissions seek discussion, clarification, and improvement in these issues. 
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U.S. Submission Subject Proposal 

TN/RL/W/130 

(06-30-04) 

Article 17.6 – Standard 

of Review in 

Antidumping Disputes 

Members should “consider whether Article 17.6 should be 

addressed to ensure that panels and the Appellate Body 

properly apply it.” Members should consider whether a 

similar provision should be included in the SCM 

Agreement. 

TN/RL/W/153 

(04-26-04) 

Continued Dumping 

and Subsidy Offset Act 

(CDSOA) 

Group should address the right of Members to distribute 

monies collected from antidumping and countervailing 

duties. 

TN/RL/W/72 

(03-19-03) 

Establishment of 

Overall WeightedAverage Dumping 

Margins (The Offset or 

“Zeroing” Issue) 

Group should clarify obligations of Members respecting 

the manner in which the overall weighted average 

margins are to be calculated. 

TN/RL/W/98 

(05-06-03) 

Alternative Causes of 

Injury (“Separate and 

Distinguish”) 

Group should consider whether “the ADA needs to be 

clarified to provide authorities practical guidance in 

implementing the negative obligation of non-attribution 

and on how this obligation should relate to the 

examination of the effect of dumped imports, while 

ensuring that any affirmative obligations are clearly set 

forth in the Agreement and are workable for authorities to 

implement.” 

TN/RL/W/50 

(02-04-03) Circumvention 

Raised the issue of circumvention, noting the incomplete 

work of the Uruguay Round in this area, and said the U.S. 

would submit a proposal in the future. 

TN/RL/W/130 

(06-20-03) Related Party Test 

ADA should be clarified to address situations where one 

party is in a position to exercise de facto control over 

another, even where there is no equity ownership or other 

legal control, or where two parties are in such a position 

that they may be expected to act in concert. 

TN/RL/W/72 

(03-19-03) 

Calculation of All 

Others Rate Using 

Margins Based Partly 

on Facts Available 

Group should clarify Article 9.4 to ensure that the “allothers” rate can be calculated using appropriate and 

reasonable methods, and should consider whether margins 

based, in part, on facts available may be included in the 

calculation of the all-others rate. 

TN/RL/W/153 

(04-26-04) Use of Facts Available 

Members should consider whether the ADA provisions 

governing the use of facts available need to be clarified to 

ensure that responding parties have an incentive to 

provide all necessary information. 

TN/RL/W/72 

(03-19-03) 

TN/RL/W/156/Rev.1 

(07-14-04) 

New Shipper Reviews 

Group should examine new shipper review process to 

determine whether the ADA and ASCM needs 

clarification to prevent abuse of the new shipper review 

process. 

TN/RL/W/34 

(12-02-02) 

TN/RL/W/103 

(05-06-03) 

Lesser Duty 

Rule/Public Interest 

Test 

Submissions addressed questions to other Members 

concerning proposals for a mandatory “lesser duty 

rule”/”injury margin” and “public interest test.” 
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U.S. Submission Subject Proposal 

TN/RL/W/35 

(12-03-02) 

TN/RL/W/71 

(03-18-03) 

TN/RL/W/98 

(05-06-03) 

TN/RL/W/130 

(06-20-03) 

TN/RL/W/162/Rev.1 

(07-14-04) 

Due Process and 

Transparency 

Improvements 

U.S. submitted a variety of proposals to improve due 

process and transparency under the ADA and ASCM. 

TN/RL/W/72 

(03-19-03) 

Perishable, Seasonal 

and Cyclical 

Agricultural Products 

Group should clarify and improve the rules pertaining to 

issues particular to AD and CVD investigations of 

perishable, seasonal and cyclical products. 

TN/RL/W/130 

(06-20-03) Privatization

Members should “examine whether the ASCM should be 

clarified” with respect to “the impact of privatization on 

the benefit from prior subsidies” in situations not covered 

by Article 27.13. 

TN/RL/W/78 

(03-19-03) 

Indirect Subsidies

Determination of “government control” should be 

developed. 

Definition of “public body” (art. 1 ASCM) should be 

discussed. 

The term “entrusts or directs” (art. 1.1(a)(1)(iv) ASCM) 

should be examined. 

Terms of ASCM Article 14(b) regarding government 

loans should be clarified and improved. 

Notification/transparency requirements should be clarified 

and improved. 

TN/RL/W/78 

(03-19-03) 

Prohibited Subsidies

The ASCM should also prohibit: large domestic subsidies, 

subsidies to cover operating losses, and direct forgiveness 

of debt. 

Existing remedies for prohibited subsidies should be 

discussed and strengthened. 

Overall, however, the proposals tabled by Members so far are unbalanced. Much more 

remains to be done to ensure that the U.S. achieves Congress’ stated negotiating objectives in the 

Rules negotiations. Time is critical. While the U.S. initial submissions have been beneficial, the 

U.S. still needs to present many second papers to follow-up and flesh out its initial submissions, 

as well as to respond to submissions of other Members. Moreover, the U.S. has still not put 

forward a full list of papers necessary to ensure that the U.S. negotiating objectives are met. 

To meet its negotiating objectives, the U.S. should make further submissions proposing 

additional modifications to the ADA and ASCM to enhance their effectiveness. Such proposals 

should include the following: 
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Issues Suggested Proposal 

De Minimis and Negligibility Thresholds 

Modify ADA Article 5.8 to change the de minimis (and therefore 

non-actionable) level of dumping from 2% to 0.5% during 

investigations to increase the effectiveness of the remedy. The level 

which denotes “negligible” imports in ADA Article 5.8 should also 

be changed from 3% of total imports from one country and 7% from 

all countries with less than a 3% share to 2% and 5%, respectively. 

Sunset Reviews 

ADA Article 11.3 and ASCM Article 21.3 should be modified to 

include a presumption of continuation of CVD/AD orders. 

Alternatively, these articles should simply be deleted. 

Distinction Between Investigations and 

Reviews 

Language should be added to the ADA and ASCM clarifying that 

provisions applicable to investigations do not apply to reviews 

unless the text of the Agreements expressly state that such rules are 

applicable to reviews. 

Dispute Settlement Challenges of 

Provisional Measures and Preliminary 

Determinations 

U.S. should propose that the ADA and ASCM be modified to allow 

challenges of provisional measures and preliminary determinations 

only after final action has been taken by the administering authority. 

Deadlines for Challenges in Trade 

Remedy Disputes 

ADA Article 17.4 and ASCM Article 30 should be modified to 

include a deadline to challenge final determinations in AD/CVD 

cases. 

Self-Initiation of Investigations 

ADA Article 5.1 and ASCM Article 11.1 should be amended to 

provide that “Unless self-initiated by a competent authority under 

paragraph 6....” This change will place investigations initiated 

pursuant to industry petition and investigations self-initiated by 

authorities on equal footing. 

Standing 

ADA Article 5.4 and ASCM Article 11.4 should be revised to allow 

initiation unless there is substantial opposition expressed to 

authorities by the domestic industry. 

Unwarranted Confidentiality Claims 

The last clauses of ADA Article 6.5.2 and ASCM Article 12.4.2, 

which allow respondents to escape the consequences of making 

unwarranted claims of confidentiality by demonstrating the 

correctness of the disputed information, should be deleted. 

Multiple Averaging Periods 

ADA Article 2 should be amended to include a provision defining 

the term “period of investigation” as normally one year, but not less 

than six months. 

ADA Article 2.4.2 should be amended to specify that separate 

average normal values, export prices or constructed export prices 

may be calculated for discrete periods within the POI when the 

administering authorities determine there are distinct differences in 

patterns and terms of trade for those periods, including, inter alia, 

significant fluctuation in currency values. 

“Fair Comparison” 

The first sentence of ADA Article 2.4 should be modified to replace 

the words “a fair comparison” with “the price comparison.” This 

would clarify the obligations set out in Article 2.4. 
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Issues Suggested Proposal 

Documentation of Claims for 

Adjustments Under ADA Article 2.4 

ADA Article 2.4 should be amended by adding a footnote placing 

the burden of proof on those parties making a claim for favorable 

adjustments to fully document the claim with material that 

demonstrates the correctness of the claim. 

ADA Article 2.4 should be amended to add a paragraph allowing 

the administering authority to take an adverse inference if the party 

claiming the adjustment is unable to comply with a reasonable 

request for substantiation. 

Payment of Additional AD Duties 

Where Definitive Duties are Higher than 

Provisional Duties 

ADA Article 10.3 should be modified to provide for the payment, as 

well as the refund of the difference between provisional and 

definitive antidumping duties. 

“Special Care” Threshold for Threat 

Determinations 

ADA Article 3.8, and ASCM Article 15.8, which require 

determinations of threat of injury to be made with “special care,” 

should be deleted. 

Verification 

Amend Article 6.7 and paragraph 2 of Annex I of the ADA and 

Article 12.6 and paragraph 2 of Annex VI of the ASCM to permit 

parties with APO access to attend verifications of foreign producer 

questionnaire information. 

Circumvention Based on Upstream 

Dumping 

Develop effective mechanisms for incorporation into the ADA to 

address upstream dumping. 

Circumvention Based on Input Products 

Provide that the inclusion of a dumped or subsidized product on or 

into a further advanced product will not preclude coverage of the 

importation of the originally dumped or subsidized product under an 

antidumping or countervailing duty order. 

Presumption of Injury for Repeat 

Offenders 

Amend the ADA to add a presumption of injury and causation in 

any new investigation where dumping has been found to have 

occurred in the same SIC category twice in the last five years. 

Effective Action Against Fill-In 

Countries 

Establish a presumption of injury and causation for cases brought 

within 3 years of an AD/CVD order, in a supplier- or country-shift 

position. 

Elimination of Injury Test Eliminate the injury test for AD/CVD cases where a margin for any 

respondent is greater than 20%. 

Privatization 

The presumption created by the Appellate Body should be 

eliminated by adding a footnote to ASCM Article 1.1(b) providing 

that the amount of benefit conferred is not affected by a change in 

ownership of the recipient or a change in the ownership of the 

recipient’s productive assets. 

Indirect Subsidies 

Amend Article 1.1(a)(1) of the ASCM to clarify that an export 

restraint can be a financial contribution. 

Amend ASCM Article 1.1(a)(1)(iv) or add a footnote to clarify that 

government direction may include changes in the terms of loans, 

imposition of export taxes or restraints, and direction of activities of 

private parties. 

Clarify that the government is presumed to direct private parties it 

owns in whole or in part. 
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Issues Suggested Proposal 

Serious Prejudice 

Amend ASCM Article 6.4 to apply to Article 6.3(a) claims. 

Add to the end of ASCM Article 6.4: “For the purpose of 

paragraphs 3(a) and (b), the displacement or impeding of imports or 

exports shall include any case in which, subject to the provisions of 

paragraph 7, it has been demonstrated that there is a relative lack of 

imports or exports of a like product of another Member in the 

market compared to other markets.” 

Limit Challenges to Final Measures Amend ADA and ASCM to limit challenges to final measures only 

(as opposed to preliminary or provisional measures). 

Prohibit Members from Challenging 

Practices Engaged in by Member 

Amend ADA and ASCM to prohibit Members from challenging 

practices or methods that the challenging Member itself engages in. 

Require Evidence of Adverse Trade 

Effects Before Challenge 

Amend ADA and ASCM to limit dispute challenges to cases where 

there are existing adverse trade effects. 

In addition to the trade remedy law negotiating objectives, Congress also directed its 

attention to certain institutional biases that prejudice U.S. interests, such as the disparity in 

treatment of border taxes. Thus, the Trade Act of 2002 established that: 

The principal negotiating objective of the United States regarding border 

taxes is to obtain a revision of the WTO rules with respect to the 

treatment of border adjustments for internal taxes to redress the 

disadvantage to countries relying primarily on direct taxes for revenue 

rather than indirect taxes.15

One primary example of a border tax adjustment is the refund or remission of internal 

taxes paid on goods that are exported rather than domestically consumed. Typically, such 

refunded internal taxes are indirect taxes (e.g., sales taxes and value-added taxes) but do not 

include direct taxes (e.g., income taxes paid by a company). The GATT 1994 (Articles VI and 

XVI) permits border adjustments for indirect taxes but not for direct taxes. Because the U.S. has 

a direct tax system, U.S. companies that export have not received the advantage of border tax 

adjustments that exporters from other countries that use an indirect tax system receive. 

The U.S. has attempted to eliminate the prejudicial effect of disparate treatment of border 

taxes by raising the issue in the context of the Doha Rules negotiations and discussions about 

subsidy disciplines.16 To date, however, there has been no agreement at Doha to address this 

problem. The U.S. should submit further proposals on this issue, in particular proposing: (1) that 

paragraph (e) of Annex I of the ASCM be modified to add “indirect taxes,” after “direct taxes” 

and that footnote 1 of the ASCM be modified accordingly; (2) that ASCM Article 1.1(a) be 

 

15 19 U.S.C. § 3802(b)(15). 

16 TN/RL/W/78 (March 19, 2003). 
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modified to include the assessment of indirect taxes upon imported products and that ASCM 

Article 3.1 be modified to prohibit their assessment. 

C. Creation of Lack of Predictability by the International Trade Administration 

in Regulatory Decision Making in NME Cases. 

 Another major challenge to the effectiveness of the antidumping remedy, and one that 

particularly affects the effectiveness of the antidumping remedy as applied to China, is the lack 

of predictability in non-market economy (NME) cases administered by the Department of 

Commerce’s International Trade Administration (ITA). Under existing practice, ITA employs a 

number of methodologies or analytical approaches to the calculation of dumping margins in 

NME cases that can artificially reduce the margin of dumping in favor of importers and against 

the interests of domestic producers. 

Over time, due to such practices and methodologies, a marked disparity and imbalance 

between the margins calculated in market economy cases and non-market economy cases has 

become evident. While there is a level of predictability in market economy cases, non-market 

economy cases are characteristically unpredictable. In effect, application of the NME statute and 

practices developed by ITA have created systemic biases and led to a bipolar distribution of 

margins in NME cases, especially cases involving China, in contrast with the outcomes in market 

economy cases. That is, ITA’s NME methodologies commonly result in AD margins for 

individually-investigated companies that are either extremely high or extremely low. The 

following table illustrates the type of bipolar margin results that are seen in NME cases. 

Examples of Bipolar Results in China AD Investigation Final Determinations

Final Determinations with Range of 

High Calculated Margins 

Final Determinations with Range of 

Low Calculated Margins 

Chlorinated Isocyanurates 

70 FR 24502 (05-10-05) 

75.78 

137.69 

285.63

Certain Color Television Receivers 

69 FR 20594 (04-16-04) 

69 FR 28879 (05-19-04) (amended) 

26.37 

21.25 

22.49 

9.69 

5.22 

Tetrahydrofurfuryl Alcohol 

69 FR 34130 (06-18-04) 136.86 Wooden Bedroom Furniture 

69 FR 67313 (11-17-04)

0.79 

2.22 

6.95 

5.07 

8.64 

15.24 

16.70 

Certain Frozen and Canned 

Warmwater Shrimp 

69 FR 70997 (12-08-04) 

70 FR 5149 (02-01-05) (amended) 

0.07 

27.89 

53.68 

80.19 

82.27 

Non-Malleable Cast Iron Pipe 

Fittings 

68 FR 7765 (02-18-03)

7.08 

6.34 
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Final Determinations with Range of 

High Calculated Margins 

Final Determinations with Range of 

Low Calculated Margins 

Saccharin 

68 FR 27530 (05-20-03) 

68 FR 35383 (06-13-03) (amended) 

291.57 

249.39 

281.97 

Certain Ball Bearings and Parts 

Thereof 

68 FR 10685 (03-06-03) 

7.22 

7.80 

8.33 

10.59 

Certain Cold-Rolled Carbon Steel 

Flat Products 

67 FR 62107 (10-03-02)

105.35 Lawn and Garden Steel Fence Posts 

68 FR 20373 (04-25-03)

0.00 

6.60 

1.42 

Steel Concrete Reinforcing Bars 

66 FR 33522 (06-22-01) 

66 FR 43573 (08-20-01) (amended)

132.53 

Polyvinyl Alcohol 

68 FR 47538 (08-11-03) 

68 FR 52183 (09-02-03) (amended)

6.91 

Foundry Coke Products 

66 FR 39487 (07-31-01) 

66 FR 45962 (08-31-01) (amended) 

66 FR 48025 (09-17-01) (amended) 

48.55 

75.58 

101.62 

105.91 

Certain Malleable Iron Pipe Fittings 

68 FR 61395 (10-28-03) 

68 FR 65873 (11-24-03) (amended)

7.35 

11.18 

11.31 

15.92 

Certain Preserved Mushrooms 

63 FR 72255 (12-31-98) 

64 FR 8308 (02-19-99) (amended)

121.47 

162.47 

151.15 

142.11 

Certain Automotive Replacement 

Glass Windshields 

67 FR 6482 (02-12-02) 

67 FR 11670 (03-15-02) (amended)

3.71 

9.84 

11.80 

Freshwater Crawfish Tail Meat 

62 FR 41347 (08-01-97) 

62 FR 48218 (09-15-97) (amended) 

91.50 

108.05 

119.39 

122.92 

156.77 

Folding Metal Tables and Chairs 

67 FR 20090 (04-24-02) 

67 FR 34898 (05-16-02) (amended) 

00.00 

13.72 

 

Structural Steel Beams 

67 FR 35479 (05-20-02) 

67 FR 41397 (06-18-02) (amended) 

15.23 

 

Certain Circular Welded CarbonQuality Steel Pipe 

67 FR 36570 (05-24-02)

0.00 

3.87 

Certain Folding Gift Boxes 

66 FR 58115 (11-20-01) 

66 FR 63216 (12-05-01) (amended) 

8.90 

1.67 

Certain Non-Frozen Apple Juice 

Concentrate 

65 FR 19873 (04-13-00) 

65 FR 35606 (06-05-00) (amended)

8.98 

9.96 

12.03 

14.88 

25.55 

27.57 

Melamine Institutional Dinnerware 

Products 

62 FR 1708 (01-13-97) 

62 FR 8426 (02-25-97) (amended) 

0.04 

0.46 

0.47 

2.74 
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Final Determinations with Range of 

High Calculated Margins 

Final Determinations with Range of 

Low Calculated Margins 

Brake Drums and Brake Rotors 

62 FR 9160 (02-27-02) 

62 FR 15655 (04-02-97) (amended) 

Drums 

0.00 

17.20 

Rotors 

0.00 

3.56 

8.51 

16.07 

Collated Roofing Nails 

62 FR 51410 (10-01-97) 0.00 

Bicycles 

61 FR 19026 (04-30-96) 

61 FR 33901 (07-01-96) (amended) 

0.00 

0.37 

0.67 

1.83 

2.02 

2.27 

2.95 

Disposable Pocket Lighters 

60 FR 37047 (07-19-95) (amended)

0.00 

0.55 

5.49 

27.91 

Manganese Metal 

60 FR 56045 (11-06-95) 

60 FR 4415 (02-06-96) (amended)

0.97 

4.60 

5.88 

11.77 

A number of the practices employed by ITA in NME cases that create uncertainty and 

lead to bipolar results are not required by statute but have been developed by ITA in practice 

over time. Although some of ITA’s practices may have been affirmed by the courts, they are not 

statutorily-required and need to be modified to restore balance and predictability to the NME 

antidumping process. 

Among ITA practices and methodologies in NME cases that are not required by statute, 

contribute to imbalanced and unpredictable results, and should be modified are the following: 
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ITA NME Practice Problem 

Ratios: Use of unadjusted ratios from annual 

reports that result in distorted calculations of 

normal values. 

• Methodology can result in understated ratios being 

used for FOH, GS&A and profit, which can result in 

dramatic understatement of normal value of product 

in NME cases. 

Import values: Use of import values exclusive of 

import duties as surrogate values based on the view 

that the purpose of the NME methodology is to 

construct the costs of exports to the U.S. rather 

than a surrogate normal value. 

• By choosing to calculate the export price instead of 

the domestic price for a product in order to determine 

normal value, ITA artificially lowers the normal 

values it calculates by the amount of any import 

duties paid on the product. 

COP: In ME cases, cost investigations (and CV 

calculations) look at the average cost of production 

of the item in all facilities in the country by the 

producer. However, in NME cases, ITA does not 

require the average number of labor hours and 

average amount of inputs for all facilities 

producing the product but just those engaged in 

producing for export. 

• Costs are understated because of the potential 

structuring of export transactions to use the most 

efficient equipment and less labor. 

• Allows respondents opportunity to game the system. 

Evidence of dumped prices: Failure to exclude 

dumped prices to the maximum extent possible. • The Department’s narrow reading of the statute 

substitutes a requirement for a finding of dumping in 

place of a reason to “believe or suspect” dumping. 

“Unrepresentative” prices: ITA eliminates as 

“unrepresentative” prices which are above average 

while retaining “low” prices when determining 

surrogate values, creating a bias in factor values 

found. 

• ITA’s effort to remove “aberrational” or “distortive” 

values is not required by statute and is done in a 

manner that tends to understate surrogate values.

Fully-loaded labor rate: ITA uses labor rates 

taken from Chapter 5 (rather than Chapter 6) of the 

ILO’s Yearbook of Labour Statistics. 

• Chapter 5 labor rates are not fully-loaded. They do 

not include such items as welfare fund payments, 

unemployment taxes, health care costs and other 

costs incurred by employers for employees. Chapter 

6 includes significant expenses that are incurred by 

employers, including welfare fund payments, 

unemployment taxes, health care costs, and other 

costs. 

Labor reporting: ITA limits labor reporting to the 

hours of workers directly or indirectly in the 

production of the subject merchandise. 

• The limitation of labor reporting to workers directly 

or indirectly involved in the production of the subject 

merchandise precludes ITA from capturing the full 

amount of labor NME producers employ in their 

operation and hence understates the calculation of 

normal value. 

Market economy inputs: If a “meaningful 

amount” of an input is sourced from market 

economies, ITA will value 100% of the factor of 

production using the market price. 

• Assumes the NME respondent would be able to 

supply 100% of its needs for any given input from 

the market economy source, even where substantial 

amounts of an input are obtained from NME sources. 

Respondent selection: ITA almost always selects 

the two or three largest exporters as mandatory 

respondents in an investigation. 

• Potentially results in mandatory respondents who are 

not representative of the overall industry, potentially 

resulting in unrepresentative financial ratios. 
THE IMPORTANCE OF TRADE REMEDIES TO THE U.S. TRADE RELATIONSHIP WITH CHINA –

CHALLENGES FACING THE USE OF ANTIDUMPING LAW: 

A CRITICAL PERIOD FOR THE ADMINISTRATION AND CONGRESSIONAL ACTION

30 

ITA NME Practice Problem 

Circumstance of sales adjustments: ITA does not 

grant circumstance of sales adjustments in NME 

sales on the belief that circumstances of sales are 

reflected in the surrogate financial ratios. 

• This practice overlooks circumstances in NME 

countries that are not reflected in the surrogate 

experience (e.g., willingness of Chinese respondents 

to allow receivables to remain uncollected, or of 

Chinese banks to allow loans to remain unpaid, 

reflect circumstances that do not occur in market 

economies). 

III. STEPS THAT NEED TO BE TAKEN. 

In the Doha Round, it is critical that the U.S. meet the trade negotiating objectives 

outlined by Congress in the Trade Act of 2002 with respect to redressing the overreaching of 

WTO dispute settlement bodies, preserving and improving the effectiveness of trade remedy 

laws, and addressing the prejudicial impact of border tax treatment. In each of these areas, little 

progress has been achieved to date and the U.S. is behind in presenting adequate papers at the 

Doha Rules negotiations. 

Time is of the essence. The numbers of opportunities remaining for substantive Rules 

negotiations are limited. The Sixth Ministerial Conference will take place on December 13–18, 

2005 in Hong Kong, China. The U.S. needs to make significant progress in pushing forward 

Congress’ trade negotiating objectives before that event. To that end, the following step should 

be taken. 

• The Administration needs to aggressively step up its Doha Rules and DSU 

negotiation efforts by (1) fleshing out its initial submissions, (2) expanding the 

range of issues already addressed by presenting additional papers on new issues, 

and (3) adequately addressing and responding to the issues raised by other 

Members’ proposals. 

• Congress should work with the Administration to push forward these issues and 

support achievement of its trade negotiating objectives in the Doha negotiations. 

• In addition, with respect to the current lack of predictability in NME antidumping 

proceedings, Commerce should reexamine and reevaluate its NME antidumping 

practices in order to ensure more predictable results. 

Successful outcomes to the Rules and DSU negotiations in the Doha Round are not only 

important to the continued use and efficacy of the trade remedy laws, particularly the 

antidumping remedy, but they are critical to maintaining usable, adequate, and effective trade 

remedies in order to address the challenges posed by China and to achieving a fair and balanced 

trade relationship with China in the future. 
APPENDIX 1 
1

Antidumping Investigations Initiated Against Exporting Countries 

January 1, 1995 to June 30, 2004 

Exporting Country 1995 1996 1997 1998 1999 2000 2001 2002 2003 

Jan.-

June 

2004 

Totals: 

Algeria 0 0 0 0 1 0 0 1 0 0 2 

Argentina 1 0 0 1 4 2 5 2 1 2 18 

Australia 1 0 1 2 3 4 1 3 2 0 17 

Austria 0 2 3 0 3 3 0 1 0 0 12 

Bahrain 0 0 0 0 1 0 0 0 0 0 1 

Bangladesh 0 0 0 0 0 0 1 0 0 0 1 

Belarus 0 0 0 0 3 4 1 1 1 1 11 

Belgium 1 2 3 3 1 0 5 1 3 0 19 

Bosnia 

Herzegovina 1 0 0 0 0 0 0 0 0 0 1 

Brazil 8 10 5 6 13 9 13 4 3 3 74 

Bulgaria 0 3 2 1 1 1 2 0 1 0 11 

Canada 2 1 3 3 0 1 7 5 4 1 27 

Chile 2 2 2 2 1 6 4 4 0 0 23 

China, P.R. 20 43 33 28 40 43 53 51 52 23 386 

Chinese Taipei 4 9 16 10 22 16 19 16 12 14 138 

Colombia 0 1 0 2 0 0 1 1 0 0 5 

Costa Rica 0 0 0 2 0 0 0 0 0 0 2 

Croatia 1 0 0 1 1 1 0 0 0 0 4 

Cuba 0 1 0 0 1 0 0 0 0 0 2 

Czech Republic 1 1 0 2 7 3 2 1 1 0 18 

Denmark 1 1 0 2 2 0 0 0 0 0 6 

Dominican 

Republic 0 0 0 0 0 0 1 0 0 0 1 

Ecuador 0 0 0 0 0 0 0 1 0 1 2 

Egypt 1 2 1 2 0 1 3 0 0 0 10 

Estonia 0 0 1 0 0 1 1 1 0 0 4 

European 

Community 0 1 2 4 7 9 9 10 10 0 52 

Faroe Islands 0 0 0 0 0 0 0 2 0 0 2 

Finland 0 0 1 1 2 0 1 2 2 0 9 

France 0 4 4 10 7 2 3 2 3 0 35 

Georgia 0 0 0 0 0 0 0 1 0 0 1 

Germany 7 9 13 8 12 5 9 7 3 0 73 

Greece 0 0 3 0 0 1 1 0 1 0 6 

Guatemala 0 1 0 0 0 0 1 0 0 0 2 

Honduras 0 0 0 1 0 0 0 0 0 0 1 
2

Antidumping Investigations Initiated Against Exporting Countries 

January 1, 1995 to June 30, 2004 

Exporting Country 1995 1996 1997 1998 1999 2000 2001 2002 2003 

Jan.-

June 

2004 

Totals: 

Hong Kong 1 3 2 3 2 1 3 3 0 0 18 

Hungary 2 0 2 2 4 0 3 1 0 0 14 

India 3 11 8 12 13 10 12 16 15 5 105 

Indonesia 7 7 9 5 20 13 18 12 8 4 103 

Iran 0 1 2 0 2 3 2 2 1 0 13 

Ireland 0 0 2 1 0 0 0 0 1 1 5 

Israel 0 1 2 1 0 1 2 0 0 0 7 

Italy 6 5 5 5 2 5 8 3 4 0 43 

Japan 5 6 12 13 22 9 13 13 16 4 113 

Jordan 0 0 0 0 0 0 1 0 0 0 1 

Kazakstan 3 1 2 4 0 3 3 6 0 0 22 

Korea, PDR 0 0 0 0 0 0 1 0 0 0 1 

Korea, Rep. of 14 11 15 24 34 22 23 23 17 11 194 

Latvia 0 0 2 1 1 3 0 0 0 0 7 

Libya 0 0 0 0 0 1 1 0 0 0 2 

Liechtenstein 0 0 1 0 0 0 0 0 0 0 1 

Lithuania 0 0 1 0 4 1 1 3 0 0 10 

Luxembourg 0 0 0 0 0 0 2 0 0 0 2 

Macau 1 0 0 0 0 0 0 1 0 0 2 

Macedonia 1 0 1 1 1 0 2 1 0 0 7 

Malawi 0 0 0 0 1 0 0 0 0 0 1 

Malaysia 2 3 5 4 7 9 6 4 8 2 50 

Mexico 3 4 2 9 4 1 4 2 4 1 34 

Moldova 0 0 0 0 0 2 1 0 0 0 3 

Mozambique 0 0 1 0 0 0 0 0 0 0 1 

Nepal 0 0 0 0 0 0 2 0 0 0 2 

Netherlands 6 1 5 3 2 3 4 1 0 0 25 

New Zealand 1 1 0 0 2 0 3 1 0 0 8 

Nicaragua 0 1 0 0 0 0 0 0 0 0 1 

Nigeria 0 0 0 0 0 0 0 0 1 0 1 

Norway 0 1 0 0 0 1 1 1 0 0 4 

Oman 0 0 0 0 0 0 1 0 0 0 1 

Pakistan 0 2 1 0 1 0 1 2 2 0 9 

Paraguay 0 0 1 0 0 0 0 0 0 0 1 

Peru 1 0 0 0 0 1 0 0 0 0 2 

Philippines 2 0 0 0 0 1 1 1 1 0 6 
3

Antidumping Investigations Initiated Against Exporting Countries 

January 1, 1995 to June 30, 2004 

Exporting Country 1995 1996 1997 1998 1999 2000 2001 2002 2003 

Jan.-

June 

2004 

Totals: 

Poland 2 3 3 4 3 5 1 4 0 0 25 

Portugal 0 2 0 2 0 1 1 0 0 0 6 

Qatar 0 0 0 0 0 0 1 0 0 0 1 

Romania 1 2 1 5 4 4 5 8 2 0 32 

Russia 2 7 7 12 17 12 9 18 2 6 92 

Saudi Arabia 0 1 0 3 2 3 1 1 2 0 13 

Serbia and 

Montenegro 0 0 0 0 0 0 1 0 0 0 1 

Singapore 2 0 4 0 5 0 12 9 1 1 34 

Slovak Republic 0 1 1 1 3 1 2 1 0 0 10 

Slovenia 1 0 0 1 0 0 0 0 0 0 2 

South Africa 2 6 4 5 4 6 10 9 4 0 50 

Spain 2 4 7 7 5 6 4 2 4 1 42 

Sri Lanka 0 0 0 0 0 0 0 0 0 1 1 

Sweden 1 2 5 0 1 0 2 1 0 0 12 

Switzerland 0 2 1 0 1 0 0 0 1 0 5 

Thailand 8 9 5 2 19 13 16 12 7 5 96 

Trinidad and 

Tobago 0 0 2 0 0 0 1 0 0 0 3 

Turkey 2 3 1 2 6 7 5 4 4 0 34 

Ukraine 2 3 4 9 9 7 6 8 3 0 51 

United Arab 

Emirates 0 0 1 0 0 2 2 0 2 1 8 

United Kingdom 6 4 6 4 2 9 6 2 0 0 39 

United States 12 21 15 15 14 13 15 12 21 8 146 

Uruguay 1 0 0 0 1 0 0 0 0 1 3 

Uzbekistan 2 0 0 0 0 0 0 0 0 0 2 

Venezuela 0 1 1 4 2 2 4 3 1 0 18 

Viet Nam 0 0 1 0 1 1 0 3 0 4 10 

Yugoslavia 1 1 0 0 2 0 0 0 0 0 4 

Zimbabwe 1 0 0 1 0 0 0 0 0 0 2 

Totals 157 224 243 256 355 294 366 310 231 101 2537 

Source: WTO; http://www.wto.org/english/tratop_e/adp_e/adp_stattab1_e.pdf
APPENDIX 2 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

1

Chapter 84 Line Items 

8402190000 Vapor Generating Boilers, Nesoi, Including 

Hybrid Boilers 

metric 

tons 

2,076.00 27,963.23 92.6% 

8403100000 Central Heating Boilers number 

98.89 1,612.81 93.9% 

8406904000 Parts Of Steam Turbines, Blades, Rotating Or 

Stationary 

number 

499.70 2,300.83 78.3% 

8407100060 Spark-Ignition Reciprocating Or Rotary 

Internal Combustion Piston Engines For Civil 

Aircraft, Used Or Rebuilt 

number 

 

5,000.00 20,904.96 76.1% 

8407290010 Spark-Ignition Reciprocating Or Rotary 

Internal Combustion Piston Engines For 

Marine Propulsion, Inboard Engines With 

Outboard Drive 

number 

 

178.11 762.42 76.6% 

8407290040 Spark-Ignition Reciprocating Or Rotary 

Internal Combustion Piston Engines For 

Marine Propulsion, Inboard Engines With 

Inboard Drive, Exceeding 18.65 Kw 

number 

 

100.36 1,284.12 92.2% 

8407310080 Spark-Ignition Reciprocating Piston Engines 

For The Propulsion Of Vehicles Of Chapter 

87, Not Exceeding 50 Cc And Greater Than 

746 W 

number 

 

53.44 133.16 59.9% 

8407329040 Spark-Ignition Reciprocating Piston Engines 

For Proplusion Of Vehicles Of Chapter 87, 

Nesoi, Exceeding 50 But Not Exceeding 

250Cc And Not Exc 18.65 Kw 

number 

 

159.58 815.25 80.4% 

8407329080 Spark-Ignition Reciprocating Piston Engines 

For Propulsion Of Vehicles Of Chapter 87, 

Nesoi, Exceeding 50 But Not Exceeding 

250Cc And Exceeding18.65Kw 

number 

 

542.92 1,174.89 53.8% 

8407333080 Sprk-Igntion Reciprocatng Pston Engines To 

Be Installed In Veh Travlng On Snow, Golf 

Carts, Non-Amphibious All-Terrain Vehicle & 

Burden Carriers, New. 

number 

 

22.75 818.12 97.2% 

8407340590 Spark-Ignition Reciprocating Piston Engines 

Except Air Cooled To Be Installed In Tractors 

For Agricultural Use, Not Exc 2,000 Cc, 

Exceeding 37.3Kw 

number 

 

84.92 347.79 75.6% 

8407345500 Spark-Ignition Reciprocating Piston Engines 

For The Propulsion Of Vehicles Of Chapter 

87, Nesoi, Exceeding 2,000 Cc 

number 

 

84.09 914.21 90.8% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

2

8407901020 Spark-Ignition Int Comb Piston Engines, 

Nesoi, To Be Installed In Agricultural Or 

Horticultural Mach, Not Exceeding 37.3Kw 

But > 4,476 W 

number 

 

115.70 295.10 60.8% 

8407901060 Spark-Ignition Int Comb Piston Type AirCooled Engines, Nesoi, To Be Installed In 

Agricultural Or Horticultural Machinery, 

Exceeding 37.3 Kw 

number 

 

116.45 378.18 69.2% 

8407901080 Spark-Ignition Int Comb Piston Engines, 

Except Air-Cooled, Nesoi, To Be Installed In 

Agricultural Or Horticultural Machinery, 

Exceeding 37.3 Kw 

number 

 

137.84 589.11 76.6% 

8407909010 Spark-Ignition Internal Combustion Piston 

Type Gas (Natural Or Lp) Engines 

number 

104.43 954.85 89.1% 

8407909020 Spark-Ignition Internal Combustion Piston 

Type Engines, Nesoi, Less Than 746 W 

number 

31.29 144.26 78.3% 

8407909040 Spark-Ignition Internal Combustion Piston 

Type Engines, Nesoi, 746 W Or Greater But 

Less Than 4,476 W 

number 

 

54.88 144.19 61.9% 

8407909060 Spark-Ignition Internal Combustion Piston 

Type Engines, Nesoi, 4,476W Or Greater But 

Not Exceeding 18.65 Kw 

number 

 

91.09 229.36 60.3% 

8407909080 Spark-Ignition Internal Combustion Piston 

Type Engines, Nesoi, Exceeding 18.65 Kw 

number 

48.03 227.70 78.9% 

8408100005 Compression-Ignition Internal Combustion 

Piston Engines For Marine Propulsion, Not 

Exceeding 111.9 Kw 

number 

 

975.71 4,785.45 79.6% 

8408201040 Compression-Ignition Internal Combustion 

Piston Engines For Propulsion Of Vehicles Of 

Chapter 87, To Be Installed In Tractors For 

Agri,Not Exc 37.3 Kw 

number 

 

35.82 1,672.16 97.9% 

8408202000 Compression-Ignition Internal Combustion 

Piston Engines For Propulsion Of Vehicles Of 

Chapter 87, To Be Installed In Road 

Tractors,Buses,Autos,Trucks 

number 

 

104.76 6,681.58 98.4% 

8408209000 Compression-Ignition Internal Combustion 

Piston Engines For Propulsion Of Vehiles Of 

Chapter 87, Nesoi 

number 

 

143.02 2,218.93 93.6% 

8408901040 Compression-Ignition Internal Combustion 

Piston Engines,Nesoi,To Be Installed In 

Agricultural Or Horticultural Mach Or 

Equipment Not Exceeding 37.3 Kw 

number 

 

373.69 1,101.17 66.1% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

3

8408901080 Compression-Ignition Internal Combustion 

Piston Engines,Nesoi,To Be Installed In 

Agricultural Or Horticultural Mach Or 

Equipment,Exceeding 37.3 Kw 

number 

 

293.32 5,431.11 94.6% 

8408909010 Compression-Ignition Internal Combustion 

Piston Engines,Nesoi,Not Exceeding 149.2 

Kw 

number 

 

502.96 2,111.25 76.2% 

8408909040 Compression-Ignition Internal Combustion 

Piston Engines,Nesoi,Exceeding 746 Kw But 

Not Exceeding 1,119 Kw 

number 

 

762.03 17,102.43 95.5% 

8409911060 Cast-Iron Parts, Not Advanced Beyond 

Cleaning, For Spark-Ignition (Inc Rotary) 

Internal Combustion Piston Engines For 

Marine Propulsion 

kilograms

 

4.67 19.64 76.2% 

8409915080 Parts, Exc Conn Rods, For Spark-Ignition 

Internal Combustion Piston Engines (Inc 

Rotary) For Road Tractors, Motor Buses, 

Automobiles Or Trucks 

kilograms

 

4.35 8.84 50.8% 

8409991080 Cast-Iron Parts, Not Advanced Beyond 

Cleaning, For Compression-Ignition Internal 

Combustion Piston Engines, Nesoi 

kilograms

 

1.79 3.92 54.3% 

8409999290 Parts,Except Connecting Rods, For 

Compression-Ignition Internal Combustion 

Piston Engines For Marine Propulsion 

kilograms

 

5.71 16.31 65.0% 

8410130000 Hydraulic Turbines And Water Wheels Of A 

Power Exceeding 10,000 Kw 

number 

11,666.67 606,992.00 98.1% 

8411911060 Cast-Iron Parts, Not Advanced Beyond 

Cleaning, For Turbojet Or Turbopropeller 

Aircraft Engines For Civil-Aircraft 

kilograms

 

108.03 288.87 62.6% 

8411911090 Cast-Iron Parts, Not Advanced Beyond 

Cleaning, For Turbojet Or Turbopropeller 

Aircraft Engines, Except Civil Aircraft 

kilograms

 

148.66 382.81 61.2% 

8412210015 Linear Acting Hydraulic Motors With Tie-Rod 

Type Cylinders 

number 

56.23 169.46 66.8% 

8412210045 Linear Acting Hydraulic Motors With 

Telescoping Type Cylinders 

number 

18.50 113.94 83.8% 

8412210075 Linear Acting Hydraulic Motors (Cylinders), 

Nesoi 

number 

20.98 76.61 72.6% 

8412294000 Hydrojet Engines For Marine Propulsion number 

44.32 241.23 81.6% 

8412298060 Hydraulic Power Engines, Unlimited Rotary 

Acting, Nesoi 

number 

85.00 656.91 87.1% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

4

8412310040 Linear Acting Pneumatic Motors 

(Cylinders),Tie-Rod Type 

number 

34.33 120.17 71.4% 

8412310080 Linear Acting Pneumatic Motors (Cylinders), 

Nesoi 

number 

18.23 56.11 67.5% 

8412390080 Pneumatic Power Engines And Motors, Nesoi number 

68.10 153.01 55.5% 

8413110000 Pumps For Dispensing Fuel Or Lubricants, 

Type Used In Filling-Stations Or Garages 

number 

14.27 58.17 75.5% 

8413301000 Fuel-Injection Pumps For CompressionIgnition Engines number 

16.43 58.99 72.1% 

8413309030 Fuel Pumps, Except Fuel-Injection, For 

Internal Combustion Piston Engines 

number 

6.57 22.23 70.4% 

8413400000 Concrete Pumps number 

112.71 872.14 87.1% 

8413500010 Oil Well And Oil Field Pumps, Reciprocating 

Positive Displacement 

number 

3,617.44 16,019.33 77.4% 

8413500050 Diaphragm Pumps, Reciprocating Positive 

Displacement 

number 

34.42 154.12 77.7% 

8413500070 Hydraulic Fluid Power Pumps, Radial Piston 

Type 

number 

40.42 341.81 88.2% 

8413500080 Hydraulic Fluid Power Pumps, Nesoi number 

18.01 464.50 96.1% 

8413500090 Reciprocating Positive Displacement Pumps, 

Nesoi 

number 

37.79 199.85 81.1% 

8413600040 Hydraulic Fluid Power Pumps, Rotary 

Positive Displacement, Nesoi 

number 

29.52 120.13 75.4% 

8413600050 Oil Well And Oil Field Pumps, Rotary Positive 

Displacement 

number 

1,109.32 3,216.15 65.5% 

8413600070 Roller Pumps, Rotary Positive Displacement number 

31.78 595.88 94.7% 

8413600090 Rotary Positive Displacement Pumps, Nesoi number 

8.63 45.92 81.2% 

8413702004 Submersible Pumps, Centrifugal number 

11.85 89.07 86.7% 

8413702025 Centrifugal Pumps For Liquids, Single-Stage, 

Single-Suction, Frame-Mounted, With 

Discharge Outlet 7.6 Cm Or Over In Diameter 

number 

 

163.94 718.35 77.2% 

8413702090 Centrifugal Pumps For Liquids, Nesoi number 

10.90 30.94 64.8% 

8413810030 Household Water Systems, Self-Contained number 

6.02 58.91 89.8% 

8413810040 Pumps For Liquids, Nesoi number 

4.33 14.60 70.4% 

8414100000 Vacuum Pumps number 

5.88 90.50 93.5% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

5

8414308060 Compressors, Refrigerating And AirConditioning, Except Ammonia, Exceeding 1 

Hp But Not Exceeding 3 Hp 

number 

 

25.66 84.32 69.6% 

8414308080 Compressors, Refrigerating And AirConditioning, Except Ammonia, Exceeding 10 

Hp 

number 

 

32.07 136.05 76.4% 

8414400000 Air Compressors Mounted On A Wheeled 

Chassis For Towing 

number 

43.37 112.36 61.4% 

8414591000 Blowers For Pipe Organs number 

12.58 179.59 93.0% 

8414593000 Turbochargers And Superchargers Of Fans 

Nesoi 

number 

35.51 469.16 92.4% 

8414596040 Fans Nesoi Suitable For Use With Motor 

Vehicles 

number 

6.68 21.02 68.2% 

8414596060 Fans, Nesoi, Centrifugal number 

7.91 42.96 81.6% 

8414596090 Fans, Nesoi, Axial number 

3.51 9.70 63.8% 

8414596095 Fans, Nesoi number 

3.86 9.87 60.9% 

8414600000 Hoods Having A Maximum Horizontal Side 

Not Exceeding 120 Cm 

number 

12.88 127.49 89.9% 

8414800500 Air Compressors, Turbochargers And 

Superchargers 

number 

61.30 282.26 78.3% 

8414801605 Air Compressors, Other Than Turbochargers 

And Superchargers, Stationary, 

Reciprocating, Not Exceeding 746W 

number 

 

22.36 61.21 63.5% 

8414801615 Air Compressors, Other Than Turbochargers 

And Superchargers,Stationary, 

Reciprocating, Exceeding 746 W But Not 

Exceeding 4.48Kw 

number 

 

52.45 187.67 72.1% 

8414801625 Air Compressors, Nesoi, Stationary, 

Reciprocating,Exceeding 4.48 Kw But Not 

Exceeding 8.21 Kw 

number 

 

234.83 722.74 67.5% 

8414801645 Air Compressors, Nesoi,Stationary, 

Reciprocating, Exceeding 19.4 Kw But Not 

Exceeding 74.6 Kw 

number 

 

108.00 747.94 85.6% 

8414801655 Air Compressors, Other Than Turbochargers 

And Superchargers, Stationary, 

Reciprocating, Exceeding 74.6Kw 

number 

 

113.91 1,092.47 89.6% 

8414801660 Air Compressors, Other Than Turbochargers 

And Superchargers, Stationary, Rotary, Not 

Exceeding 11.19Kw 

number 

 

11.39 152.19 92.5% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

6

8414801680 Air Compressors, Other Than Turbochargers 

And Superchargers, Stationary, Other Than 

Reciprocating And Rotary 

number 

 

25.48 60.49 57.9% 

8414801685 Air Compressors, Other Than Turbochargers 

And Superchargers, Portable,Lt 0.57 Cub 

Meter S Per Minute 

number 

 

14.19 65.21 78.2% 

8414801690 Air Compressors, Other Than Turbochargers 

And Superchargers, Portable, Nesoi 

number 

25.45 135.95 81.3% 

8414802065 Compressors, Nesoi, Including Reciprocating 

And Rotary, Exceeding 186.5 Kw But Not 

Exceeding 746 Kw 

number 

 

16,847.50 48,282.09 65.1% 

8414802075 Compressors, Nesoi, Including Reciprocating 

And Rotary, Exceeding 746 Kw 

number 

3,104.74 118,657.30 97.4% 

8414809000 Air Or Vacuum Pumps, Air Or Other Gas 

Compressors And Fans 

number 

2.94 24.28 87.9% 

8415103080 Air-Conditioners, Window Or Wall Type, SelfContained, 4.98 Kw/Hr Or Greater (17000 

Btu/Hr) 

number 

 

125.34 255.35 50.9% 

8415200000 Automotive Air Conditioners number 

57.73 139.57 58.6% 

8415810110 Air-Conditioners, Incorporating A 

Refrigerating Unit And A Valve For Reversal 

Of The Cooling/Heat Cycle,Self-Contain, Not 

Exceeding 17.58 Kw/Hr, Nesoi 

number 

 

178.30 360.50 50.5% 

8415810120 Air-Conditioners, Incorporating A 

Refrigerating Unit And A Valve For Reversal 

Of The Cooling/Heat Cycle, Self-Contained, 

Exceeding 17.58Kw/Hr, Nesoi 

number 

 

160.00 2,949.90 94.6% 

8415810130 Air-Conditioners, Incorporating A 

Refrigerating Unit And A Valve For Reversal 

Of The Cooling/Heat Cycle, Except SelfContained, Nesoi 

number 

 

182.75 569.28 67.9% 

8415820105 Air-Conditioners, Self-Contained Machines 

And Remote Condenser Type, Other Than 

Year-Round Units, Not Exceeding 17.58 

Kw/Hr (60000 Btu/Hr), Nesoi 

number 

 

184.96 420.09 56.0% 

8415820110 Air-Conditioners, Self-Contained Machines 

And Remote Condenser Type, Other Than 

Year-Round Units, Exceeding 17.58 Kw/Hr 

(60000 Btu/Hr), Nesoi 

number 

 

144.01 1,379.00 89.6% 

8415820135 Central Station Air Handlers For Use With 

Water Chillers 

number 

425.33 10,239.56 95.8% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

7

8415820155 Dehumidifiers Incorporating A Refrigerating 

Unit, Water Removal Capacity Less Than 35 

Liters Over A 24 Hour Period 

number 

 

84.21 202.06 58.3% 

8415820160 Dehumidifiers Incorporating A Refrigerating 

Unit, Water Removal Capacity Of 35 Liters 

And More Over A 24 Hour Period 

number 

 

74.62 2,137.89 96.5% 

8415820170 Air Conditioning Machines Incorporating A 

Refrigerating Unit, Nesoi 

number 

175.06 613.32 71.5% 

8415830050 Condensing Units Not Exceeding 17.58 

Kw/Hr, Not Incorporating A Refrigerating Unit 

number 

66.72 163.62 59.2% 

8415830070 Heat Exchangers, Not Incorporating A 

Refrigerating Unit, Nesoi 

number 

23.21 560.89 95.9% 

8415830090 Air Conditioning Machines Not Incorporating 

A Refrigerating Unit, Nesoi 

number 

200.76 839.77 76.1% 

8415908025 Air Conditioning Evaporator Coils 

Incorporating A Refrigerating Unit 

number 

28.89 70.09 58.8% 

8417100000 Furnaces & Ovens For Roasting, Melting Or 

Other Heat Treatment Of Ores, Pyrites Or Of 

Metals, Industrial Or Laboratory, Nonelectric 

number 

 

161.09 1,893.67 91.5% 

8417800000 Industrial Or Laboratory Furnaces And 

Ovens, Including Incinerators, Nonelectric, 

Nesoi 

number 

 

456.35 8,493.62 94.6% 

8418100010 Refrigerator-Freezers Combined, Fitted With 

Seperate External Doors, Compression Type, 

Volume Under 184 Liters 

number 

 

104.69 247.80 57.8% 

8418100020 Refrigerator-Freezers Combined, Fitted With 

Seperate External Doors, Compression Type, 

Volume Of 184 Liters And Over But Under 

269 Liters 

number 

 

107.87 228.74 52.8% 

8418100040 Refrigerator-Freezers Combined, Fitted With 

Seperate External Doors, Compression Type, 

Volume Of 382 Liters And Over 

number 

 

190.15 469.40 59.5% 

8418100090 Refrigerator-Freezers Combined, Fitted With 

Seperate External Doors, Except 

Compression Type 

number 

 

111.50 459.36 75.7% 

8418210090 Refrigerators, Household, Compression 

Type, Volume Of 382 Liters And Over 

number 

179.29 459.53 61.0% 

8418220000 Refrigerators, Household, Absorption Type, 

Electrical 

number 

63.88 272.50 76.6% 

8418290000 Refrigerators, Household Type, Nesoi number 

26.08 434.13 94.0% 

8418300000 Freezers, Chest Type, Capacity Not 

Exceeding 800 Liters 

number 

80.58 217.72 63.0% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

8

8418400000 Freezers, Upright Type, Capacity Not 

Exceeding 900 Liters 

number 

110.17 248.61 55.7% 

8418500040 Freezing Display Counters, Cabinets, 

Showcases And The Like 

number 

126.74 599.97 78.9% 

8418500080 Refrigerating Display Counters, Cabinets, 

Showcases And The Like 

number 

143.81 419.91 65.8% 

8418610010 Compression Type Self-Contained Cube And 

Flake Ice-Making Makings With A Capacity 

Not Exceeding 227 Kg 

number 

 

170.59 743.47 77.1% 

8418610025 Compression Type Soda Fountain And Beer 

Dispensing Refrigerating Equipment 

number 

184.10 672.97 72.6% 

8418610075 Compression Type Refrigerating Or Freezing 

Equipment, Except Household, Nesoi 

number 

39.93 1,213.62 96.7% 

8418690055 Absorption Liquid Chilling Units number 

2,142.98 6,522.09 67.1% 

8418690085 Refrigerating Or Freezing Equipment, Except 

Household, Nesoi 

number 

28.46 812.67 96.5% 

8419110000 Instantaneous Gas Water Heaters number 

66.45 169.37 60.8% 

8419190040 Solar Water Heaters number 

194.25 479.84 59.5% 

8419200000 Medical, Surgical Or Laboratory Sterilizers number 

52.33 3,323.92 98.4% 

8419390180 Dryers For The Treatment Of Materials By A 

Process Involving A Change In Temperature, 

Nesoi 

number 

 

341.98 1,388.82 75.4% 

8419505000 Heat Exchange Units, Nesoi number 

69.21 415.98 83.4% 

8419605000 Machinery For Liquefying Air Or Gas, Nesoi number 

519.61 1,986.14 73.8% 

8419815080 Industrial Cooking Stoves, Ranges And 

Ovens For Cooking Or Heating Food, Nesoi 

number 

16.08 572.37 97.2% 

8419819040 Industrial Machinery Or Equipment Of A Type 

Used In Restaurants, Hotels Or Similar 

Locations For Making Hot Drinks Or For 

Cooking, Heating Food, Nesoi 

number 

 

14.83 381.67 96.1% 

8419819080 Industrial Machinery Or Equipment For 

Making Hot Drinks Or For Cooking Or 

Heating Food, Nesoi 

number 

 

34.28 95.19 64.0% 

8419891000 Industrial Machinery, Plant Or Equipment For 

Making Paper Pulp, Paper Or Paperboard, 

Nesoi, Involving A Change In Temperature 

number 

 

829.59 5,019.08 83.5% 

8419899520 Industrial Machinery, Plant Or Equipment 

Designed For Cooling Food And Beverages 

number 

20.98 604.82 96.5% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

9

8419899560 Industrial Machinery, Plant Or Equipment For 

The Treatment Of Food And Beverages, 

Involving A Change In Temperature, Nesoi 

number 

 

22.89 3,485.30 99.3% 

8419899580 Parts Of Machinery, Plant Or Laboratory 

Equipment For The Treatment Of Materials 

By A Process Involving A Change Of 

Temperature, Nesoi 

number 

 

216.31 578.47 62.6% 

8419899585 Industrial Machinery, Plant Or Equipment For 

The Treatment Of Materials, Involving A 

Change In Temperature, Nesoi 

number 

 

11.49 329.06 96.5% 

8420102000 Calendering Or Similar Rolling Machines For 

Making Paper Pulp, Paper Or Paperboard 

number 

29,640.00 220,224.49 86.5% 

8420109040 Calendering Or Other Rolling Machines For 

Rubber And Plastics 

number 

3,671.96 10,734.32 65.8% 

8420919000 Cylinders, Nesoi, For Rolling Machines, Other 

Than For Metals Or Glass 

number 

118.57 602.98 80.3% 

8421110000 Cream Separators number 

95.63 1,322.56 92.8% 

8421120000 Clothes-Dryers, Centrifugal number 

141.49 303.90 53.4% 

8421199000 Centrifuges, Other, Incl Dryer number 

176.79 1,566.11 88.7% 

8421210000 Water Filtering Or Purifying Machinery And 

Apparatus 

number 

4.43 21.96 79.8% 

8421220000 Beverage Filtering Or Purifying Machinery 

And Apparatus 

number 

16.66 81.06 79.4% 

8421290015 Oil-Separation Equipment For Filtering Or 

Purifying Liquid 

number 

6.94 33.60 79.4% 

8422110000 Dishwashing Machines, Household Type number 

122.20 425.43 71.3% 

8422190000 Dishwashing Machines, Except Household 

Type 

number 

556.47 1,752.94 68.3% 

8422309120 Container Labeling Machines number 

51.68 2,847.09 98.2% 

8422309130 Vacuum Or Gas Packaging Machines For 

Filling, Whether Or Not Capable Of 

Performing Other Operations 

number 

 

3,455.11 73,556.58 95.3% 

8422309150 Vacuum Or Gas Packaging Machines Which 

Perform Only Operations Of Capping, 

Lidding, Sealing Or Closing 

number 

 

22.10 477.62 95.4% 

8422309170 Machines For Filling, Closing, Sealing, 

Capsuling Or Labeling Bottles, Cans Or 

Similar Containers, Nesoi 

number 

 

87.31 1,877.95 95.4% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

10

8422309180 Machines For Opening, Filling And Closing 

Bags 

number 

19.55 219.23 91.1% 

8422309190 Machinery For Filling, Closing, Sealing, 

Capsuling Or Labeling Boxes, Bags Or 

Similar Containers, Nesoi 

number 

 

1.81 97.56 98.1% 

8422401110 Machines For Wrapping Candy number 

636.47 9,079.30 93.0% 

8422401190 Machines For Packaging Pipe Tobacco, 

Wrapping Cigarette Packages And 

Combination Candy Cutting And Wrapping 

Machines 

number 

 

982.60 56,392.76 98.3% 

8422409140 Strapping Machines number 

205.05 865.98 76.3% 

8422409180 Packing Or Wrapping Machinery, Nesoi number 

2,573.91 6,849.81 62.4% 

8423100010 Digital Electronic Type Personal Weighing 

Machines, Including Baby And Household 

Scales 

number 

 

9.98 36.63 72.7% 

8423100060 Personal Weighing Machines, Including Baby 

And Household Scales, Nesoi 

number 

3.77 17.14 78.0% 

8423200000 Scales For Continuous Weighing Of Goods 

On Conveyors 

number 

41.04 500.90 91.8% 

8423300000 Constant-Weight Scales And Scales For 

Discharging A Predetermined Weight Of 

Material Into A Bag Or Container, Including 

Hopper Scales 

number 

 

37.74 1,051.84 96.4% 

8423810020 Digital Electronic Type Retail Scales, NonComputing, Having A Maximum Weighing 

Capacity Not Exceeding 30 Kg 

number 

 

25.56 100.81 74.6% 

8423810030 Digital Electronic Type Retail Scales, 

Computing, Having A Maximum Weighing 

Capacity Not Exceeding 30 Kg 

number 

 

109.78 422.30 74.0% 

8423810040 Digital Electronic Type Scales, Having A 

Maximum Weighing Capacity Not Exceeding 

30 Kg, Nesoi 

number 

 

18.28 69.85 73.8% 

8423810050 Weighing Machines Having A Maximum 

Weight Capacity Not Exceeding 30 Kg, 

Except Digital, Nesoi 

number 

 

7.92 29.65 73.3% 

8423890010 Digital Electronic Type Weighing Machines, 

Nesoi 

number 

56.37 810.86 93.0% 

8423890050 Weighing Machines, Nesoi number 

69.35 1,051.31 93.4% 

8423900040 Digital Weight Indicators number 

21.89 46.08 52.5% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

11

8424301000 Sand Blasting Machines number 

63.77 1,843.24 96.5% 

8424819010 Self-Propelled, Center Pivot, Irrigation 

Equipment 

number 

1,706.74 4,805.03 64.5% 

8424819040 Agricultural Or Horticultural,Sprayers Self 

Contained, Having A Capacity Not Over 20 

Liters 

number 

 

1.95 26.15 92.6% 

8424893000 Spraying Appliances Designed For Etching, 

Striping Or Cleaning Semiconductor Wafers 

number 

8,000.00 35,197.64 77.3% 

8424895000 Spraying Apps F/Dvlp Semi Wfrs number 

13.36 53.89 75.2% 

8425110000 Pulley Tackle And Hoists, Other Than Skip 

Hoists Or Hoists Of A Kind Used For Raising 

Vehicles, Powered By Electric Motor 

number 

 

43.40 165.91 73.8% 

8425190000 Pulley Tackle And Hoists, Other Than Skip 

Hoists Or Hoists Of A Kind Used For Raising 

Vehicles, Not Powered By Electric Motor 

number 

 

5.23 35.62 85.3% 

8425310000 Winches And Capstans Powered By Electric 

Motors 

number 

50.56 207.88 75.7% 

8425390000 Winches And Capstans Not Powered By 

Electric Motors 

number 

7.07 21.28 66.8% 

8425410000 Built-In Jacking Systems Of A Type Used In 

Garages 

number 

56.17 188.47 70.2% 

8425420000 Jacks And Hoists, Hydraulic, Except Built-In 

Jacking Systems Used In Garages 

number 

22.12 83.19 73.4% 

8426190000 Overhead Traveling Cranes, Transporter 

Cranes,Gantry And Bridge Cranes, Mobile 

Lifting Frames And Straddle Carries, Nesoi 

number 

 

136.36 68,950.30 99.8% 

8426200000 Tower Cranes number 

642.88 20,259.18 96.8% 

8426910000 Lifting Machinery Designed For Mounting On 

Road Vehicles 

number 

5,785.00 18,290.53 68.4% 

8426990000 Lifting Machinery, Nesoi number 

64.38 3,713.58 98.3% 

8427108090 Self-Propelled Fork-Lift And Other Works 

Trucks Fitted With Lifting Equipment, 

Powered By An Electric Motor, Nesoi 

number 

 

2,301.30 5,019.50 54.2% 

8427204000 Rider-Type, Counterbalanced Fork-Filt 

Trucks Of Other Self-Propelled Trucks 

number 

9,943.20 21,563.13 53.9% 

8427208000 Other Self-Propelled Trucks, Other Than 

Rider-Type 

number 

4,401.16 33,413.44 86.8% 

8427900000 Fork-Lift And Other Works Trucks Fitted With 

Lifting Equip, Nesoi 

number 

122.95 574.91 78.6% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

12

8428200010 Conveyors, Pneumatic number 

1,383.03 7,042.16 80.4% 

8428200050 Elevators, Pneumatic number 

1,426.27 8,311.02 82.8% 

8428390000 Continuous-Action Elevators And Conveyors, 

For Goods Or Materials, Nesoi 

number 

38.72 1,278.38 97.0% 

8428900010 Industrial Robots For Lifting, Handling, 

Loading Or Unloading 

number 

121.95 18,082.34 99.3% 

8428900020 Oil And Gas Field Machinery For Lifting, 

Handling, Loading Or Unloading 

number 

1,367.04 2,881.54 52.6% 

8428900090 Machinery For Lifting, Handling, Loading Or 

Unloading, Nesoi 

number 

27.22 252.21 89.2% 

8429110010 Bulldozers And Angledozers, Self-Propelled, 

Track Laying, New 

number 

7,146.11 89,877.82 92.0% 

8429190010 Bulldozers And Angledozers, Self-Propelled, 

New, Except Track Laying 

number 

6,522.44 60,142.76 89.2% 

8429400020 Tamping Machines And Road Rollers, 

Vibratory, New 

number 

2,244.35 9,632.76 76.7% 

8429511005 Integral Tractor Shovel Loaders, Rear Engine 

Mounted, 2 Wheel Drive, New 

number 

1,914.11 11,400.74 83.2% 

8429511015 Integral Tractor Shovel Loaders, Rear Engine 

Mounted, 4 Wheel Drive With A Bucket 

Capacity Of Under 1.5 M3, New 

number 

 

2,700.00 42,479.88 93.6% 

8429511025 Integral Tractor Shovel Loaders, Rear Engine 

Mounted, 4 Wheel Drive With A Bucket 

Capacity Of 1.5 M3 But Under 2.2 M3 

number 

 

12,992.00 46,048.02 71.8% 

8429511060 Front-End Shovel Loaders, Wheel Type, 

New, Nesoi 

number 

1,714.12 32,083.59 94.7% 

8429511065 Front-End Shovel Loaders, Wheel Type, 

Used Or Rebuilt 

number 

12,794.00 46,800.77 72.7% 

8429515010 Front-End Shovel Loaders, Less Than 44.7 

Kw, New, Except Wheel Type 

number 

8,500.00 28,023.00 69.7% 

8429521030 Backhoes, Shovels, Clamshells And 

Draglines With A 360 Degree Revolving 

Superstructure, Hydraulic, Except Crawler 

Mounted, New 

number 

 

8,301.17 100,161.18 91.7% 

8429521050 Backhoes, Shovels, Clamshells And 

Draglines With A 360 Degree Revolving 

Superstructure, Used Or Rebult 

number 

 

1,850.00 28,762.23 93.6% 

8429525010 Mechanical Shovels, Excavators And Shovel 

Loaders With A 360 Degree Rvolving 

Superstructure, New, Nesoi 

number 

 

2,579.11 28,387.40 90.9% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

13

8429591030 Backhoes, New, Except 360 Degree 

Revolving Superstructure 

number 

1,982.65 32,239.11 93.9% 

8429591060 Shovels, Clamshells And Draglines, New, 

Except 360 Degree Revolving 

Superstructures 

number 

 

204.41 24,988.88 99.2% 

8429591090 Used Or Rebuilt Excavating Machines number 

1,850.00 16,915.63 89.1% 

8429595060 Mechanical Shovels, Excavators And Shovel 

Loaders, Except 360 Degree Revoling 

Superstructures, New, Nesoi 

number 

 

4,246.10 27,481.17 84.5% 

8430390040 Rock Breaking Machines, Except SelfPropelled number 

2,795.00 8,757.30 68.1% 

8430410000 Boring Or Sinking Machinery, Self-Propelled number 

823.02 153,367.29 99.5% 

8430494000 Offshore Oil And Natural Gas Drilling And 

Production Platforms 

kilograms 

4.39 17.99 75.6% 

8430498020 Boring Or Sinking Machinery For Oil Well And 

Gas Field Drilling, Nesoi 

number 

267.44 12,983.80 97.9% 

8430498050 Boring Or Sinking Machinery, Nesoi number 

1,119.52 20,481.55 94.5% 

8430505000 Moving, Grading, Leveling, Scraping, 

Excavating, Extracting Machinery For Earth, 

Minerals Or Ores, Self-Propelled, Nesoi 

number 

 

14,673.31 54,965.15 73.3% 

8430690100 Moving, Grading, Leveling, Scraping, 

Excavating, Extracting Machinery For Earth, 

Minerals Or Ores, Not Self-Propelled, Nesoi 

number 

 

205.22 5,130.35 96.0% 

8431410020 Shovel Attachments number 

67.62 412.09 83.6% 

8431410060 Dragline Buckets number 

102.81 1,312.93 92.2% 

8431410080 Buckets, Shovels, Grabs And Grips, Nesoi number 

28.86 248.31 88.4% 

8431420000 Bulldozer Or Angledozer Blades number 

63.74 1,709.92 96.3% 

8431438020 Prts Oil/ Gas Mach. number 

10.38 146.69 92.9% 

8431499005 Backhoe Attachments For Mounting On 

Machinery 

number 

486.66 1,214.79 59.9% 

8431499015 Rippers And Rooters For Mounting On 

Machinery 

number 

62.60 1,716.11 96.4% 

8432100060 Plows, Nesoi number 

203.51 3,046.48 93.3% 

8432290040 Cultivators, Tractor Drawn Or For Tractor 

Mounting 

number 

37.07 802.84 95.4% 

8432290080 Cultivators, Weeders And Hoes, Nesoi number 79.8% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

14

112.57 558.49 

8432290090 Harrows And Scarifiers, Nesoi number 

113.86 615.91 81.5% 

8432300010 Planters And Transplanters number 

78.68 12,754.98 99.4% 

8432400000 Manure Spreeders And Fertilizer Distributors number 

10.32 314.45 96.7% 

8432800000 Agricultural, Horticultural Or Forestry 

Machinery For Soil Preparation Or Cultivation 

number 

32.96 1,909.00 98.3% 

8433110010 Electric Mowers, Including Battery Operated, 

Powered, With The Cutting Device Rotating 

In A Horizontal Plane 

number 

 

52.88 126.64 58.2% 

8433110050 Lawnmowers, Other Than Riding, Under 7.5 

Kw 

number 

28.00 204.40 86.3% 

8433190010 Greens Mowers number 

19.75 1,763.02 98.9% 

8433190020 Mowers, Gang Cutting Units number 

82.50 12,394.07 99.3% 

8433190040 Mowers, Non Riding, Gasoline Powered, For 

Lawns, Parks, Or Sports Grounds, Nesoi 

number 

223.57 807.86 72.3% 

8433190050 Mowers For Lawn, Parks Or Sports Grounds, 

Nesoi Vice Rotating In A 

Horizontal Plane, Under 3.7 Kw, Nesoi 

number 

 

36.32 513.96 92.9% 

8433200020 Mowers, Rotary Cutter Type, Tractor Drawn 

Or For Tractor Mounting 

number 

521.60 2,267.10 77.0% 

8433200040 Mowers, Tractor Drawn Or For Tractor 

Mounting, Except Rotary Cutter Type 

number 

296.99 3,344.28 91.1% 

8433400000 Straw Or Fodder Balers, Including Pick-Up 

Balers 

number 

1,078.38 8,375.13 87.1% 

8433590090 Harvesting Machinery Or Threshing 

Machinery, Nesoi 

number 

81.53 13,518.92 99.4% 

8433600090 Machines For Cleaning, Sorting Or Grading 

Fruit Or Other Agricultural Produce 

number 

11,100.00 61,371.47 81.9% 

8434100000 Milking Machines number 

2.58 30.62 91.6% 

8435100000 Presses, Crushers And Similar Machinery, 

Used In The Manufacture Of Wines Cider, 

Fruit Juices Or Similar Beverages 

number 

 

38.71 331.50 88.3% 

8436290000 Poultry-Keeping Machinery number 

2.04 65.28 96.9% 

8436800090 Agricultural, Horticultural Machinery, 

Including Germination Plant Fitted With 

Mechanical Or Thermal Equipment, Nesoi 

number 

 

20.95 150.90 86.1% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

15

8437100000 Machines For Cleaning, Sorting Or Grading 

Seed, Grain Or Dried Leguminous 

Vegetables 

number 

 

91.43 217.27 57.9% 

8438100010 Bakery Machinery number 

469.93 1,548.50 69.7% 

8438100090 Machinery For The Manufacture Of Macaroni 

Or Similar Products 

number 

13.43 447.68 97.0% 

8438500010 Meat-And Poultry-Packing Plant Machinery number 

132.45 366.99 63.9% 

8438500090 Machinery For The Preparation Of Meat Or 

Poultry, Nesoi 

number 

38.42 182.30 78.9% 

8438800000 Mach For Indust Preparation Or Manuf Of 

Food Or Drink, Other Than Mach For The 

Extract Or Preparat Of Animal Or Fixed Veg 

Fats Or Oils, Nesoi 

number 

 

86.65 1,264.39 93.1% 

8439100010 Machinery For Making Pulp Of Fibrous 

Cellulosic Material, New 

number 

31,666.67 67,312.59 53.0% 

8440100000 Bookbinding Machinery, Including BookSewing Machines number 

87.47 816.76 89.3% 

8441100000 Cutting Machines For Paper Products number 

7.71 696.01 98.9% 

8441200000 Machines For Making Bags, Sacks Or 

Envelopes 

number 

14,140.00 100,442.21 85.9% 

8441300000 Machines For Making Cartons, Boxes, 

Cases, Tubes, Drums Or Similar Containers, 

Other Than By Molding 

number 

 

28,842.02 140,852.18 79.5% 

8441400000 Machines For Molding Articles In Paper Pulp, 

Paper Or Paperboard 

number 

2,801.57 12,356.39 77.3% 

8442200000 Machinery, Apparatus And Equipment For 

Typesetting Or Composing By Other 

Processes, With Or Without Founding 

Devices 

number 

 

66.13 11,309.17 99.4% 

8442300000 Machinery,Apparatus And 

Equipment,Nesoi,For Preparing Or Making 

Printing Blocks, Plates, Cylinders Or Other 

Printing Components 

number 

 

640.72 17,155.67 96.3% 

8442501010 Printing Plates, Planed, Grained, Polished Or 

Othewise Prepared For Engraving Or 

Impressing 

number 

 

1.24 6.07 79.5% 

8442509010 Printing Blocks, Cylinders And Other Printing 

Components,Except Plates, Planed, Grained, 

Polished Or Otherwise Prepared For 

Engraving Or Impressing 

number 

 

186.67 1,699.35 89.0% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

16

8442509090 Printing Blocks, Cylinders And Other Printing 

Components, Prepared For Printing, Nesoi 

number 

44.41 109.36 59.4% 

8443115000 Reel-Fed Offset Printing Machinery, Nesoi number 

81,317.04 163,365.22 50.2% 

8443120000 Sheet-Fed, Office Type (Sheet Size Not 

Exceeding 22X36 Cm), Offset Printing 

Machinery 

number 

 

7,500.00 50,051.06 85.0% 

8443191000 Offset Printing Machinery, Except Reel-Fed 

And Sheet-Fed, Weighing 900 Kg Or Less 

number 

1,579.63 11,131.15 85.8% 

8443199000 Offset Printing Machinery, Weighing 1600 Kg 

Or More, Nesoi 

number 

50,833.33 506,767.45 90.0% 

8443300000 Flexographic Printing Machinery number 

6,782.92 145,928.03 95.4% 

8445130000 Drawing Or Roving Machines For Preparing 

Textile Fibers 

number 

18.20 35,295.71 99.9% 

8445190040 Cotton Gins number 

7.31 45,350.00 100.0% 

8445200000 Textile Spinning Machines number 

800.00 6,637.11 87.9% 

8446100010 Power Looms For Weaving Fabrics Of A 

Width Not Exceeding 30 Cm 

number 

2.53 27,167.47 100.0% 

8446100090 Weaving Machines (Looms) For Weaving 

Fabrics Of A Width Not Exceeding 30 Cm, 

Nesoi 

number 

 

1,368.09 3,474.19 60.6% 

8446305030 Weaving Machines For Weaving Fabrics Of A 

Width Exceeding 30 Cm, Shuttleless Type, 

Except Power Looms, Nesoi 

number 

 

2,154.77 43,857.36 95.1% 

8447119020 Cylinder And Dial Knitting Machines, Circular, 

With Cylinder Diameter Not Exceeding 165 

Mm,Nesoi 

number 

 

3,675.00 43,885.57 91.6% 

8447119090 Circular Knitting Machines, With Cylinder 

Diameter Not Exceeding 165 Mm, Nesoi 

number 

4,000.00 27,616.27 85.5% 

8447129090 Circular Knitting Machines, With A Cylinder 

Diameter Exceeding 165 Mm, Nesoi 

number 

6,700.00 18,707.05 64.2% 

8447202000 V-Bed Flat Knitting Machines, Power Driven 

Flat Knitting Machines Over 50.8 Cm In Width 

number 

156.46 69,858.42 99.8% 

8447203000 V-Bed Flat Knitting Machines, Nesoi number 

166.99 11,445.04 98.5% 

8447206000 Flat Knitting Machines, Nesoi number 

229.17 2,143.14 89.3% 

8447909000 Knitting Machines, And Mach For Making 

Gimped Yarn, Tulle, Lace, Trimmings, Or Net 

And Machines For TuftIng, Nesoi 

number 

 83.91 389.16 78.4% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

17

8448511000 Latch Needles For Knitting Machines thousand 

units 

51.31 299.31 82.9% 

8450110040 Washing Machines, Except Coin Operated, 

Fully Automatic, Dry Linen Capacity Not 

Exceeding 10 Kg, Household Or Laundry 

Type, Top Loading 

number 

 

114.18 285.54 60.0% 

8450110080 Washing Machines, Except Coin Operated, 

Fully Automatic, Dry Linen Capacity Not 

Exceeding 10 Kg, Household Or Laundry 

Type Other Than Top Load 

number 

 

207.71 420.36 50.6% 

8450190000 Washing Machines, Dry Linen Capacity Not 

Exceeding 10 Kg, Household Or LaundryType, Nesoi 

number 

 

31.35 91.54 65.8% 

8451290090 Drying Machines, Nesoi number 

12.78 395.43 96.8% 

8451300000 Ironing Machines And Presses (Including 

Fusing Presses) 

number 

20.53 275.37 92.5% 

8451500000 Machines For Reeling, Unreeling, Folding, 

Cutting Or Pinking Textile Fabrics 

number 

923.80 8,262.86 88.8% 

8451800000 Machinery Of Heading 8451, Nesoi number 

2,941.23 13,034.84 77.4% 

8452100010 Sewing Machines, Household Type, Valued 

Not Over $20 Each 

number 

1.97 17.03 88.4% 

8452100090 Sewing Machines, Household Type, Valued 

Over $20 Each 

number 

70.10 194.98 64.0% 

8452211000 Sewing Machines, Automatic Units, Specially 

Designed To Join Footwear Soles To Uppers 

number 

179.43 3,817.88 95.3% 

8452219000 Sewing Machines, Automatic Units, Nesoi number 

469.75 1,485.97 68.4% 

8452291000 Sewing Machines, Except Automatic Units, 

Specially Designed To Join Footwear 

Soles To Uppers 

number 

 

350.77 1,326.16 73.5% 

8452299000 Sewing Machines, Nesoi number 

89.59 447.40 80.0% 

8452300000 Sewing Machine Needles thousand 

units 

32.73 138.08 76.3% 

8454200010 Ingot Molds For Steel Ingots number 

948.42 3,967.16 76.1% 

8454300010 Die Casting Machines number 

2,381.37 40,053.75 94.1% 

8454300090 Casting Machines Except Die Casting number 

229.07 3,388.01 93.2% 

8455210000 Hot Or Combination Hot And Cold Rolling 

Mills Except Tube Rolling 

number 

3,229.66 18,711.18 82.7% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

18

8455300035 Cast Steel Rolls For Rolling Mills Not 

Exceeding 2,268 Kg 

number 

2,190.12 5,371.43 59.2% 

8455300085 Rolls For Rolling Mills Exceeding 6,803.9 Kg, 

Nesoi 

number 

8,817.00 20,215.79 56.4% 

8455904000 Castings Or Weldments, Individually 

Weighing Less Than 90 Tons, For The 

Machines Of Heading 8455 

kilograms

 

1.48 6.72 78.0% 

8456101020 Machine Tools For Working Metal, By Laser 

Or Other Light Or Photon Beam Processes, 

Except Numerically Controlled 

number 

 

27,775.00 74,953.34 62.9% 

8456106000 Mch Tl,Oth,Lsr,Prd Smcndr Wfr number 

20,120.00 255,573.86 92.1% 

8456108000 Mach Tool Oth, Laser Operated number 

20,484.75 55,824.61 63.3% 

8456993040 Machine Tools For Working Metal, By Electro 

Beam Or Plasma Arc Process, Numerically 

Controlled 

number 

 

2,962.00 67,992.94 95.6% 

8456997000 Mch Tl Oth,F/Strip/Cln Smi Wfr number 

20,500.00 66,288.58 69.1% 

8457100070 Machining Centers With Automatic Tool 

Changers, Other Than Horizontal-Spindle 

And Vertical-Spindle 

number 

 

29,634.00 295,995.50 90.0% 

8457100075 Machining Centers, Without Automatic Tool 

Changers 

number 

6.12 250,106.34 100.0% 

8458110030 Horizontal Lathes, Except Multiple Spindle, 

Metal Removing, With A Power Rating Of 

Less Than 18.65 Kw, Numerically Controlled, 

New 

number 

 

11,851.50 79,083.55 85.0% 

8458110050 Horizontal Lathes, Except Multiple Spindle, 

Metal Removing, With A Power Rating Of 

18.65 Kw Or Greater But Not Exceeding 37.3 

Kw, N/C, New 

number 

 

22,750.00 128,621.21 82.3% 

8458110090 Horizontal Lathes, Except Multiple Spindle, 

Metal Removing, With A Power Rating 

Exceeding 37.3 Kw, Numerically Controlled, 

New 

number 

 

22,660.00 160,521.48 85.9% 

8458190050 Horizontal Lathes, Metal Removing, Except 

Numerically Controlled, Automatic Bar 

And/Or Chucking Machines, Single Spindle, 

Valued $3,025 And Over 

number 

 

7,429.00 58,839.60 87.4% 

8458190090 Horizontal Lathes, Metal Removing, Except 

Numerically Controlled, Valued $3,025 And 

Over, New, Nesoi 

number 

 

5,362.59 46,558.66 88.5% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

19

8458915070 Lathes For Removing Metal, Numerically 

Controlled, Except Multiple Spindle, New, 

Nesoi 

number 

 

48,552.00 165,933.33 70.7% 

8458991050 Vertical Turret Lathes, Metal Removing, 

Except Numerically Controlled, New 

number 

2,739.71 42,934.41 93.6% 

8458995030 Lathes For Removing Metal, Except 

Numerically Controlled, Used Or Rebuilt, 

Nesoi 

number 

 

2,312.50 12,077.28 80.9% 

8458995060 Lathes For Removing Metal, Except 

Numerically Controlled, Valued Under $3,025 

Each, New, Nesoi 

number 

 

286.51 1,921.36 85.1% 

8458995090 Lathes For Removing Metal, Except 

Numerically Controlled, Valued Over$3,025 

And Over Each, New, Nesoi 

number 

 

8,169.71 62,306.01 86.9% 

8459210080 Drilling Machines, Metal Removing, 

Numerically Controlled, New 

number 

10,550.00 54,450.43 80.6% 

8459290010 Drilling Machines, Metal Removing, Except 

Numerically Controlled, Used Or Rebuilt 

number 

2,834.88 21,806.15 87.0% 

8459290020 Drilling Machines, Metal Removing, Except 

Numerically Controlled, Valued Under $3,025 

Each, New 

number 

 

59.50 243.80 75.6% 

8459310070 Combination Boring-Milling Machines, Except 

Horizontal Spindle, Numerically Controlled, 

New, Metal Removing 

number 

 

17,280.00 137,873.49 87.5% 

8459390020 Combination Boring-Milling Machines, Metal 

Removing, Except Numerically Controlled, 

Valued Under $3,025 Each, New 

number 

 

250.07 1,184.18 78.9% 

8459400020 Boring Machines, Metal Removing, Valued 

Under $3,025 Each, New 

number 

112.55 758.76 85.2% 

8459610080 Milling Machines, Except Knee Type, Metal 

Removing, Numerically Controlled, New 

number 

1,789.74 58,314.42 96.9% 

8459690090 Milling Machines, Metal Removing, Except 

Numerically Controlled, Valued $3,025 And 

Over New, Nesoi 

number 

 

5,075.03 13,208.68 61.6% 

8459708060 Threading Or Tapping Machines, Metal 

Removing, Except Numerically Controlled, 

Valued Under $3,025 Each, New 

number 

 

231.18 836.79 72.4% 

8459708080 Threading Or Tapping Machines, Metal 

Removing, Except Numerically Controlled, 

Valued $3,025 And Over Each, New, Nesoi 

number 

 

4,500.00 48,526.96 90.7% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

20

8460190010 Flat-Surface Grinding Machines, 

Reciprocating-Table Type, Metal Removing, 

Accuracy Of At Least 0.01 Mm, Except 

Numerically Controlled, New 

number 

 

2,716.00 10,775.29 74.8% 

8460190050 Flat-Surface Grinding Machines, Metal 

Removing, Accuracy Of At Least 0.01 Mm, 

Except Numerically Controlled, Nesoi 

number 

 

3,828.13 21,529.89 82.2% 

8460210080 Grinding Machines Except Flat Surface, 

Metal Removing, Accuracy At Least 0.01 Mm, 

Numerically Controlled, New 

number 

 

16,970.33 178,649.89 90.5% 

8460290010 Grinding Machines, External Cylindrical, 

Including Universal, Metal Removing, 

Accuracy At Least 0.01 Mm, Except 

Numerically Controlled, New 

number 

 

11,924.22 35,998.17 66.9% 

8460290050 Grinding Machines, Metal Removing, 

Accuracy At Least 0.01 Mm, Nesoi 

number 

7,830.42 28,932.63 72.9% 

8460390020 Sharpening (Tool Or Cutter Grinding) 

Machines, Metal Removing, Except 

Numerically Controlled, Valued Under $3,025 

Each, New 

number 

 

21.80 143.57 84.8% 

8460408080 Honing Or Lapping Machines, Except 

Numerically Controlled, Valued $3,025 And 

Over, New 

number 

 

5,145.00 65,212.14 92.1% 

8460904060 Machine Tools For Finishing Metal By 

Removing Metal Using Grinding Stones, 

Abrasives Or Polishing Products, Nesoi, N/C, 

Valued $3,025 & Over Each, New 

number 

 

37,121.67 89,129.10 58.4% 

8460908020 Machine Tools For Finishing Metal By 

Removing Metal Using Grinding Stones, 

Abrasives Or Polishing Products, Nesoi, 

Valued Under $3,025 Each, New 

number 

 

24.56 84.90 71.1% 

8461204000 Shaping Or Slotting Machines, Metal 

Removing, Numerically Controlled 

number 

12,097.00 79,179.89 84.7% 

8461208070 Shaping Or Slotting Machines, Metal 

Removing, Except Numerically Controlled, 

Valued Under $3,025 Each, New 

number 

 

230.54 1,212.72 81.0% 

8461401060 Gear Cutting Machines, Metal Removing, 

Except Gear Hobbers Or Shapers And Bevel 

Gears, New 

number 

 

3,707.00 16,475.20 77.5% 

8461504050 Sawing Or Cutting-Off Machines, Metal 

Removing, Numerically Controlled, New 

number 

7,112.33 23,682.32 70.0% 

8461508020 Sawing Or Cutting-Off Machines, Metal 

Removing, Valued Under $3,025 Each, New 

number 

67.69 146.31 53.7% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

21

8461508090 Sawing Or Cutting-Off Machines, Metal 

Removing, Except Numerically Controlled, 

Valued $3,025 Over, New 

number 

 

4,787.50 14,424.27 66.8% 

8462100010 Forging Or Die-Stamping Machines (Including 

Presses) And Hammers, Metal Forming, 

Used Or Rebuilt 

number 

 

3,000.00 12,736.97 76.4% 

8462100055 Forging Or Die-Stamping Machines (Including 

Presses) And Hammers, Except Headers, 

Upsetters Or Transfer Presses, Metal 

Forming, New 

number 

 

4,588.87 60,541.77 92.4% 

8462214085 Bending Tools Etc,Num Con,Othr number 

19,000.00 43,112.18 55.9% 

8462218085 Fltening Mach Tl,Num Con,Othr number 

17,470.89 61,649.88 71.7% 

8462294085 Bending Tools Etc,Not Num,Othr number 

36.57 10,283.09 99.6% 

8462298015 Bending,Etc,Mach Tool Oth,Used number 

244.83 9,984.78 97.5% 

8462298025 Bending Etc Mch Tool,Ot,U/3025 number 

48.28 848.67 94.3% 

8462298035 Press Brakes, Machine Tools Ot number 

11,675.75 40,523.64 71.2% 

8462298055 Bending, Etc, Mach Tools, Nspf number 

15,939.43 41,610.69 61.7% 

8462310080 Shearing Machines (Inc Presses), Other 

Than Combined Punching & Shearing 

Machines, Metal Forming, Numerically 

Controlled, New 

number 

 

12,190.55 50,190.42 75.7% 

8462390020 Shearing Machines (Inc Presses), Other 

Than Combined Punching & Shearing 

Machines, Metal Forming, Except N/C, 

Valued Under $3,025 Each, New 

number 

 

207.23 631.86 67.2% 

8462410080 Punching Or Notching Machines (Inc 

Presses), Including Combined Punching And 

Shearing Machines, Metal Removing, 

Numerically Controlled, New 

number 

 

11,500.00 109,383.35 89.5% 

8462490020 Punching Or Notching Machines (Inc 

Presses), Including Combined Punching And 

Shearing Machines, Metal Forming, Except 

N/C, Valued Under $3,025, New 

number 

 

39.32 547.93 92.8% 

8462490050 Punching Or Notching Machines (Inc 

Presses), Including Combined Punching And 

Shearing Machines, Metal Forming, Except 

N/C, Valued $3,025 And Over, New 

number 

 

5,221.33 26,714.43 80.5% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

22

8462918090 Hydraulic Presses, Metal Forming, Except 

Numerically Controlled, New 

number 

87.36 23,687.43 99.6% 

8462994010 Machine Tools (Including Presses) Working 

By Forming Metal, Nesoi, Not Hydraulic 

Presses, Numerically Controlled, Used Or 

Rebuilt 

number 

 

5,200.00 30,527.19 83.0% 

8462998045 Mechanical Presses Other Than Mechanical 

Transfer Presses,New,Not Numerically 

Controlled Valued $3,025 And Over 

number 

 

23,711.00 146,663.68 83.8% 

8462998060 Metal Working Presses, Nesoi, Valued 

$3,025 And Over 

number 

7,902.38 28,791.18 72.6% 

8463300040 Machines For Working Wire, Metal Forming, 

Used Or Rebuilt 

number 

2,375.00 24,303.39 90.2% 

8463300080 Machines For Working Wire, Metal Forming, 

Valued $3,025 And Over, New 

number 

21,931.86 53,341.53 58.9% 

8463900080 Machine Tools For Working Metal Without 

Removing Material, Nesoi, Valued $3,025 

And Over Each, New 

number 

 

10,580.00 39,980.67 73.5% 

8464100040 Sawing Machines Designed To Saw (Slice) 

Blank Semiconductor Wafers From Crystal 

Boules Of Semiconductor Grade Materials 

number 

 

14,550.00 237,674.15 93.9% 

8464100080 Sawing Machines For Working Stone, 

Ceramics, Concrete, Asbestos Or Like 

Materials Or For Cold Working Glass 

number 

 

51.65 474.11 89.1% 

8464201000 Grinding Or Polishing Machines, Designed 

For Use In The Manufacture Of Electric 

Devices On Semiconductor Wafers 

number 

 

635.71 41,154.55 98.5% 

8464205010 Glass-Working Grinding Or Polishing 

Machines 

number 

127.17 12,603.10 99.0% 

8464205090 Grinding Or Polishing Machines For Working 

Stone, Ceramics, Concrete, AsbestosCement Or Like Mineral Materials 

number 

 

36.62 1,215.14 97.0% 

8464901040 Machine Tools Designed To Scribe Or Score 

Semiconductor Wafers Into Finished Chips 

Or Die 

number 

 

96.00 578.02 83.4% 

8464909010 Grind/Pol Mach,Glass,Oth,N/Scb number 

6,045.87 20,453.35 70.4% 

8464909090 Grind/Polishing Mach,Oth,N/Scb number 

12.15 322.99 96.2% 

8465100045 Woodworking Machines, New, Except 

Tenoners, Which Carry Out Different Types 

Of Machining Operations Without Tool 

Change Between Operations 

number 

 

525.39 22,352.69 97.6% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

23

8465100050 Mach Tools For Working Cork, Bone, Hard 

Rubber, Hard Plastics Or Similar Hard 

Materials Which Use Different Machining 

Operations W/Out Tool Change 

number 

 

1,190.00 7,088.15 83.2% 

8465910012 Band Saws, Used Or Rebuilt, Woodworking 

Machines 

number 

176.62 1,246.24 85.8% 

8465910022 Sawing Machines, Used Or Rebuilt, 

Woodworking, Nesoi 

number 

51.78 849.17 93.9% 

8465910027 Sawmill Machines number 

1,000.00 13,174.01 92.4% 

8465910032 Radial Arm Saws, Woodworking, Valued 

Under $3,025 Each 

number 

203.75 449.24 54.6% 

8465910041 Rip Saws, Woodworking Machines number 

61.80 2,873.23 97.8% 

8465910058 Panel Saws, New, Woodworking Valued 

$3,000. Each Aad Over 

number 

13,334.56 30,438.09 56.2% 

8465910064 Band Saws, New, Woodworking, Valued 

Under $1,000 Each 

number 

84.57 231.81 63.5% 

8465910074 Cross-Cut And Optimizing Saws, New, 

Woodworking 

number 

50.97 7,270.93 99.3% 

8465910078 Sawing Machines, Woodworking, Nesoi number 

72.91 343.19 78.8% 

8465910090 Sawing Machines For Cork, Bone, Hard 

Rubber, Hard Plastics Or Similar Hard 

Materials 

number 

 

98.26 2,076.99 95.3% 

8465920026 Planing, Milling Or Molding (By Cutting) 

Machines, Woodworking, Valued Under 

$3,025 Each 

number 

 

19.49 217.04 91.0% 

8465920037 Planers, New, Woodworking Machines, 

Valued $1,000 Each And Over 

number 

1,225.72 3,518.11 65.2% 

8465920051 Routers, New, Woodworking, Valued Under 

$3,000 Each 

number 

64.99 184.03 64.7% 

8465920062 Shapers And Profilers, New, Woodworking 

Machines, Valued Under $1,000 Each 

number 

63.83 308.28 79.3% 

8465920066 Shapers And Profilerss, New, Woodworking 

Machines, Valued $1,000 Each And Over 

number 

1,255.71 4,912.85 74.4% 

8465920072 Planing, Milling Or Molding (By Cutting) 

Machines, Woodworking, Nesoi 

number 

315.91 2,260.70 86.0% 

8465920090 Planing, Milling Or Molding (By Cutting) 

Machines, For Cork,Bone, Hard Rubber, 

Hard Plastics Or Similar Hard Materials 

number 

 

515.79 5,031.65 89.7% 

8465930004 Belt Sanders, Used Or Rebuilt, Woodworking, 

For A Belt Width 60 Cm Or Wider 

number 

33.18 4,299.67 99.2% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

24

8465930012 Grinding Sanding Or Polishing Machines, 

Except Wide Belt Sanders, Woodworking, 

Used Or Rebuilt 

number 

 

25.82 1,469.02 98.2% 

8465930075 Grinding, Sanding Or Polishing Machines, 

Woodworking, New, Nesoi 

number 

53.20 300.26 82.3% 

8465930090 Grinding, Sanding Or Polishing Machines For 

Cork, Bone, Hard Rubber, Hard Plastics Or 

Similar Hard Aterials 

number 

 

35.50 942.29 96.2% 

8465940055 Presses (Except Cold), Woodworking, New number 

12,540.00 75,195.23 83.3% 

8465950010 Drilling Or Mortising Machines (Except 

Numerically Controlled Boring Machines) 

Woodworking, Used Or Rebuilt 

number 

 

15.95 1,061.39 98.5% 

8465950035 Boring Machines (Except Numerically 

Controlled) W0Odworking, New, Valued 

Under $3,000 Each 

number 

 

19.01 704.21 97.3% 

8465950065 Drilling Or Mortising Machines, Woodworking, 

New Nesoi 

number 

67.14 929.38 92.8% 

8465950090 Drilling Or Mortising Machines For Cork, 

Bone, Hard Rubber, Hard Plastics Or Similar 

Hard Materials 

number 

 

63.53 2,920.52 97.8% 

8465960015 Log Splitters, Woodworking number 

180.77 414.49 56.4% 

8465960025 Chippers, Woodworking number 

602.61 5,387.61 88.8% 

8465960050 Splitting, Slicing Or Paring Machines For 

Cork, Bone, Hard Rubber, Hard Plastics Or 

Similar Hard Materials 

number 

 

196.73 9,298.27 97.9% 

8465998020 Woodwk Mchs,Lathes,U/$1000,Oth number 

77.32 268.73 71.2% 

8465998070 Woodworking Mach Tools, Other number 

60.65 1,188.68 94.9% 

8465998095 Mch Tl F/Wdworking,Other,Nspf number 

4.57 50.03 90.9% 

8466104000 Tool Holder,Add Us Nte 3,Ch 84 number 

49.45 168.33 70.6% 

8466931530 Cast-Iron Parts Not Advanced & Machined 

Only For The Removal Of Fins, Gates, Etc, 

For Metalworking Machine Tools For Cut, 

Grind Or Finishing Gears 

kilograms

 

3.91 12.38 68.4% 

8466936030 Cast-Iron Parts Not Advanced & Machined 

Only For The Removal Of Fins, Gates,Etc,For 

Metlworking Machtools For Cut, Grind Or 

Finishing Gears, Nesoi 

kilograms

 

1.48 23.68 93.7% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

25

8466936060 Cast-Iron Parts Not Advanced & Machined 

Only For Removal Of Fins, Gates,Etc, For 

Machines Of Heading 8456 To 

8461,Nesoi,Exc Cut,Grind, Or Finishing 

kilograms

 

1.33 3.08 56.8% 

8466938500 Oth Mch Pts,8456/1060,91,99/70 number 

151.51 1,359.82 88.9% 

8466947500 Mch Pts,N/Irn,Oth84622140/2940 number 

43.38 293.35 85.2% 

8467111040 Grinders, Polishers And Sanders, Suitable 

For Metal Working, Rotary Type (Inc 

Combined Rotary-Percussion) Pneumatic 

Tools For Working In The Hand 

number 

 

10.28 21.59 52.4% 

8467111080 Rotary Type Pneumatic Hand-Directed Tools 

For Metalworking, Nesoi 

number 

5.87 34.05 82.8% 

8467115010 Rock Drills, Rotary Type, Pneumatic HandDirected, Nesoi number 

24.45 234.66 89.6% 

8467115020 Drills, Except Rock, Screwdrivers And Nut 

Runners, Rotary Type, Pneumatic HandDirected, Nesoi 

number 

 

11.65 60.40 80.7% 

8467115040 Wrenches, Rotary Type, Pneumatic HandDirected Tools, Nesoi number 

15.83 44.33 64.3% 

8467115090 Rotary Type Pneumatic Hand-Directed Tools, 

Nesoi 

number 

14.50 42.30 65.7% 

8467195030 Pneumatic, Hand-Held Force Feed 

Lubricating Equipment 

number 

6.26 47.96 86.9% 

8467195060 Pneumatic Tools Designed For Use In 

Construction Or Mining, Hand-Directed 

number 

36.47 74.58 51.1% 

8467195090 Pneumatic Tools, Hand-Directed, Nesoi number 

16.99 39.59 57.1% 

8467210070 Electric Hand Drills Other Than Rotary, 

Including Hammer Drills 

number 

29.43 99.35 70.4% 

8467220040 Electric Hand Saws, Chain Type number 

40.04 139.87 71.4% 

8467290010 Electric Hand Angle Grinders, Sanders & 

Polishers 

number 

14.83 49.85 70.3% 

8467290025 Electric Hand Belt Sanders number 

28.53 79.52 64.1% 

8467290035 Electric Hand Grinders, Polishers, Sanders, 

Nesoi 

number 

20.03 59.15 66.1% 

8467290040 Electric Hand Screwdrivers, Nut-Runners, 

Impact Wrenches 

number 

12.54 62.63 80.0% 

8467290055 Electric Hand Routers number 

38.34 86.34 55.6% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

26

8467290080 Electropneumatic Hand Rotary & Percussion 

Hammers 

number 

41.27 187.47 78.0% 

8467290085 Electric Hand Scissors number 

1.48 5.62 73.6% 

8467810000 Chain Saws, Self-Contained Nonelectric 

Motor, Hand-Directed 

number 

53.74 190.39 71.8% 

8467891000 Hand Tools With Self-Contained Nonelectric 

Motors, Suitable For Metalworking, Nesoi 

number 

21.66 228.21 90.5% 

8467895060 Hand-Directed Tools Designed For Use In 

Agricultural Or Horticultural, Nesoi 

number 

3.77 174.27 97.8% 

8467895090 Hand-Directed Or Controlled Tools, With Self 

Contained Nonelectric Motor, Nesoi 

number 

4.47 84.61 94.7% 

8468100000 Hand-Held Blow Torches number 

5.96 21.18 71.9% 

8468201000 Gas-Operated Machinery And Apparatus For 

Soldering, Brazing, Welding Or Surface 

Tempering, Hand-Directed Or Controlled 

number 

 

21.13 43.84 51.8% 

8468205000 Gas-Operated Machinery And Apparatus For 

Soldering, Brazing, Welding Or Surface 

Tempering, Except Hand-Directed Or 

Controlled 

number 

 

20.39 109.48 81.4% 

8468805000 Machinery & Apparatus For Soldering, 

Brazing, Welding Or Surface Tempering, Exc 

Gas Operated And Other Than Those Of 

Heading 8515, Not Hand-Directed 

number 

 

43.74 1,080.85 96.0% 

8469110000 Word Processing Machines number 

42.91 246.22 82.6% 

8469200020 Electric Typewriters, Nesoi, Weighing Not 

More Than 12 Kg, Excluding Case 

number 

47.31 151.03 68.7% 

8469200040 Electric Typewriters, Nesoi, Weighing More 

Than 12 Kg 

number 

22.88 215.74 89.4% 

8469300020 Nonelectric Typewriters, Weighing Not More 

Than 12 Kg, Excluding Case 

number 

30.11 308.71 90.2% 

8469300040 Nonelectric Typewriters, Nesoi, Weighing 

More Than 12 Kg 

number 

20.77 126.08 83.5% 

8470100060 Electronic Calculators Capable Of Operation 

Without An External Source Of Power, 

Except Display Only Type 

number 

 

4.76 25.06 81.0% 

8470290000 Electronic Calculating Machines, Nesoi, Not 

Incorporating A Printing Device 

number 

4.54 12.23 62.9% 

8470900090 Ticket-Issuing And Similar Machines, Nesoi, 

Incorporating A Calculating Device 

number 

46.85 1,249.22 96.2% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

27

8471410065 Digital Adp Mach Containing In Same 

Housing At Least A Cpu And An Input And 

Output Unit, Whether Or Not Combined, With 

Crt Other Than Color 

number 

 

379.29 2,081.07 81.8% 

8471410095 Digital Adp Mach Containing In Same 

Housing At Least A Cpu And An Input And 

Output Unit, Whether Or Not Combined, 

Without Crt 

number 

 

358.47 895.77 60.0% 

8471491035 Digital Processing Unit Which May Contain In 

Same Housing 1 Or 2 Of The Following Units: 

Storage, Input Or Output, With Color Crt, 

Entered With System 

number 

 

513.01 4,980.78 89.7% 

8471491065 Digital Processing Unit Which May Contain In 

Same Housing 1 Or 2 Of The Following Units: 

Storage, Input Or Output, With Crt Other 

Than Color, W/System 

number 

 

380.63 1,314.56 71.0% 

8471491095 Digital Processing Unit Which May Contain In 

Same Housing 1 Or 2 Of The Following Units: 

Storage, Input Or Output, Without Crt, 

Entered W/ The System 

number 

 

442.52 970.54 54.4% 

8471492100 Keyboard Units Entered With The Rest Of 

The System 

number 

5.01 23.13 78.3% 

8471492900 Display Units, Nesoi, Not Incorporating A Crt, 

Entered With The Rest Of The System 

number 

191.98 440.58 56.4% 

8471493200 Printers, Nesoi, Laser, Capable Of Producing 

< 20 Pages Per Minute, Entered In Form Of 

Systems 

number 

 

346.03 2,002.36 82.7% 

8471493400 Printers, Nesoi, Ink Jet, Entered In Form Of 

Systems 

number 

189.96 1,575.62 87.9% 

8471493500 Printers, Nesoi, Thermal Transfer, Entered In 

Form Of Systems 

number 

26.78 251.72 89.4% 

8471493760 Printers, Nesoi, Dot Matrix, Entered In Form 

Of Systems 

number 

106.69 458.96 76.8% 

8471494200 Optical Scanners And Magnetic Ink 

Recognition Devices, Entered In The Form Of 

Systems 

number 

 

24.24 120.66 79.9% 

8471494875 Adp Output Devices, Nesoi, Entered In The 

For Of Systems 

number 

54.80 288.31 81.0% 

8471494895 Adp Input Units, Nesoi, Entered In The Form 

Of Systems 

number 

7.05 42.06 83.2% 

8471495010 Magnetic Disk Drive Units With A Disk 

Diameter >=21 Cm, Entered With The Rest 

Of A System 

number 

 

12.80 1,298.11 99.0% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

28

8471496000 Control Or Adapter Units For Automatic Data 

Processing Machines, Entered With The Rest 

Of A System 

number 

 

25.96 52.78 50.8% 

8471497000 Power Supplies For Automatic Data 

Processing Machines Or Units Thereof, 

Nesoi, Entered With The Rest Of A System 

number 

 

11.59 53.70 78.4% 

8471498500 Units, Nesoi, Suitable For Physical 

Incorporation Into Automatic Data Processing 

Machines Or Units Thereof, Entered In The 

Form Of Systems 

number 

 

19.43 71.35 72.8% 

8471499500 Units, Nesoi, For Automatic Data Processing 

Machines Or Units Thereof, Entered In The 

Form Of Systems 

number 

 

7.76 101.06 92.3% 

8471500035 Dgtprcss Unt Clr Crt,847141/49 number 

210.80 3,469.84 93.9% 

8471500065 Dgtprcss Unt Oth Crt,847141/49 number 

99.67 583.70 82.9% 

8471500085 Dgtprcss Unt No Crt,847141/49 number 

389.12 780.86 50.2% 

8471601095 Combination Input/Output Units Without A 

Crt,Whether Or Not Containing Storage Units 

In The Same Housing 

number 

 

128.93 614.47 79.0% 

8471602000 Keyboard Units number 

6.05 20.19 70.0% 

8471604540 Display Units, With Cathode-Ray Tube, Other 

Than Color 

number 

146.91 340.76 56.9% 

8471605100 Laser Printer Units Incorporating At Least 

The Media Transport, Control And Print 

Mechanisms, Producing More Than 20 Pages 

Per Minute 

number 

 

342.06 1,600.78 78.6% 

8471605300 Printer Units, Light Bar Electronic Type, With 

Control And Print Mechanisms 

number 

270.95 923.34 70.7% 

8471605500 Printer Units, Thermal Transfer, With Control 

And Print Mechanisms 

number 

108.58 283.91 61.8% 

8471605790 Printer Units, Nesoi, Incorporating At Least 

The Media Transport, Control And Print 

Mechanisms 

number 

 

88.16 572.93 84.6% 

8471606100 Printers, Nesoi, Laser Capable Of Producing 

More Than 20 Pages Per Minute 

number 

640.16 1,467.76 56.4% 

8471606200 Printers, Nesoi, Capable Of Producing < 20 

Pages Per Minute 

number 

188.54 553.04 65.9% 

8471606500 Printers, Nesoi, Thermal Transfer number 

114.76 404.25 71.6% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

29

8471608000 Optical Scanners And Magnetic Ink 

Recognition Devices 

number 

62.51 147.42 57.6% 

8471609030 Card Key And Magnetic Media Entry Devices number 

3.71 30.17 87.7% 

8471609070 Adp Output Devices, Nesoi number 

23.29 263.98 91.2% 

8471609090 Adp Input Units, Nesoi number 

4.98 26.19 81.0% 

8471703000 Magnetic Disk Drive Units, Nesoi, With A Disk 

Diameter >=21 Cm 

number 

40.27 304.20 86.8% 

8471705065 Hard Magnetic Disk Drive Units, Nesoi number 

80.52 569.94 85.9% 

8471705095 Disk Drive Units, Nesoi number 

62.23 326.76 81.0% 

8471706000 Other Storage Units, Nesoi, Not Assembled 

In Cabinets For Placing On A Table, Desk, 

Wall Floor Or Similar Place 

number 

 

31.02 65.71 52.8% 

8471709000 Other Storage Units, Nesoi number 

44.33 249.59 82.2% 

8471801000 Control Or Adapter Units For Automatic Data 

Processing Machines 

number 

28.57 85.90 66.7% 

8471804000 Units, Nesoi, Suitable For Physical 

Incorporation Into Automatic Data Processing 

Machines Or Units Thereof 

number 

 

5.23 83.65 93.8% 

8471809000 Other Units For Automatic Data Processing 

Machines, Nesoi 

number 

87.29 175.11 50.1% 

8471900000 Machines And Units Thereof For Processing 

Data, Nesoi 

number 

15.05 79.79 81.1% 

8472300000 Machines For Sorting Or Folding Mail, For 

Inserting Mail In Envelopes, Postage Affixing 

Or Canceling Machines, Machines For 

Opening Or Sealing Mail 

number 

 

10.04 23.56 57.4% 

8472901000 Automated Teller Machines number 

90.17 3,776.43 97.6% 

8472909040 Desktop Note Counters And Note Scanners number 

130.94 466.18 71.9% 

8472909060 Other Currency And Coin Handling Machines number 

57.41 1,314.64 95.6% 

8474100010 Sorting, Screening, Separating Or Washing 

Machines For Earth, Stone, Ores, Or Other 

Mineral Substances In Solid Form, Portable 

number 

 

2,361.78 12,471.02 81.1% 

8474100090 Sorting, Screening, Separating Or Washing 

Machines For Earth, Stone, Ores, Or Other 

Mineral Substances In Solid Form, Stationary 

number 

 

4,948.70 10,591.14 53.3% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

30

8474200010 Crushing Or Grinding Machines For Earth, 

Stone, Ores, Or Other Mineral Substances In 

Solid Form, Portable 

number 

 

194.19 20,184.67 99.0% 

8474200050 Crushing Machines For Earth, Stone, Ores, 

Or Other Mineral Substances In Solid Form, 

Stationary 

number 

 

24,137.35 49,945.42 51.7% 

8474310000 Concrete Or Mortar Mixers number 

121.44 812.36 85.1% 

8475100000 Machines For Assembling Electric Or 

Electronic Lamps, Tubes Or Flashbulbs, In 

Glass Envelopes 

number 

 

12,243.00 83,568.66 85.3% 

8475210000 Machines For Making Optical Fibers And 

Preforms Thereof 

number 

2,121.80 21,398.79 90.1% 

8475290000 Machines For Manufacturing Or Hot Working 

Glass Or Glassware, Nesoi 

number 

10,188.33 22,823.56 55.4% 

8476210000 Automatic Vending Machines Incorporating 

Heating Or Refrigerating Devices 

number 

229.86 971.98 76.4% 

8476290000 Automatic Vending Machines Not 

Incorporating Heating Or Refrigerating 

Devices 

number 

 

41.78 222.24 81.2% 

8476810000 Other Vending Machines, Not Automatic, 

Incorporating Heating Or Refrigerating 

Devices 

number 

 

75.19 1,608.45 95.3% 

8476890000 Other Vending Machines Not Incorporating 

Heating Or Refrigerating Devices, Nesoi 

number 

25.59 156.52 83.6% 

8477109015 Inj-Mld Mach F/Rub,Oth Ther.Ma number 

38,586.03 89,155.06 56.7% 

8477109030 Other Injection Molding Machines Of A Type 

Used For Processing Thermoplastics With A 

Clamp Force Less Than 50 Tons 

number 

 

4,668.89 69,910.87 93.3% 

8477109040 Other Injection Molding Machines Of A Type 

Used For Processing Thermoplastics With A 

Clamp Force Equal To Or Greater Than 50 

Tons & Less Than 300 Tons 

number 

 

22,044.05 88,935.59 75.2% 

8477109050 Other Injection Molding Machines Of A Type 

Used For Processing Thermoplastics With A 

Clamp Force Equal To Or Greater Than 300 

Tons & Less Than 750Tons 

number 

 

71,035.00 203,112.78 65.0% 

8477109060 Other Injection Molding Machines Of A Type 

Used For Processing Thermoplastics With A 

Clamp Force Equal To Or Greater Than 750 

Tons 

number 

 

66,225.50 181,143.75 63.4% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

31

8477200015 Extruders, Other Then Single Screw, Of A 

Type Used For Processing Rubber Or Other 

Thermosetting Materials 

number 

 

9,880.00 129,783.08 92.4% 

8477200045 Extruders,Single Screw,With A Screw Size 

6.4Cm Or Greater, Of A Type Used For 

Processing Thermoplastics 

number 

 

72,996.00 279,019.89 73.8% 

8477200065 Extruders, Except Single Screw,With A Screw 

Size 6.4Cm Or Greater, Of A Type Used For 

Processing Thermoplastics 

number 

 

37,550.00 190,256.06 80.3% 

8477300000 Blow-Molding Machines number 

33,114.43 283,796.92 88.3% 

8477408000 Vacuum-Molding,Thermoform Mach number 

9,282.00 24,758.64 62.5% 

8477800000 Machinery, Nesoi, For Working Rubber Or 

Plastics Or For The Manu Facture Of 

Products Form These Materials 

number 

 

950.77 11,217.02 91.5% 

8478100010 Industrial Cigarette-Making Machines number 

16,574.63 324,820.85 94.9% 

8478100090 Machinery For Preparing Or Making Up 

Tobacco, Not Specified Or Included 

Elsewhere In Chapter 84 

number 

 

2.21 27.45 92.0% 

8479100040 Pavers, Finishers And Spreaders For 

Concrete,For Public Works, Building Or 

Similar Use 

number 

 

191.71 831.37 76.9% 

8479100080 Machinery For Public Works, Building Or The 

Like, Except Concrete And Bituminous 

Pavers, Finishers And Spreaders 

number 

 

278.94 6,209.58 95.5% 

8479810000 Machines And Mechanical Appliances For 

Treating Metal, Including Electric Wire CoilWinders 

number 

 

50.20 2,025.99 97.5% 

8479820040 Mixing, Kneading Or Stirring Machines, Nesoi number 

2.68 123.25 97.8% 

8479820080 Crushing, Grinding, Screening, Sifting, 

Homogenizing Or Emulsifying Machines, 

Nesoi 

number 

 

24.64 929.33 97.3% 

8479891000 Air Humidifiers Or Dehumidifiers, Not 

Incorporating A Refrigerating Unit 

number 

71.52 147.94 51.7% 

8479892000 Industrial Floor Polishers number 

252.97 922.36 72.6% 

8479893040 Industrial Vacuum Cleaners number 

60.36 207.04 70.8% 

8479893080 Vacuum Cleaners And Floor Polishers, 

Except Industrial Type, Nesoi 

number 

11.81 85.41 86.2% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

32

8479898490 Machines Nesoi For Production And 

Assembly (Except Testing) Of Diodes, 

Transistors And Similar Semiconductor 

Devices Andelectronic Integrated Circuits 

number 

 

13,188.86 123,021.20 89.3% 

8479899850 Oil And Gas Field Wire Line And Downhole 

Equipment 

number 

328.37 1,682.29 80.5% 

8479899860 Automotive Maintenance Machines, Nesoi number 

48.46 969.99 95.0% 

8479899885 Ultrasonic Cleaning Devices number 

15.16 373.92 95.9% 

8479899895 Industrial Vibrators number 

28.29 414.72 93.2% 

8479899897 Other Machines And Mechanical Appliances 

Having Individual Functions, Not Specified Or 

Included Elsewhere In Chapter 84 

number 

 

2.58 32.36 92.0% 

8480410000 Molds For Metal Or Metal Carbides, Injection 

Or Compression Type 

number 

93.55 266.45 64.9% 

8480490000 Molds For Metal Or Metal Carbides, Other 

Than Injection Or Compression Type 

number 

13.49 57.30 76.5% 

8480500090 Molds For Glass, Other Than Injection Or 

Compression Type 

number 

8.87 132.97 93.3% 

8480714000 Injct/Cmprs Mld,F/Smcndctr Dvc number 

23.13 145.08 84.1% 

8480718045 Injection Type Molds, Other number 

211.26 1,846.56 88.6% 

8480799020 Bladder Operated Molds For Rubber Or 

Plastics 

number 

1.02 123.91 99.2% 

8481100020 Pressure-Reducing Valves, Hydraulic Fluid 

Power Type 

number 

0.44 2.86 84.7% 

8481100060 Pressure-Reducing Valves, Pneumatic Power 

Type, Nesoi. 

number 

0.81 4.28 81.1% 

8481200010 Hydraulic Valves, Directional Control, Manual 

Type 

number 

3.39 30.33 88.8% 

8481200030 Hydraulic Valves, Directional Control, Nesoi number 

4.86 81.17 94.0% 

8481200050 Hydraulic Valves Nesoi number 

3.55 19.25 81.6% 

8481200080 Pneumatic Valves, Nesoi number 

2.51 13.67 81.7% 

8481301090 Check Valves Of Copper Having A Pressure 

Rating Of 850 Kpa Or Over 

number 

2.42 6.01 59.7% 

8481302010 Check Valves Of Iron number 

2.69 14.80 81.8% 

8481302090 Check Valves Of Steel number 

1.24 7.84 84.1% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

33

8481400000 Safety Or Relief Valves number 

1.40 3.22 56.4% 

8481801050 Other Hand Operated Taps, Cocks, Valves 

And Similar Appliances Of Copper, Having A 

Pressure Rating Under 850 Kpa 

number 

 

0.53 1.14 53.8% 

8481801060 Gate Type Taps, Cocks And Valves Of 

Copper, Hand Operated, Having A Pressure 

Rating Of 850 Kpa Or Over 

number 

 

1.84 4.08 55.0% 

8481801095 Taps, Cocks And Valves, Nesoi, Of Copper, 

Hand Operated, Having A Pressure Rating 

Of 850 Kpa Or Over 

number 

 

1.10 2.52 56.2% 

8481803010 Gate Type Taps, Cocks And Valves Of Iron, 

Hand Operated 

number 

50.57 169.79 70.2% 

8481803025 Ball Type Taps, Cocks And Valves Of Iron, 

Hand Operated 

number 

12.11 26.69 54.6% 

8481803030 Butterfly Type Taps, Cocks And Valves Of 

Iron, Hand Operated 

number 

35.05 70.11 50.0% 

8481803065 Plug Type Taps, Cocks And Valves Of Steel, 

Hand Operated 

number 

0.72 9.88 92.7% 

8481803075 Butterfly Type Taps, Cocks And Valves Of 

Steel, Hand Operated 

number 

21.17 161.72 86.9% 

8481809005 Solenoid Valves number 

2.96 9.70 69.5% 

8481809015 Regulator Valves, Self-Operating, For 

Controlling Varaibles Such As Temperature, 

Pressure, Flow And Liquid Level 

number 

 

2.47 7.73 68.0% 

8481809025 Electrical Or Electro-Hydraulic Actuators, 

Nesoi 

number 

12.52 28.88 56.7% 

8481809035 Other Pneumatic Actuators, Nesoi, With 

Control Valves Designed For Proportional 

Operation By A Signal From A Control Device 

number 

 

3.59 56.71 93.7% 

8481809040 Taps, Cocks, Valves, Etc., With Pneumatic 

Actuators, Nesoi 

number 

0.70 10.54 93.4% 

8481809045 Thermostatic Actuators, Nesoi number 

3.06 8.56 64.2% 

8481809050 Other Taps, Cocks, Valves, Etc., Nesoi number 

1.13 7.19 84.3% 

8481909020 Valve Bodies Of Valves For Oleohydraulic Or 

Pneumatic Transmissions 

kilograms 

3.94 11.03 64.3% 

8481909040 Parts, Except Valve Bodies, Of Valves For 

Oleohydraulic Or Pneumatic Transmissions 

kilograms 

8.11 17.15 52.7% 

8481909060 Valve Bodies, Nesoi kilograms 

2.69 6.06 55.7% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

34

8481909080 Parts, Nesoi, Of Taps, Cocks, Valves And 

Similar Appliances, Nesoi 

kilograms 

3.57 13.08 72.7% 

8482101040 Ball Bearings With Integral Shafts Having An 

Outside Diameter Not Over 30 Mm 

number 

0.48 1.77 73.0% 

8482101080 Ball Bearings With Integral Shafts Having An 

Outside Diameter Over 30 Mm 

number 

1.11 2.37 53.0% 

8482105008 Thrust Bearings number 

0.92 3.22 71.4% 

8482105012 Linear Bearings number 

7.49 15.42 51.5% 

8482105016 Angular Contact Bearings, Wheel Hub Units, 

Flanged 

number 

5.88 25.96 77.3% 

8482105028 Angular Contact Bearings, Other Than Wheel 

Hub Units 

number 

1.98 12.45 84.1% 

8482105032 Radial Bearings, Single Row, Maximum Or 

Full Capacity Type 

number 

0.55 4.12 86.7% 

8482105036 Radial Bearings, Single Row, Having An 

Outside Diameter Of Under 9 Mm 

number 

0.24 1.11 78.9% 

8482105048 Radial Bearings, Single Row, Having An 

Outside Diameter Of Over 30 Mm But Not 

Over 52 Mm 

number 

 

0.38 1.00 62.1% 

8482105052 Radial Bearings, Single Row Having An 

Outside Diameter Of Over 52 Mm But Not 

Over 100 Mm 

number 

 

1.35 3.02 55.4% 

8482105056 Radial Bearings, Single Row Having An 

Outside Diameter Of Over 100 Mm 

number 

3.40 13.70 75.1% 

8482105060 Double Row Ball Bearings,Radial number 

0.59 5.15 88.6% 

8482105068 Ball Bearings, Nesoi number 

0.39 2.85 86.2% 

8482200020 Tapered Roller Bearings, Cup And Cone 

Assemblies Entered As A Set, Wheel Hub 

Units, Flanged 

number 

 

1.30 15.83 91.8% 

8482200030 Tapered Roller Bearings, Cup And Cone 

Assemblies Entered As A Set, Wheel Hub 

Units, Other Than Flanged 

number 

 

1.06 6.31 83.2% 

8482200040 Tapered Roller Bearings, Cup And Cone 

Assemblies Entered As A Set, With Cup 

Having Outside Diameter Not Exceeding 102 

Mm 

number 

 

0.61 5.27 88.5% 

8482200060 Tapered Roller Bearings, Cup And Cone 

Assemblies Entered As A Set, With Cup 

Having Outside Diameter Exceeding 102 Mm 

number 

 

0.55 5.42 89.9% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

35

8482200070 Tapered Roller Bearings, Cone Assemblies 

Entered Separately, For Cups Having 

Outside Diameter Not Exceeding 102 Mm 

number 

 

0.46 2.78 83.4% 

8482200080 Tapered Roller Bearings, Cone Assemblies 

Entered Separately, For Cups Having 

Outside Diameter Exceeding 102 Mm 

number 

 

1.02 8.95 88.6% 

8482300040 Spherical Roller Bearings, Single Row number 

6.08 21.96 72.3% 

8482300080 Spherical Roller Bearings, Other Than Single 

Row 

number 

23.58 55.13 57.2% 

8482500000 Other Cylindrical Roller Bearings number 

0.53 6.09 91.2% 

8482800020 Combined Ball & Spherical Roller Bearings number 

2.24 8.81 74.6% 

8482800080 Other Ball Or Roller Bearings, Including 

Combined Ball/Roller Bearings, Nesoi 

number 

0.69 5.82 88.1% 

8482910040 Needles For Needle Roller Bearings kilograms 

2.72 8.32 67.3% 

8482910070 Spherical Rollers For Roller Bearings kilograms 

2.51 6.56 61.8% 

8482990500 Inner And Outer Races For Ball Bearings number 

0.13 0.36 63.8% 

8482991540 Cups (An Outer Ring) For Tapered Roller 

Bearings 

number 

0.47 2.04 77.0% 

8482992580 Inner Or Outer Rings Or Races Parts Of 

Bearings Nesoi 

number 

0.68 5.60 87.9% 

8482993500 Parts, Except Inner And Outer Races, For 

Ball Bearings, (Including Ball Bearings With 

Integral Shafts) 

kilograms

 

3.77 11.89 68.3% 

8482996510 Parts Of Spherical Roller Bearings, Nesoi kilograms 

4.02 21.20 81.0% 

8482996560 Parts Of Other Cylindrical Roller Bearings, 

Nesoi 

kilograms 

2.80 24.96 88.8% 

8483101030 Camshafts And Crankshafts For Vehicles Of 

Chapt 87, Except Motorcycles, For Use With 

Spark-Ignition Internal Combustion Piston 

Engines Or Rotary Eng 

number 

 

12.67 30.91 59.0% 

8483103010 Camshafts And Crankshafts For Vehicles Of 

Chapter 87, Other Than Vehicles With SparkIgnition Internal Combustion Piston Engines 

Or Rotary Engines 

number 

 

5.05 76.77 93.4% 

8483103050 Camshafts And Crankshafts, Nesoi number 

5.20 25.70 79.8% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

36

8483105000 Transmission Shafts And Cranks, Except 

Camshafts And Crankshafts 

kilograms 

3.52 7.11 50.5% 

8483204040 Flange, Take-Up, Cartridge And Hanger Units 

Incorporating Ball Bearings, Housed Bearings 

number 

1.47 7.77 81.1% 

8483204080 Flange, Take-Up, Cartridge And Hanger Units 

Incorporating Roller Bearings, Housed 

Bearings 

number 

 

2.21 8.84 75.0% 

8483208040 Housed Bearings, Incorporating Ball Bearings 

Except Flange, Take-Up, Cartridge And 

Hanger Units 

number 

 

1.21 5.41 77.7% 

8483304040 Housings,For Ball Or Roller Bearing Type 

Flange, Take-Up, Cartridge And Hanger Units 

kilograms 

3.64 7.64 52.3% 

8483308020 Bearing Housings, Ball Or Roller Bearing 

Type 

kilograms 

3.02 8.72 65.3% 

8483308055 Transmission Shafts: Bearing Housings, Plain 

Shaft Bearings With Housing, Rod End 

Bearings 

number 

 

1.48 10.27 85.6% 

8483308065 Transmission Shafts And Cranks: Bearing 

Housings, Plain Shaft Bearings With Housing, 

Nesoi 

number 

 

0.57 3.31 82.7% 

8483403080 Multiple And Variable Ratio Speed Changers 

Imported For Use With Machines For Making 

Cellulosic Pulp, Paper Or Paperboard 

number 

 

14.20 48.72 70.9% 

8483405050 Multiple And Variable Ratio Speed Changers, 

Nesoi 

number 

11.79 42.94 72.6% 

8483901050 Chain Sprockets And Parts, Except Forged kilograms 

2.66 7.15 62.7% 

8484900000 Sets Or Assortments Of Gaskets And Similar 

Joints, Dissimilar In Composition, Put Up In 

Pouches, Envelopes Or Similar Packings 

number 

 

0.24 3.00 92.1% 

8485900080 Machinery Parts Not Containing Electrical 

Features, Nesoi 4 

kilograms 

4.77 16.55 71.1% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

37

Chapter 85 Line Items

8501104020 Electric Motors Under 18.65 W Output, Ac, 

Nesoi 

number 

2.29 4.87 53.1% 

8501104060 Electric Motors Under 18.65W, Dc, O/T 

Brushless,Nesoi 

number 

0.88 2.65 66.8% 

8501106040 Electric Motors Of An Output Of 18.65 W Or 

More But Not Exceeding 37.5 W, Dc, 

Brushless 

number 

 

4.23 10.42 59.4% 

8501106080 Electric Motors Of An Output Of 18.65 W Or 

More But Not Exceeding 37.5 W, Nesoi 

number 

4.06 15.32 73.5% 

8501204000 Universal Ac/Dc Electric Motors Of An 

Output Exceeding 74.6 W But Not Exceeding 

735 W 

number 

 

5.40 12.17 55.6% 

8501205000 Universal Ac/Dc Elec Motors Exceeding 

735W But Under 746W 

number 

7.70 29.16 73.6% 

8501312000 Dc Motors Of An Output Exceeding 37.5 W 

But Not Exceeding 74.6 W 

number 

2.09 8.82 76.3% 

8501316000 Dc Motors Of An Output Exceeding 746 W 

But Not Exceeding 750 W 

number 

5.03 17.38 71.1% 

8501322000 Dc Motors Of An Output Exceeding 750 W 

But Not Exceeding 14.92 Kw 

number 

15.29 42.44 64.0% 

8501324500 Elec Motors Used As The Primary Source Of 

Mechanical Power For Elec Powered 

Vehicles Of Heading 8703.90 

number 

 

14.49 57.80 74.9% 

8501325520 Dc Motors Of An Output Exceeding 14.92 Kw 

But Not Exceeding 75 Kw, For Civil Aircraft 

number 

22.50 1,241.69 98.2% 

8501325540 Dc Motors Of An Output Exceeding 14.92 

Kw But Not Exceeding 75 Kw, Except For 

Civil Aircraft 

number 

 

46.22 299.59 84.6% 

8501326000 Dc Generators Of An Output Exceeding 750 

W But Not Exceeding 75 Kw 

number 

193.15 670.18 71.2% 

8501334040 Dc Motors Of An Output Exceeding 150 Kw 

But Not Exceeding 373 Kw 

number 

148.73 6,069.13 97.5% 

8501334060 Dc Motors Of An Output Exceeding 373 Kw 

But Not Exceeding 375 Kw 

number 

34.60 351.37 90.2% 

8501336000 Dc Generators Of An Output Exceeding 

75Kw But Not Exceeding 375Kw 

number 

76.83 502.10 84.7% 

8501343000 Dc Motors Of An Output Exceeding 375 Kw number 

1,666.20 13,210.89 87.4% 

8501402020 Gear Motor, Ac, Single-Phase, Of An Output 

Exceeding 37.5 W But Not Exceeding 74.6 W 

number 

4.86 10.01 51.5% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

38

8501404040 Ac Motor, Single-Phase, Of An Output 

Exceeding 74.6 W But Not Exceeding 735 W, 

Except Gearmotors 

number 

 

7.56 15.14 50.1% 

8501405040 Ac Motor, Single-Phase Exceeding 735W But 

Under 746W 

number 

7.39 17.61 58.0% 

8501406020 Gear Motor, Ac, Single-Phase, An Output Of 

746 W And Greater 

number 

9.78 42.95 77.2% 

8501406040 Ac Motor, Single-Phase, Of An Output 

Exceeding 746 W, Except Gear Motors 

number 

16.20 35.02 53.7% 

8501512040 Ac Motor, Multi-Phase, Of An Output 

Exceeding 37.5 W But Not Exceeding 74.6 

W, Except Gearmotors 

number 

 

15.15 41.29 63.3% 

8501514020 Gear Motor, Ac, Multi-Phase, Of An Output 

Exceeding 74.6 W But Not Exceeding 735 W 

number 

17.63 40.83 56.8% 

8501514040 Ac Motor, Multi-Phase, Of An Output 

Exceeding 74.6 W But Not Exceeding 735 W, 

Except Gearmotors 

number 

 

10.29 30.18 65.9% 

8501515020 Gear Motor, Ac, Multi-Phase, Exceeding 

735W But Under 746W 

number 

103.92 935.20 88.9% 

8501515040 Ac Motor, Multi-Phase, Exceeding 735W But 

Under 746W 

number 

34.46 128.60 73.2% 

8501516020 Gear Motor, Ac, Multi-Phase, Exceeding 746 

W But Not Exceeding 750W 

number 

105.74 215.98 51.0% 

8501516040 Ac Motor, Multi-Phase, Exceeding 746 W But 

Not Exceeding 750 W, Nesoi 

number 

42.05 167.43 74.9% 

8501528020 Ac Motors, Multi-Phase, Exceeding 14.92 Kw 

But Not Exceeding 75 Kw For Civil Aircraft 

number 

334.64 870.50 61.6% 

8501538060 Ac Motors,Multi-Phase, Exceeding 373Kw number 

6,784.94 20,938.01 67.6% 

8501610000 Ac Generators (Alternators) Not Exceeding 

75 Kva Output 

number 

76.80 260.60 70.5% 

8501630000 Ac Generators(Alternator) Exceeding 375 

Kva But Not Exceeding 750Kva 

number 

145.74 1,039.38 86.0% 

8501640020 Ac Generators (Alternators) Exceeding 750 

Kva But Not Exceeding 10,000 Kva 

number 

688.35 17,565.18 96.1% 

8501640050 Ac Generators (Alternators) Exceeding 

40,000 Kva 

number 

525.39 14,549.90 96.4% 

8502110000 Generating Sets, Electric, Diesel, Of An 

Output Not Exceeding 75 Kva 

number 

447.41 3,421.01 86.9% 

8502120000 Generating Sets, Electric, Diesel, Of An 

Output Exceeding 75 Kva But Not Exceeding 

375 Kva 

number 

 

479.34 12,173.19 96.1% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

39

8502130020 Generating Sets, Electric, Diesel, Of An 

Output Exceeding 375 Kva But Not 

Exceeding 1,000 Kva 

number 

 

794.02 12,604.18 93.7% 

8502130040 Generating Sets, Electric, Diesel, Of An 

Output Exceeding 1,000 Kva 

number 

23,832.50 162,854.89 85.4% 

8502200030 Generating Sets, Electric, Gasoline, Of An 

Output Under 1.5 Kw 

number 

124.16 401.47 69.1% 

8502200080 Generating Sets, Electric, Gasoline, Of An 

Output Exceeding 5Kw 

number 

573.44 1,437.77 60.1% 

8502310000 Other Electric Generating Sets, WindPowered number 

1,051.54 48,432.97 97.8% 

8502390000 Generating Sets, Electric, Nesoi number 

177.74 3,049.59 94.2% 

8502400000 Electric Rotary Converters number 

9.30 32.01 70.9% 

8503002000 Commutators For Machines In Heading 8501 

Or 8502 

number 

0.28 0.64 55.8% 

8504210080 Liquid Dielectric Transformers Having A 

Power Handling Capacity Exceeding 500 Kva 

But Not Exceeding 650 Kva 

number 

 

1.32 90.01 98.5% 

8504220040 Liquid Dielectric Transformers Having A 

Power Handling Capacity Exceeding 650 Kva 

But Not Exceeding 2,500 Kva 

number 

 

485.21 9,871.96 95.1% 

8504314065 Transformers, Nesoi, Having A Power 

Handling Capacity 40Va Or Greater But Less 

Than 1 Kva 

number 

 

1.13 2.58 56.1% 

8504320000 Transformers, Nesoi, Having A Power 

Handling Capacity Exceeding 1 Kva But Not 

Exceeding 16 Kva 

number 

 

1.38 7.26 81.0% 

8504330020 Transformers, Nesoi, Having A Power 

Handling Capacity Exceeding 16 Kva But Not 

Exceeding 50 Kva 

number 

 

1.49 19.64 92.4% 

8504330040 Transformers, Nesoi, Having A Power 

Handling Capacity Exceeding 50 Kva But Not 

Exceeding 500 Kva 

number 

 

5.20 188.64 97.2% 

8504340000 Transformers, Nesoi, Having A Power 

Handling Capacity Exceeding 500 Kva 

number 

1,353.57 11,194.61 87.9% 

8504404000 Static Converters number 

25.24 66.82 62.2% 

8504407018 Power Supplies For Automatic Data 

Processing Machines Or Units Thereof, With 

A Power Output Exceedin 500W 

number 

 

39.13 102.61 61.9% 

8504409530 Pwr Splies,150<X=<500,Rectifir number 

34.71 72.70 52.3% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

40

8504409540 Power Supplies, Other,Rectifrs number 

6.16 16.33 62.3% 

8504902000 Parts Of Power Supplies For Automatic Data 

Processing Machines, Printed Circuit 

Assemblies 

number 

 

2.77 11.40 75.7% 

8504906500 Prt:Prntd Crctas,Tlcm850440/50 number 

3.70 9.77 62.1% 

8504909510 Ferrites For Transformers number 

0.04 0.09 57.2% 

8507204000 Lead Acid Storage Batteries, Used, As The 

Primary Source Of Electrical Power For 

Electrically Powered Vehicles Of Subheading 

8703.90 

number 

 

11.24 36.96 69.6% 

8507208090 Lead Acid Storage Batteries, Nesoi number 

5.45 13.22 58.7% 

8507308090 Nickel-Cadmium Storage Batteries, Nesoi number 

1.88 5.60 66.4% 

8507404000 Nickel-Iron Storage Batteries Used As The 

Primary Source Of Electrical Power For 

Electrically Powered Vehicles Of Subheading 

8703.90 

number 

 

2.87 24.86 88.4% 

8507804000 Other Storage Batteries Used As The Primary 

Source Of Electrical Power For Electrically 

Powered Vehicles Of Subheading 8703.90 

number 

 

3.48 12.51 72.2% 

8509200000 Electric Domestic Floor Polishers number 

65.76 133.09 50.6% 

8511300040 Internal Combustion Engine Distributors number 

4.72 11.31 58.2% 

8511400000 Internal Combustion Engine Starter Motors 

And Dual Purpose Starter-Generators 

number 

15.59 37.79 58.7% 

8511802000 Internal Combustion Engine Voltage 

Regulators With Cut-Out Relays For6V, 12V, 

And 24V Systems 

number 

 

1.39 4.93 71.8% 

8511906020 Parts For Internal Combustion Engine 

Distributor Breaker Point Sets 

number 

0.27 1.36 80.2% 

8514100000 Industrial Or Laboratory Furnaces And 

Ovens, Resistance Type 

number 

729.38 13,080.69 94.4% 

8514204000 Indctn/Dlc Frn&Ovn,Mnf Smcndcr number 

36.00 186.23 80.7% 

8514302000 Furnaces And Ovens For Diffusion, Oxidation 

Or Annealing Of Semiconductor Wafers 

number 

58.27 13,684.29 99.6% 

8514306000 Furn/Oven,F/Rapid Heat Smcndct number 

478.54 3,718.84 87.1% 

8514308000 Indus/Lab Elec,Oth Furnace,Oth number 

269.31 855.42 68.5% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

41

8515110000 Soldering Irons And Guns, Electric number 

1.72 4.70 63.4% 

8515190000 Brazing Or Soldering Machines, Nesoi number 

32.96 142.53 76.9% 

8515290000 Machines And Apparatus For Resistance 

Welding Of Metal, Nesoi 

number 

52.38 709.03 92.6% 

8515310000 Machines And Apparatus For Arc (Including 

Plasma Arc) Welding Of Metals, Fully Or 

Partly Automatic 

number 

 

210.06 6,621.32 96.8% 

8515390040 Arc Welding Machines, Arc, Nesoi, NonRotating Type number 

22.20 108.39 79.5% 

8515800040 Ultrasonic Welding Machines number 

5,800.00 36,930.28 84.3% 

8515800080 Elec Welding Machines,Nesoi number 

26.70 436.65 93.9% 

8516100040 Electric Storage Water Heaters number 

7.61 64.51 88.2% 

8516100080 Electric Water Heaters, Nesoi, And 

Immersion Heaters 

number 

4.21 11.42 63.1% 

8516330000 Electric Hand-Drying Apparatus number 

6.68 32.15 79.2% 

8516604080 Electric Cooking Stoves, Ranges And Ovens, 

Nesoi 

number 

22.92 94.11 75.6% 

8517194000 Videophones number 

65.99 213.58 69.1% 

8517220000 Teleprinters number 

25.00 71.40 65.0% 

8517302000 Private Branch Exchange Switching 

Apparatus 

number 

211.98 1,473.94 85.6% 

8517303000 Telephonic Switching Apparatus,Nesoi number 

50.00 145.37 65.6% 

8518401000 Line Telephony Audio Frequency Amplifier 

Repeaters 

number 

2.40 39.83 94.0% 

8519100000 Coin- Or Token-Operated Record Players number 

9.99 950.01 98.9% 

8519310000 Turntables With Automatic Record Changers number 

89.00 472.61 81.2% 

8519938040 Cassette Tape Players, Ac Only number 

18.89 483.94 96.1% 

8519938080 Cassette Tape Players, Nesoi number 

3.23 6.49 50.3% 

8520330070 Cassette Tape Recorder/Players, Without 

Speakers 

number 

14.28 58.95 75.8% 

8520390050 Tape Recorder/Players,Ac Only, Stereo, 

Nesoi 

number 

76.36 302.39 74.7% 

8520390070 Tape Recorder/Players Nesoi number 62.9% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

42

18.81 50.71 

8521103000 Video Cassette, Cartridge Player Only, Color, 

No Tv Tuner 

number 

231.27 1,330.58 82.6% 

8521109000 Video Recording Or Reproducing Apparatus, 

Magnetic Tape-Type, Except Color 

number 

44.80 195.41 77.1% 

8522100000 Pickup Cartridges number 

3.11 8.14 61.8% 

8523110000 Unrecorded Magnetic Tape, Of A Width Not 

Exceeding 4 Mm 

number 

0.19 0.45 58.1% 

8523200000 Unrecorded Magnetic Discs number 

0.11 0.23 52.3% 

8524310030 Discs For Laser Reading Systems For 

Reproducing Phenomena Other Than Sound 

Or Image. Prepackaged Software For Adp 

Machines, Of A Kind Sold At Retail. 

number 

 

0.77 6.65 88.4% 

8524310070 Discs For Laser Reading Systems For 

Reproducing Phenomena Other Than Sound 

Or Image, Nesoi 

number 

 

1.33 3.25 58.9% 

8524320000 Discs For Laser Reading Systems For 

Reproducing Sound Only 

number 

0.72 1.96 63.3% 

8524513080 Magnetic Tape Recordings Of A Width Not 

Exceeding 4Mm,Nesoi 

number 

1.00 2.02 50.5% 

8524521080 Magnetic Tape Recordings Of A Width 

Exceeding 4Mm But Not Exceeding 6.5 Mm, 

Video, Nesoi 

linear 

meters 

1.20 6.38 81.2% 

8524910070 Other Magnetic Media, For Reproducing 

Phenomena Other Than Sound Or Image, 

Nesoi 

number 

 

4.33 45.61 90.5% 

8525103015 Mach Rec Satlite Telvsnsignals number 

21.08 52.07 59.5% 

8525107025 Trnsmtr Oth,Freq <=30Mhz,Radio number 

6.82 39.68 82.8% 

8525107045 Trnsmtr Oth,Frq >30X<=400Radio number 

12.87 39.72 67.6% 

8525107065 Trnsmtr Oth>400X=<1000Mhzradio number 

5.27 11.72 55.0% 

8525109025 Transmitters Oth, Freq <=30Mhz number 

11.61 34.89 66.7% 

8525109045 Transmitter Oth,Freq >30X<=400 number 

8.50 33.04 74.3% 

8525109085 Transmitters Oth,Freq >1000Mhz number 

59.32 303.68 80.5% 

8525202000 Radio Transceivers, Low Power Operating 

On Frequencies From 49.82 To 49.90 Mhz 

number 

3.37 8.82 61.8% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

43

8525203010 Radio Transceivers, Hand-Held, For 

Frequencies Not Exceeding 30 Mhz 

number 

9.94 29.22 66.0% 

8525203060 Amateur Radio Transceivers, For 

Frequencies Not Exceeding 30 Mhz 

number 

110.21 320.10 65.6% 

8525203065 Radio Transceivers, Nesoi, For Frequencies 

Not Exceeding 30 Mhz 

number 

21.05 77.32 72.8% 

8525203070 Radio Transceivers, Except Handheld, For 

Frequencies Exceeding 30 Mhz But Not 

Exceeding 400 Mhz 

number 

 

31.48 169.65 81.4% 

8525203080 Radio Transceivers, Except Handheld, For 

Frequencies Exceeding 400 Mhz 

number 

25.70 144.17 82.2% 

8525303000 Gyrostablized Television Cameras number 

14.80 3,327.53 99.6% 

8525306000 Studio Television Cameras, Excluding 

Shoulder-Carried And Other Portable 

Cameras 

number 

 

70.23 4,934.25 98.6% 

8525309005 Television Cameras, Nesoi, Color number 

23.70 63.63 62.8% 

8525309060 Television Cameras, Except Color number 

25.04 75.15 66.7% 

8525408050 Camcorders, Not 8Mm number 

158.87 328.36 51.6% 

8525408085 Still Image Video Cameras, Othr number 

27.28 95.90 71.6% 

8526910020 Radio Navigational Aid Apparatus, Reception 

Only Type 

number 

74.45 242.45 69.3% 

8526910040 Radio Navigational Aid Apparatus, Nesoi number 

25.39 146.70 82.7% 

8527211015 Motor Vehicle Radio-Tape Players, Cassette, 

Stereo 

number 

29.85 65.11 54.2% 

8527211030 Motor Vehicle Radio-Tape Players, Nesoi number 

8.95 35.53 74.8% 

8527214080 Motor Vehicle Radio-Combinations, Nesoi number 

31.42 109.06 71.2% 

8527298060 Motor Vehicle Radio Receivers, Nesoi number 

29.67 123.71 76.0% 

8527909540 Radtlephc Rec Etc,Frq30<X=<400 number 

11.47 78.01 85.3% 

8527909550 Rdo Pag Rec Oth Fq>400<=1000Mh number 

24.02 131.77 81.8% 

8528123600 Reception App For Tv, Color, Non-High 

Definition, Projection Type, With A CathodeRay Tube, Incorporating Video Recording Or 

Reproducing Apparatus 

number 

 

135.40 976.66 86.1% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

44

8528124800 Reception Apparatus For Tv, Color, HighDefinition, Non-Projection Type, With A 

Cathrode-Ray Tube, Nesoi 

number 

 

247.18 544.83 54.6% 

8528126401 Reception App. Fr Tv, Color, With A Flat 

Panel Screen, Incorporating Video Recording 

Or Reproducing Apparatus, Video Display <= 

34.29 Cm, Other 

number 

 

368.77 907.94 59.4% 

8528130020 Reception Apparatus For Tv, Monochrome, 

Having A Single Picture Tube Intended For 

Direct Viewing, With A Video Display 

Diagonal Not Exc 17 Cm 

number 

 

14.27 33.21 57.0% 

8528130035 Reception Apparatus For Tv, Monochrome, 

Having A Single Picture Tube Intended For 

Direct Viewing, With A Video Display 

Diagonal > 26 Cm But =< 33 Cm 

number 

 

16.33 48.34 66.2% 

8528130050 Reception Apparatus For Tv, Monochrome, 

Having A Single Picture Tube Intended For 

Direct Viewing, With A Video Display 

Diagonal Exceeding 48 Cm 

number 

 

23.50 72.46 67.6% 

8528211000 Video Monitors, Color, Incomplete, Not 

Incorporating A Cathode-Ray Tube, Flat 

Panel Screen Or Similar Display Device, 

Nesoi 

number 

 

74.17 408.70 81.9% 

8528211901 Video Monitors, Color, Non-High Definition, 

Having A Single Pic Tube For Dir Viewing, 

Incorp Video Recordng/Reproduc With Disp 

Gt 34.29 But Lt=35.5 

number 

 

71.74 276.86 74.1% 

8528213900 Video Monitors, Color, Non-Hi Definition, 

Single Pic Tube For Direct Viewing With A 

Video Display Diagonal Exceeding 35.56 Cm, 

Nesoi 

number 

 

59.60 287.76 79.3% 

8528214900 Video Monitors, Color, Hi-Definition, NonProjection Type, With A Cathode Ray Tube, 

Nesoi 

number 

 

96.79 1,460.67 93.4% 

8528217001 Video Monitors, Color, With A Flat Panel 

Screen, Nesoi, With A Video Display 

Diagonal Gt 34.29 Cm 

number 

 

963.53 1,961.25 50.9% 

8528219001 Reception App For Television, Video 

Monitors, Color, Nesoi, With A Video Display 

Diagonal Exceeding 34.29 Cm 

number 

 

109.64 795.85 86.2% 

8528306801 Recept. App. For Televis. Video Project, 

Color, F Lat Panel Screen, Nesoi, Video 

Display Diagonal Gt 34.29 Cm 

number 

 

854.96 5,209.72 83.6% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

45

8528307800 Video Projectors, Color, Nesoi number 

636.17 2,494.25 74.5% 

8528309000 Video Projectors, Black And White Or Other 

Monochrome 

number 

44.65 109.59 59.3% 

8529104040 Radar, Radio Navigational Aid And Radio 

Remote Control Antennas 

number 

5.82 27.20 78.6% 

8529900300 Prntd Cir Assem,Prntd Cir Brd & Ceramic 

Substrat W/ Compnts Assembl Thereon,Fr 

Colr Tv Receivers,Sbassem Ctng 1 Or > Of 

Such Brds Entrd W/ Components 

number 

 

6.98 31.76 78.0% 

8529900600 Prntd Cir Assem,Prntd Cir Brd & Ceramic 

Substrat W/ Compnts Assemld Thereon,Fr 

Colr Tv Recvers,Subassem Cntg 1 Or > Of 

Such Brds Or Sbstr,Not W/Compn 

number 

 

6.55 19.32 66.1% 

8529903300 Parts Of Television Receivers,Subassemblies 

For Color Tv Receivers Containing 2 Or > 

Printed Circuit Boards Or Ceramic Substrates 

Entered With Compnt 

number 

 

2.18 137.97 98.4% 

8529903600 Parts Of Television Receivers,Subassemblies 

For Color Tv Receivers Conatining 2 Or More 

Prnt Cir Brds Or Ceramic Substrat With 

Compnt, Nesoi 

number 

 

1.99 114.92 98.3% 

8529904300 Combinatn Of Prts Specifd In Add U.S. Note 

10 To This Chpt:Subassem,Fr Clr Tv 

Recvrs,Contng 2 Or >Pc Brds Or Ceramc 

Substrat W/Compnt,Entrd W/Compnts 

number 

 

27.66 72.64 61.9% 

8529908800 Sbasmb F/Tv Ent W/Usnote4 number 

4.95 36.24 86.3% 

8531100025 Smoke Detectors, Nesoi number 

7.08 15.45 54.2% 

8531100035 Burglar Alarms, Electric number 

8.76 22.74 61.5% 

8532220040 Fixed Capacitors, Aluminum 

Electrolytic,Exceeding 18 Mm But Not 

Exceeding 35 Mm In Diameter 

number 

 

0.04 0.11 67.5% 

8532230040 Fixed Capacitors, Ceramic, Dielectric, Single 

Layer, Axial Leads 

number 

0.01 0.08 82.3% 

8532240020 Fixed Capacitors, Ceramic, Dielectric, 

Multilayer, Chips 

number 

0.00 0.01 56.5% 

8532250055 Fixed Capacitors, Paper, Plastic, Nesoi, 

Leadless, Dielectric 

number 

0.03 0.10 70.0% 

8532250060 Fixed Capacitors, Paper, Plastic, Nesoi, Axial 

Leads, Dielectric 

number 

0.07 0.27 72.8% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

46

8532300090 Variable Or Adjustable Capacitors, Nesoi number 

0.12 0.33 62.8% 

8533408040 Rheostat And Resistor Type Motor Starters 

And Controllers 

number 

0.30 0.62 52.3% 

8535100040 Fuses For A Voltage Exceeding 1,000 V But 

Under 2,300 V 

number 

0.13 0.65 80.0% 

8535210000 Automatic Circuit Breakers For A Voltage 

Exceeding 1000 V But Less Than 72.5 Kv 

number 

2.02 8.53 76.3% 

8535290040 Automatic Circuit Breakers In Circuits Of 72.5 

Kv But Less Than 345 Kv 

number 

2.08 16.73 87.6% 

8535300040 Isolating And Make And Break Switches, 

Knife Type, For A Voltage Exceeding 1,000 V 

number 

0.21 53.67 99.6% 

8535300080 Lightning Arrestors, Surge Suppressors, 

Voltage Limiters, For A Voltage Exceeding 

1,000 V 

number 

 

0.84 5.48 84.7% 

8536100040 Fuses, Except Glass Cartridge, For A Voltage 

Not Exceeding 1,000 V 

number 

0.08 0.23 65.3% 

8536200020 Automatic Circuit Breakers, Molded Case, 

For A Voltage Not Exceeding 1,000 V 

number 

0.86 3.58 75.9% 

8536200040 Automatic Circuit Breakers, Nesoi, For A 

Voltage Not Exceeding 1,000 V 

number 

0.88 3.18 72.4% 

8536410005 Automotive Signaling Flashers number 

0.54 1.62 66.6% 

8536490055 Relays, Except Electromechanical, With 

Contacts Rated At Less Than 10 A, For A 

Voltage Exceeding 60 V 

number 

 

0.68 4.55 85.1% 

8536490065 Contactors For A Voltage Exceeding 60 V But 

Not Exceeding 1,000 V 

number 

1.66 7.76 78.6% 

8536504000 Motor Starters, For A Voltage Not Exceeding 

1,000 V 

number 

0.12 2.35 94.8% 

8536509020 Rotary Switch,Nt O/5A,V<=1000 number 

0.61 1.52 59.6% 

8536509031 Psh-Butn Swtch,<=5A,Momentary number 

0.10 0.36 71.0% 

8536509032 Psh-Btn Swtch,<=5A,Gang Switch number 

0.05 0.14 61.9% 

8536509033 Psh-Btn Swtch,<= 5A,Other number 

0.16 0.47 65.6% 

8536509035 Push-Button Switch, Rated O/5A number 

0.17 0.52 66.8% 

8536509040 Snap-Act Switchs,Oth Thnlimit number 

0.34 0.74 53.5% 

8536509045 Knife Type Switches, F/Volt Ov number 

1.97 8.19 75.9% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

47

8536509050 Slide Type Switches, F/Voltage number 

0.21 0.63 67.1% 

8536908030 Junction Boxes For Switching/ number 

1.20 8.09 85.2% 

8537106000 Motor Control Centers, For A Voltage Not 

Exceeding 1,000 V 

number 

19.60 41.52 52.8% 

8537109020 Switchgear Assemblies And Switchboards 

For A Voltage Not Exceeding 1000 V 

number 

3.32 71.70 95.4% 

8537109050 Panel Boards And Distribution Boards, For 

Voltages <= 1,000 Volts 

number 

14.52 57.03 74.5% 

8537109060 Programable Controllers number 

4.10 21.01 80.5% 

8537200040 Electrical Apparatus Nesoi Equipped With 

Two Or More Apparatus From Heading 8535 

Or 8536 For A Voltage Exceeding 1,000 V 

number 

 

7.08 154.51 95.4% 

8539100010 Sealed Beam Lamp Units, Under 15.24 Cm, 

For Vehicles Of Subheading 8701.20 Or 

Heading 8702,8703,8704,8705,Or 8711 

number 

 

2.39 7.21 66.8% 

8539212080 Tungsten Halogen Filament Lamps Designed 

For A Voltage Not Exceeding 100 V, Nesoi 

number 

0.65 1.40 53.8% 

8539214080 Tungsten Halogen Filament Lamps Designed 

For A Voltage Exceeding 100 Volts, Of A 

Power 500 W Or More 

number 

 

0.88 3.13 72.0% 

8539294000 Filament Lamps, Nesoi, For A Voltage 

Exceeding 100 V 

number 

0.13 0.37 63.6% 

8539320040 Discharge Lamps, (Ex Ultraviolet), Mercury 

Vapor 

number 

2.06 8.44 75.6% 

8539320090 Discharge Lamps, (Ex Ultraviolet), Other 

Metal Halide Lamps 

number 

3.09 15.26 79.7% 

8539390000 Discharge Lamps, Except For Ultraviolet, 

Nesoi 

number 

0.83 2.83 70.8% 

8540111030 Cathode Ray Tv & Video Monitor Tubes, 

Color, Non-High Definition, Non-Projection, 

Video Display Exceeding 35.56 Not 

Exceeding 39Cm 

number 

 

58.52 254.63 77.0% 

8540112401 Cathode Ray Tv & Video Monitor Tubes, 

Color, Non-High Definition, Non-Projection, 

Video Display Diagonal Not Exceeding 34.29 

Cm 

number 

 

30.85 135.85 77.3% 

8540113000 Cathode Ray Tv & Video Monitor Tubes, 

Color, High-Definition Having Video Display 

Exceeding 35.56 Cm 

number 

 

86.46 276.63 68.7% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

48

8540121080 Cathode Ray Tv Picture Tubes, 

Monochrome, Non-High Definition, Non 

Projection, Having Dimension Across 

Faceplate Greater Than 29 N/O 42 Cm 

number 

 

69.51 170.63 59.3% 

8540125040 Cathode Ray Tv Picture Tube, Monochrome, 

Non-High Definition, Projection, Nesoi 

number 

10.58 25.04 57.8% 

8540400020 Data/Graphic Display Tubes, Color, With A 

Phosphor Dot Screen Pitch Smaller Than 

.4Mm, Having A Video Display Diagonal Not 

Exceeding 30Cm 

number 

 

22.75 452.47 95.0% 

8540400080 Data/Graphic Display Tubes, Color, With A 

Phosphor Dot Screen Pitch Smaller Than 

.4Mm, Having A Video Display Diagonal 

Exceeding 36Cm 

number 

 

40.80 89.28 54.3% 

8540500000 Data/Graphic Display Tubes, Black And 

White Or Other Monochrome 

number 

11.81 66.17 82.2% 

8540600020 Other Cathode Ray Tubes, Nesoi, Having A 

Video Display Diagonal Not Exceeding 30 

Cm 

number 

 

48.61 1,026.42 95.3% 

8540600080 Other Cathode Ray Tubes, Having A Video 

Display Diagonal Exceeding 36 Cm 

number 

71.07 821.22 91.3% 

8540890040 Tubes, Nesoi, Diode, Triode, And Tetrode 

Types 

number 

21.22 71.74 70.4% 

8540890080 Other Thermionic, Cold Cathode Or 

Photocathode Tubes, Nesoi 

number 

3.12 17.23 81.9% 

8541100040 Unmounted Chips, Dice, Wafers For Diodes 

Other Than Photosensitive Or Light-Emitting 

Diodes 

number 

 

0.08 0.21 62.9% 

8541100050 Zener Diodes number 

0.01 0.04 68.5% 

8541100070 Diodes, Other Than Photosensitve Or Led, 

With A Maximum Current Of 0.5 A Or Less 

number 

0.01 0.02 60.7% 

8541210040 Unmounted Chips, Dice, Wafers For 

Transistors Other Than Photosensitive With A 

Dissipation Rate Of Less Than 1W 

number 

 

0.12 0.44 73.2% 

8541210075 Transistors Other Than Photosensitive, With 

A Dissipation Rate Of Less Than 1 W, 

Operating Frequency 100 Mhz And Greater 

number 

 

0.02 0.04 53.7% 

8541300080 Thyristors, Diacs & Triacs, Other Than 

Photosensitive Devices 

number 

0.06 0.32 80.1% 

8541406010 Unmounted Chips, Dice Or Wafers For 

Photosensitive Diodes 

number 

0.33 1.14 71.3% 

8541406050 Photosensitive Diodes, Nesoi number 88.0% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

49

0.06 0.51 

8541407080 Photosensitive Transisters number 

0.13 0.28 53.5% 

8541409500 Photosensitive Semiconductor Devices, 

Nesoi 

number 

0.16 0.73 78.7% 

8541500080 Semiconductor Devices, Nesoi number 

0.67 2.86 76.7% 

8541600020 Mounted Piezoelectric Crystals, Quartz, 

Designed For Operating Frequencies Not 

Exceeding 1 Mhz, Except 32.768 Khz 

number 

 

0.23 0.52 55.4% 

8541600060 Mounted Piezoelectric Crystals, Quartz, 

Designed For Operating Frequencies 

Exceeding 20 Mhz 

number 

 

0.22 0.47 54.3% 

8542218023 Monolithic Integrated Circuits Of Silicon, 

Digital, Mos Transistor, Volatile Memory, 

Dram, Over 8 Megabits But Not Over 16 

Megabits 

number 

 

0.54 1.67 67.5% 

8542218089 Monolithic Integrated Circuits Of Silicon, 

Digital, Bipolar Transistor, Except Memory, 

Nesoi 

number 

 

0.71 1.74 59.4% 

8542290030 Monolithic Integrated Circuits, With An 

Operating Frequency Less Than 100 Mhz, 

Mixed Signal (Analog/Digital) Logic, Nesoi 

number 

 

0.43 0.92 53.9% 

8542290040 Monolithic Integrated Circuits, With An 

Operating Frequency Less Than 100 Mhz, 

(Analog/Digital), Other Than Logic, Nesoi 

number 

 

0.32 0.84 61.3% 

8542600095 Hybrid Integrated Circuits, Nesoi number 

1.41 2.92 51.6% 

8543110000 Ion Implanters Designed For Doping 

Semiconductor Wafers 

number 

5.43 1,971.22 99.7% 

8543190000 Particle Accelerators, Nesoi number 

5.91 2,353.84 99.7% 

8543200000 Signal Generators number 

5.09 28.96 82.4% 

8543400000 Electric Fence Controllers number 

17.94 36.25 50.5% 

8543891000 Physical Vapor Deposition (Pvd) Apparatus 

For Processing Semiconductor Materials Or 

For Production Of Semiconductors Or 

Integrated Circuits 

number 

 

13,159.00 985,831.39 98.7% 

8543897000 Electric Luminescent Lamps number 

1.09 4.82 77.4% 

8543898000 Microwave Amplifiers number 

101.80 2,779.66 96.3% 
Illustrative List of Chinese Underselling -- HS Chapters 84 and 85: 

Comparison of US Imports from China and All Other Sources 

10-Digit Line Items where the China Price is more than 50% less than the All Other Price 

 

 Price per Unit in $s 

HS Item Commodity Description Units China All Other 

Sources 

China 

Price 

 % less 

than All 

Other 

 

50

8545904000 Electrical Carbon And Graphite Articles, 

Nesoi 

kilograms 

1.50 3.77 60.1% 

8546100000 Electrical Insulators Of Glass number 

0.22 0.52 58.4% 

8546200030 Electrical Insulators, Suspension Pin-Type Or 

Line Post Type, Ceramic 

number 

1.03 2.53 59.5% 

8546900000 Electrical Insulators, Nesoi number 

0.16 0.35 54.0% 

8547200000 Insulating Fittings For Machines Made Of 

Plastic 

number 

0.05 0.20 76.0% 

8548100580 Spent Primary Cells, Spent Primary Batteries, 

And Spent Electric Storage Batteries For 

Recovery Of Lead, Other Ld-Acid Stor 

Batteries For Start Engine 

number 

 

8.52 68.75 87.6% 

8548103500 Waste And Scrap Of Primary Cells, Primary 

Batteries And Electric Storage Batteries, 

Nesoi 

kilograms

 

1.74 10.08 82.7% 

 
APPENDIX 3 
1 

EXAMPLES OF OVERREACHING

BY WTO PANELS/APPELLATE BODY/ARBITRATORS

IN DISPUTES AGAINST THE UNITED STATES

(Listed in order of date of panel report) 

No. WT/DS Short Title*

 Problematic Issues 

Trade 

Remedy 

Case 

1 2 US – Gasoline 

2 24 US – Underwear 

3 33 US – Wool Shirts & Blouses 

4 58 US – Shrimp GATT Article XX exceptions 

5 99 US – DRAMS Standard of review Yes 

6 108 US – FSC • Financial contribution/footnote 59 

• Countermeasures Yes 

7 152 US – Section 301 Trade Act 

8 138 US – Lead and Bismuth II • Standard of review 

• Privatization Yes 

9 136 US – 1916 Act (EC) • Specific action 

• Arbitration Yes 

10 162 US – 1916 Act (Japan) • Specific action 

• Arbitration Yes 

11 160 US – Section 110(5) Copyright Act 

12 165 US – Certain EC Products 

13 166 US – Wheat Gluten • Non-attribution analysis 

• Parallelism Yes 

14 177/178 US – Lamb 

• Unforeseen developments 

• Domestic industry 

• Non-attribution analysis 

• Standard of review 

Yes 

15 179 US – Stainless Steel (Korea) • Standard of review 

• Multiple averaging periods Yes 

16 184 US – Hot-Rolled Steel (Japan) 

• Standard of review 

• Non-attribution analysis 

• Facts available 

• Calculation of “all others” rate 

Yes 

17 192 US – Cotton Yarn Principle of proportionality 

18 194 US – Export Restraints Advisory opinion on export restraints Yes 

19 176 US – Section 211 Appropriations Act • Standard of review 

• Review of municipal laws 

20 202 US – Line Pipe 

• Unforeseen developments 

• Parallelism 

• Non-attribution analysis 

• Standard of review 

Yes 

21 206 US – Steel Plate (India) Standard of review Yes 

22 213 US – Carbon Steel (Germany) Yes 

23 221 US – Section 129(c)(1) URAA Yes 

 

*

 The short titles used in this list have been adopted based upon a survey of the practice of panels and the Appellate Body in 

recently issued reports and the Appellate Body Annual Report (WT/AB), as well as the practice of the WTO Secretariat in its 

“Update of WTO Dispute Settlement Cases” (WT/DS/OV/*). 
2 

No. WT/DS Short Title* Problematic Issues 

Trade 

Remedy 

Case 

24 212 US – Countervailing Measures on 

Certain EC Products 

• Standard of review 

• Privatization Yes 

25 217/234 US – Offset Act • Specific action 

• Arbitration Yes 

26 236 US – Softwood Lumber III 

• Standard of review 

• Benchmark 

• Pass-through analysis 

Yes 

27 243 US – Textiles Rules of Origin 

28 

248/249/ 

251/252/

253/254/ 

258/259 

US – Steel Safeguards 

• Explicit findings 

• Unforeseen developments 

• Parallelism 

Yes 

29 244 US – Corrosion Resistant Steel 

Sunset 

• Analysis of challengeable 

measures (SPB) 

• Zeroing 

Yes 

30 257 US – Softwood Lumber IV (CVD) Aspects of pass-through analysis Yes 

31 277 US – Softwood Lumber VI (ITC) Threat of injury analysis Yes 

32 264 US – Final Softwood Lumber V (AD) Zeroing Yes 

33 268 US – OCTG Argentina 

• Sunset review waivers 

• Analysis of challengeable 

measures (SPB) 

• Effect of AB decisions on panels 

Yes 

34 267 US – Cotton 

• Domestic support measures 

• Peace Clause analysis 

• Serious prejudice analysis 

• Export credit guarantees 

• Expired measures 

Yes 

35 285 US – Gambling 

• Analysis of specific commitments 

• Limitations on market access 

commitments 

• Cases Against the United States Resulting in WTO Panel/AB/Arbitrator Report: 35 

• Cases Involving Trade Remedies (AD/SCM/SG Agreements): 24 

• Cases Involving Overreaching: 26 

• Cases Involving Trade Remedy and Overreaching: 22