UNITED STATES – COUNTERVAILING AND ANTI-DUMPING MEASURES ON CERTAIN PRODUCTS FROM CHINA
Document: Request for the Establishment of a Panel by China
Date: 20 November 2012
Document codes: WT/DS449/2
Complainant: China
Respondent: U.S.
Third parties: Australia, Canada, EU, Japan, Turkey, Vietnam, India, Russia
Dispute stage: Appellate Body
Agreements cited: Art. X, VI  GATT 1994Art. 10, 15, 19, 21, 32  Subsidies and Countervailing Measures (SCM)Art. 9, 11  Anti-dumping

UNITED STATES – COUNTERVAILING AND ANTI-DUMPING MEASURES
ON CERTAIN PRODUCTS FROM CHINA

Request for the Establishment of a Panel by China

 The following communication, dated 19 November 2012, from the delegation of China to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

 On 17 September 2012, the People's Republic of China requested consultations with the
United States of America pursuant to Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU"), Ar ticle XXIII:1 of the General Agreement on Tariffs
and Trade 1994 ("GATT 1994"), Article 30 of th e Agreement on Subsidies and Countervailing
Measures ("SCM Agreement"), and Article 17 of the Agreement on Implementation of Article VI of
the General Agreement on Tariffs and Trade 1994 ("AD Agreement"). This request for consultations
concerned the measures described below.
 Consultations were held on 5 November 2012 with a view to reaching a mutually satisfactory
solution. These consultations clarified certain issues pertaining to this matter, but failed to resolve the
dispute. Therefore, China respectfully request s, pursuant to Articles 4.7 and 6 of the DSU,
Article XXIII:2 of the GATT 1994, Article 30 of the SCM Agreement, and Article 17 of the AD
Agreement that the Dispute Settlement Body ("DSB") establish a Panel to examine this matter. China
further requests that the Panel have the standard terms of reference, as set forth in Article 7.1 of the
DSU.
Measures at Issue
 The measures at issue in this request include Public Law 112-99, "An act to apply the
countervailing duty provisions of the Tariff Act of 1930 to nonmarket economy countries, and for
other purposes" ("P.L. 112-99"). P.L. 112-99 was signed by President Obama on 13 March 2012
following affirmative votes by the US Hou se of Representatives and the US Senate.
1 P.L. 112-99
amends the Tariff Act of 1930 (the "Tariff Act" ) to create two new subsections, §§ 701(f) and
777A(f).
 The measures at issue in this request also incl ude any and all determinations or actions by the
US Department of Commerce, the US International Trade Commission, or US Customs and Border
Protection (collectively, "the US authorities") relating to the imposition or collection of countervailing
duties on products imported into the territory of the United States from the People's Republic of
China, where such determinations or actions were made or performed in connection with

1 P.L. 112-99 was officially published as a "slip law" on 13 March 2012. Under U.S. law, a slip law is
an official publication and constitutes legal evidence of its enactment. See 1 U.S.C. § 113. When P.L. 112-99 is
later compiled into the United States Statutes at Large, it will appear at 126 Stat. 265 and will be codified at
19 U.S.C. §§ 1671, 1677.

countervailing duty investigati ons or reviews initiated be tween 20 November 2006 and
13 March 2012.
2 These measures include the ongoing co nduct of maintaining and enforcing
countervailing duty measures that resulted from inves tigations initiated during this period, as well as
the ongoing conduct of maintaining countervailing duty in vestigations that were initiated during this
period but not completed as of 13 March 2012.
 The measures at issue in this dispute al so include the anti-dumping measures listed in
Appendix B, including the definitive anti-dumping duti es imposed pursuant to their authority, as well
as the combined effect of these anti-dumping measures and the parallel countervailing duty measures
identified in Appendix A.
 Finally, the measures at issue include, as an omission, the failure of the United States to
provide the US Department of Commerce ("USDOC") with legal authority to identify and avoid the
double remedies that are likely to result when the USDOC applies countervailing duties in
conjunction with anti-dumping duties determined in accordance with the US non-market economy
methodology (hereinafter, "double remedies"), in respect of investigations or periodic reviews
initiated on or between 20 November 2006 and 13 March 2012.
Legal Basis of the Complaint
A. Section 1 of P.L. 112-99
 Section 1 of P.L. 112-99 amends Section 701 of the Tariff Act, the provision of US law
governing the imposition of countervailing duties, to add a new subsection (f) entitled "Applicability
to Proceedings Involving Nonmarket Economy Countr ies". This new subsection provides that the
countervailing duty provisions of the Tariff Act apply to imports from countries that the United States
designates as non-market economies (subject to a specif ied exception). Prior to the enactment of this
legislation, US law did not provide for or permit the application of counter vailing duties to imports
from countries that the United States designates as non-market economy countries.
3
 In accordance with Section 1(b) of P.L. 112- 99, the new subsection (f) of Section 701 applies
to: (1) all countervailing duty proceedings initiate d on or after 20 November 2006; (2) all resulting
actions by US Customs and Border Protection; an d (3) all civil actions, criminal proceedings, and
other proceedings before a US Federal court relati ng to those proceedings and actions. P.L. 112-99
was not officially published until 13 March 2012. Thus, by its expr ess terms, Section 1 of P.L. 112-
99 applies retroactively to actions and events that occurred prior to its official publication.4
 P.L. 112-99, including the new Section 701(f) of the Tariff Act which it establishes, is a law
of general application that pertains to rates of duty, taxes, or other charges on imports and to
requirements or restrictions on imports, which eff ects an increase in such du ties, taxes or charges,

2 Such determinations and actions include, inter alia, any determination to initiate a countervailing duty
investigation, the conduct of any such investigation, any preliminary or final determination of subsidization or
injury, the imposition of provisional countervailing duties, the imposition or maintenance of any countervailing
duty order, the conduct of any period ic (administrative) review, any fina l assessment of countervailing duties
made as a result of a periodic (administrative) review , and the imposition or collection of countervailing duties
pursuant to any such investigations, determinations, orders, or reviews. Without prejudice to the generality of
the foregoing, Appendix A to this request lists specific measures that fall within the scope of the measures at
issue.
3 See GPX International Tire Corporation v. United States, 666 F.3d 732 (Fed. Cir. 2011).
4 In addition to being evident on the face of the legi slation, the United States Court of Appeals for the
Federal Circuit has confirmed that Section 1 of P.L. 112-9 9 applies retroactively, and the court has applied that
provision retroactively. See GPX International Tire Corporation v. United States, 678 F.3d 1308, 1310 (Fed.
Cir. 2012) (observing that Section 1 of P.L. 112-99 "applies retroactively").

imposes new or more burdensome requirements or restrictions on imports, and affects the sale of
products in the US market.
 Under these circumstances, China considers that Section 1 of P.L. 112-99, including the new
Section 701(f) of the Tariff Act which it establishes, is inconsistent as such with Articles X:1, X:2,
and X:3 of GATT 1994. This is because, inter alia:
 These provisions of US law were not "publishe d promptly in such a manner as to enable
governments and traders to become acquainted with them";
 These provisions of US law were enforced by the United States prior to their official
publication;
 The United States has not administered its laws and regulations relating to the application of
countervailing duties to imports from non-market economy countries "in a uniform, impartial
and reasonable manner"; and
 The United States has failed to ensure that the decisions of its domestic courts are
implemented, and govern the practice of the US authorities, in respect of the matters that are
the subject of those judicial decisions.
 China further considers that all determinati ons or actions by the US authorities between
20 November 2006 and 13 March 2012 relating to the imposition or collection of countervailing
duties on Chinese products (as described in the second paragraph under "Measures"), including the
ongoing conduct of maintaining and enforci ng countervailing duty measures resulting from
investigations initiated during this period, are inc onsistent with Article X of GATT 1994. This is
because, inter alia, these determinations and actions enforce a measure of general application prior to
its official publication.
B. Section 2 of P.L. 112-99
 Section 2 of P.L. 112-99 amends Section 777A of the Tariff Act to add a new subsection (f),
entitled "Adjustment to Antidumping Duty in Cert ain Proceedings Relating to Nonmarket Economy
Countries". This new subsection purports to provide the USDOC with legal authority to identify and
avoid double remedies. In contrast to Secti on 1 of P.L. 112-99, which is retroactive to
20 November 2006, Section 2 applies only to "inv estigations and reviews initiated … on or after the
date of the enactment of this Act", i.e., on or after 13 March 2012.
 China considers that Section 2 of P.L. 112-99, including the difference in effective dates
between Section 1 and Section 2 of P.L. 112-99, is inconsistent as such with Article X of the
GATT 1994 because, inter alia, the United States is not administering its trade remedy laws "in a
uniform, impartial and reasonable manner", as required by Article X:3(a).
C. Absence of Legal Authority to Identify and Avoid Double Remedies in Respect of
Investigations or Reviews Initiated Between 20 November 2006 and 13 March 2012
 As a result of the difference in effective da tes between Section 1 and Section 2 of P.L. 112-
99, there is a category of investigations and determinations involving imports from China in respect of
which the US authorities have no basis under domestic law to identify and avoid double remedies.5

5 The fact that the US authorities have no basis under domestic law to identify and avoid double
remedies in respect of investigations and reviews initiated prior to 13 March 2012 is evident from the fact that
the US Congress enacted legislation for this purpose in respect of investigations and reviews initiated after

 China considers that the ab sence of any basis under domestic law for the US authorities to
identify and avoid double remedies in respect of investigations and reviews initiated between
20 November 2006 and 13 March 2012 is an omission th at is inconsistent, as such, with the covered
agreements. This omission prevents the US authoriti es, in all such investigations and reviews, from
ensuring that the imposition of countervailing duties is consistent with Articles 10, 15, 19, 21, and 32
of the SCM Agreement and Article VI of the GA TT 1994, and from ensuring that the imposition of
anti-dumping duties in the associated anti-dumping inv estigations and reviews is consistent with
Articles 9 and 11 of the AD Agreement and Article VI of the GATT 1994.
D. Failure to Investigate and Avoid Double Remedies in Certain Investigations and
Reviews Initiated Between 20 November 2006 and 13 March 2012
 Between 20 November 2006 a nd 13 March 2012, the US authorities initiated a series of
anti-dumping and countervailing duty investigations and reviews that resulted in the imposition of
anti-dumping and countervailing duties in respect of the same imported products from China, either
on a preliminary or final basis. In none of these inve stigations or reviews did the US authorities take
steps to investigate and avoid double remedies.
6
 In light of the failure of the US authorities to investigate and avoid double remedies in the
identified investigations and reviews, China considers that the resulting countervailing duty measures,
including any countervailing duties collected pursuant to their authority, are inconsistent with
Articles 10, 15, 19, 21, and 32 of the SCM Agreement and Article VI of the GATT 1994. China
further considers that the associated anti-dumping m easures in each such instance, including any anti-
dumping duties collected pursuant to their authority, are inconsistent with Articles 9 and 11 of the AD
Agreement and Article VI of the GATT 1994.

For these reasons, China considers that the measures specified above nullify and impair
benefits accruing to China under the GATT 1994, the SCM Agreement, and the AD Agreement.

Appendix A: Countervailing Duty Investigations

 OFFICIAL NAME C- Initiation Final Determination Order Amended Final
Determination and
Order
1 Coated Free Sheet Paper from the People's Republic of
China
C-570-907 71 FR 68546,
November 27, 2006
72 FR 60645, October
25, 2007
n/a (ITC Negative)
2 Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China
C-570-911 72 FR 36668, July 5,
2007
73 FR 31966, June 5,
2008
 73 FR 42545, July 22,
2008
3 Light-Walled Rectangular Pipe and Tube from the
People's Republic of China
C-570-915 72 FR 40281, July 24,
2007
73 FR 35642, June 24,
2008
73 FR 45405, August
5, 2008

4 Laminated Woven Sacks from the People's Republic of
China
C-570-917 72 FR 40839, July 25,
2007
73 FR 35639, June 24,
2008
73 FR 45955, August
7, 2008

5 Certain New Pneumatic O ff-The-Road Tires from the
People's Republic of China
C-570-913 72 FR 44122, August
7, 2007
73 FR 40480, July 15,
2008
73 FR 51627,
September 4, 2008

5a *Certain New Pneumatic Off-The-Road Tires from the
People's Republic of China [Administrative Review]1
C-570-913 74 FR 54956,
October 26, 2009
76 FR 23286, April 26,
2011

6 *Raw Flexible Magnets from the People's Republic of
China
C-570-923 72 FR 59076,
October 18 2007
73 FR 39667, July 10
2008
73 FR 53849,
September 17 2008

7 *Lightweight Thermal Paper from the People's Republic
of China
C-570-921 72 FR 62209,
November 2, 2007
73 FR 57323, October
2, 2008
 73 FR 70958,
November 24, 2008
8 *Sodium Nitrite from the People's Republic of China C-570-926 72 FR 68568,
December 5, 2007
73 FR 38981, 8 July 8,
2008
73 FR 50595, August
27, 2008

9 *Circular Welded Austenitic St ainless Pressure Pipe from
the People's Republic of China
C-570-931 73 FR 9994, February
25, 2008
74 FR 4936, 28 January
28, 2009
74 FR 11712, March
19, 2009

10 *Certain Circular Welded Carbon Quality Steel Line Pipe
from the People's Republic of China
C-570-936 73 FR 23184, April
29, 2008
73 FR 70961,
November 24, 2008

 74 FR 4136, January
23, 2009
11 *Citric Acid and Certain Citrate Salts From the People's
Republic of China
C-570-938 73 FR 26960, May
12, 2008
74 FR 16836, April 13,
2009
74 FR 25705, May
29, 2009

11
a
*Citric Acid and Certain Citrate Salts From the People's
Republic of China [Administrative Review]
C-570-938 75 FR 37759, June
30, 2010
76 FR 77206,
December 12, 2011

12 *Certain Tow Behind Lawn Groomers and Certain Parts
Thereof from the People's Republic of China
C-570-940 73 FR 42324, July 21,
2008
74 FR 29180, June 19,
2009
74 FR 38399, August
3, 2009

13 *Certain Kitchen Appliance Shelving and Racks From the
People's Republic of China
C-570-942 73 FR 50304, August
26, 2008
74 FR 37012, July 27,
2009
74 FR 46973,
September 14, 2009

13
a
*Certain Kitchen Appliance Shelving and Racks From the
People's Republic of China [Administrative Review]
C-570-942 75 FR 66349,
October 28, 2010
77 FR 21744, April 11,
2012

14 *Certain Oil Country Tubul ar Goods from the People's
Republic of China
C-570-944 74 FR 20678, May 5,
2009
74 FR 64045,
December 7, 2009
 75 FR 3203, January
20, 2010

1Only Administrative Reviews where a final determination was reached are included in this chart

15 *Prestressed Concrete Steel Wire Strand From the
People's Republic of China
C-570-946 74 FR 29670, June
23, 2009
75 FR 28557, May 21,
2010
 75 FR 38977, July 7,
2010
16 *Certain Steel Grating From the People's Republic of
China
C-570-948 74 FR 30278, June
25, 2009
75 FR 32362, June 8,
2010
75 FR 43144, July 23,
2010

17 Wire Decking from the People's Republic of China C-570-950 74 FR 31700, July 2,
2009
75 FR 32902, June 10,
2010
n/a (ITC Negative)
18 *Narrow Woven Ribbons With Woven Selvedge From
the People's Republic of China
C-570-953 74 FR 39298, August
6, 2009
75 FR 41801, July 19,
2010
75 FR 53642,
September 1, 2010

19 *Certain Magnesia Carbon Bricks From the People's
Republic of China
C-570-955 74 FR 42858, August
25, 2009
75 FR 45472, August 2,
2010
75 FR 57442,
September 21, 2010

20 *Certain Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the People's Republic of
China
C-570-957 74 FR 52945,
October 15, 2009
75 FR 57444,
September 21, 2010
 75 FR 69050,
November 10, 2010
21 *Certain Coated Paper Suitable for High-Quality Print
Graphics Using Sheet-Fed Presses From the People's
Republic of China
C-570-959 74 FR 53703,
October 20, 2009
75 FR 59212,
September 27, 2010
 75 FR 70201,
November 17, 2010
22 *Certain Potassium Phosphate Salts from the People's
Republic of China
C-570-963 74 FR 54778,
October 23, 2009
75 FR 30375, June 1,
2010
 75 FR 42682, July 22,
2010
23 *Drill Pipe From the People's Republic of China C-570-966 75 FR 4345, January
27, 2010
76 FR 1971, January
11, 2011
76 FR 11758, March
3, 2011

24 *Aluminum Extrusions From the People's Republic of
China
C-570-968 75 FR 22114, April
27, 2010
76 FR 18521, April 4,
2011
76 FR 30653, May
26, 2011

25 *Multilayered Wood Flooring From the People's Republic
of China
C-570-971 75 FR 70719,
November 18, 2010
76 FR 64313, October
18, 2011
76 FR 76693,
December 8, 2011

26 Certain Steel Wheels From the People's Republic of China C-570-974 76 FR 23302, April
26, 2011
77 FR 17017, March
23, 2012
n/a (ITC Negative)
27 Galvanized Steel Wire Fr om the People's Republic of
China
C-570-976 76 FR 23564, April
27, 2011
77 FR 17418, March
26, 2012
n/a (ITC Negative)
28 *High Pressure Steel Cylinders From the People's
Republic of China
C-570-978 76 FR 33239, June 8,
2011
77 FR 26738, May 7,
2012
77 FR 37384, June
21, 2012

29 *Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of
China
C-570-980 76 FR 70966,
November 16, 2011
77 FR 63788, October
17, 2012

30 *Utility Scale Wind Towers From the People's Republic
of China
C-570-982 77 FR 3447, January
24, 2012
77 FR 33422, June 6,
2012 (prelim)

31
2
*Drawn Stainless Steel Sinks From the People's Republic
of China
C-570-984 77 FR 18211, March
27, 2012
77 FR 46717, August 6,
2012 (prelim)

2 For the avoidance of doubt, the measures include any modificati ons, replacements, or amendments to the measures identified abo ve, even if those modifications,
replacements, or amendments are not specifically listed.

Appendix B: Antidumping Duty Investigations

 OFFICIAL NAME A- Final Determination Order Amended Final
Determination and Order
1 Coated Free Sheet Pa per from the People's
Republic of China
A-570-906 72 FR 60632, October 25, 2007 n/a (ITC Negative)
2 Circular Welded Carbon Quality Steel Pipe from
the People's Republic of China
A-570-910 73 FR 31970, June 5, 2008 73 FR 42547, July 22, 2008
3 Light-Walled Rectangular Pipe and Tube from the
People's Republic of China
A-570-916 73 FR 35652, June 24, 2008 73 FR 45403, August 5, 2008
4 Laminated Woven Sacks from the People's
Republic of China
A-570-914 73 FR 35646, June 24, 2008 73 FR 45941, August 7, 2008
5 Certain New Pneumatic Off-The-Road Tires from
the People's Republic of China
A-570-912 73 FR 40480, July 15, 2008 73 FR 51624, September 4,
2008
5a *Certain New Pneumatic Off-The-Road Tires from
the People's Republic of China [ Administrative
Review]
A-570-912 76 FR 22871, April 25, 2011

6 *Raw Flexible Magnets from the People's Republic
of China
A-570-922 73 FR 39669, 10 July 10, 2008 73 FR 53847, September 17,
2008

7 *Lightweight Thermal Paper from the People's
Republic of China
A-570-920 73 FR 57329, October 2, 2008 73 FR 70959, November 24,
2008

8 *Sodium Nitrite from the People's Republic of
China
A-570-925 73 FR 38984, July 8, 2008 73 FR 50593, August 27, 2008
9 *Circular Welded Austenitic Stainless Pressure
Pipe from the People's Republic of China
A-570-930 74 FR 4913, January 28, 2009 74 FR 11351, March 17, 2009
10 *Certain Circular Welded Carbon Quality Steel
Line Pipe from the People's Republic of China
A-570-935 74 FR 14514, March 31, 2009 74 FR 22515, May 13, 2009
11 *Citric Acid and Certain Citrate Salts From the
People's Republic of China
A-570-937 74 FR 16838, April 13, 2009 74 FR 25703, May 29, 2009
11a *Citric Acid and Certain Citrate Salts From the
People's Republic of China [ Administrative
Review]
A-570-937 76 FR 77772, December 14,
2011

12 *Certain Tow Behind Lawn Groomers and Certain
Parts Thereof from the People's Republic of China
A-570-939 74 FR 29167, June 19, 2009 74 FR 38395, August 3, 2009
13 *Certain Kitchen Appliance Shelving and Racks
From the People's Republic of China
A-570-941 74 FR 36656, July 24, 2009 74 FR 46971, September 14,
2009
13a *Certain Kitchen Appliance Shelving and Racks
From the People's Republic of China
[Administrative Review]
A-570-941 77 FR 217334, April 11, 2012

14 *Certain Oil Country Tubular Goods from the
People's Republic of China
A-570-943 75 FR 20335, April 19, 2010 75 FR 28551, May 21, 2010

15 *Prestressed Concrete Steel Wire Strand From the
People's Republic of China
A-570-945 75 FR 28560, May 21, 2010 75 FR 37382, June 29, 2010
16 *Certain Steel Grating From the People's Republic
of China
A-570-947 75 FR 32366, June 8, 2010 75 FR 69626, November 15,
2010
17 Wire Decking from the People's Republic of China A-570-949 75 FR 32905, June 10, 2010 n/a (ITC Negative)
18 *Narrow Woven Ribbons With Woven Selvedge
From the People's Republic of China
A-570-952 75 FR 41808, July 19, 2010 75 FR 53632, September 1,
2010
75 FR 56982, September 17,
2010
19 *Certain Magnesia Carbon Bricks From the
People's Republic of China
A-570-954 75 FR 45468, August 2, 2010 75 FR 57257, September 20,
2010

20 *Certain Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe from the People's
Republic of China
A-570-956 75 FR 57449, September 21,
2010
 75 FR 69052, November 10,
2010
21 *Certain Coated Paper Suitable for High-Quality
Print Graphics Using Sheet -Fed Presses From the
People's Republic of China
A-570-958 75 FR 59217, September 27,
2010
 75 FR 70203, November 17,
2010
22 *Certain Potassium Phosphate Salts from the
People's Republic of China
A-570-962 75 FR 30377, June 1, 2010 75 FR 42683, July 22, 2010
23 *Drill Pipe From the People's Republic of China A-570-965 76 FR 1966, January 11, 2011 76 FR 11757, March 3, 2011
24 *Aluminum Extrusions From the People's Republic
of China
A-570-967 76 FR 18524, April 4, 2011 76 FR 30650, May 26, 2011
25 *Multilayered Wood Flooring From the People's
Republic of China
A-570-970 76 FR 64318, October 18, 2011 76 FR 76690, December 8,
2011
26 Certain Steel Wheels From the People's Republic
of China
A-570-973 77 FR 17021, March 23, 2012 n/a (ITC Negative)
27 Galvanized Steel Wire From the People's Republic
of China
A-570-975 77 FR 17430, March 26, 2012 n/a (ITC Negative)
28 *High Pressure Steel Cylinders From the People's
Republic of China
A-570-977 77 FR 26739, May 7, 2012 77 FR 37377, June 21, 2012
29 *Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, From the People's
Republic of China
A-570-979 77 FR 63791, October 17, 2012
30 *Utility Scale Wind Towers From the People's
Republic of China
A-570-981 77 FR 46034, August 2, 2012
(prelim)

313 *Drawn Stainless Steel Sinks From the People's
Republic of China
A-570-983 77 FR 60673, October 4, 2012
(prelim)