On November 14th, the Ministry of Commerce released a statement highlighting how trade competition between China and major economies like the United States and the European Union has intensified since China joined the WTO in 2001. As a result, trade disputes have surged, along with a rapid increase in WTO dispute settlement cases. Since accession, China has initiated 11 lawsuits under the WTO dispute settlement mechanism, covering 11 different disputes, primarily targeting developed members such as the U.S. and the EU. Additionally, 29 cases have been brought up, involving 18 disputes. Furthermore, China has participated in 92 WTO disputes as a third party. This information complements remarks made recently by Commerce Minister Chen Deming. At a press conference during the 18th National Congress of the Communist Party of China on November 10, he addressed the perception that China loses more often than it wins in trade disputes with the U.S., stating this is inaccurate. He noted that China has successfully challenged the U.S. through the WTO on numerous occasions, winning many cases that remain less publicized. Recently, China has challenged U.S. practices regarding countervailing duties on 22 categories of products, and he expressed confidence in these outcomes, citing previous victories in similar cases.
This year, China has taken action against U.S. anti-subsidy laws and over 20 countervailing rulings, as well as discriminatory subsidies imposed by the EU on photovoltaic power generation, all under the WTO dispute settlement framework. The Ministry emphasized that the WTO dispute settlement process remains a crucial tool for protecting national and industrial interests. With thorough research and adequate preparation, China has effectively challenged protectionist measures from the U.S. and EU before the WTO. These efforts have yielded significant successes. For instance, in the China v. U.S. anti-dumping and countervailing case (DS379), the WTO Appellate Body clarified key concepts like "public institutions" and "double救济," determining that U.S. measures against China violated WTO rules. This victory compelled the U.S. to amend its domestic laws. Similarly, in the U.S. poultry restrictions case (DS392), the expert panel supported China's claim that U.S. legislation restricting poultry imports breached WTO norms, leading to the U.S. repealing the relevant laws.
In the China v. EU fastener anti-dumping case (DS397), the Appellate Body ruled that the EU's "Single Tax Rate" provision under its Anti-Dumping Basic Regulation violated WTO Anti-Dumping Agreement stipulations. Consequently, the EU revised its anti-dumping laws and reviewed 53 existing anti-dumping measures against China. In the China v. U.S. anti-dumping and zeroing case (DS422), the panel found that the U.S.'s "zeroing" practice in investigating warm water shrimp and diamond saw blades violated WTO rules, ensuring fair treatment for Chinese firms. To comply with WTO obligations, the Ministry of Commerce and other departments have reviewed and amended laws and regulations, facilitating the enforcement of WTO rules and fulfilling transparency requirements. This has also strengthened China's legal frameworks. China respects WTO rulings and actively works to implement them smoothly, ensuring the resolution of disputes progresses effectively.
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