So, there is a fundamental incompatiblity to applying simultanously CVD duties and antidumping duties generated from the NME methodology.
FORBES: President Obama's Chance to Fix Deteriorating Economic Relations with China
Today, the U.S. government has 24 separate CVD orders in place on various imports from China (in addition to 5 cases pending determinations).
For political purposes, that logic suddenly ceased to apply in 2007, when Commerce changed its policy and began initiating CVD cases against NMEs.
First, it can abide the CAFC decision, revoke the 24 existing CVD measures, drop the pending cases, and initiate no more CVD investigations against NME countries.
Option three requires no legislative action whatsoever, preserves domestic industry access to both the AD and CVD laws, and wins enormous amounts of goodwill from Beijing.
Thus, applying CVD duties and antidumping duties against imports from NME countries double counts the amount of the subsidy and results in a double tax on imports.
FORBES: President Obama's Chance to Fix Deteriorating Economic Relations with China
The CVD Taskforce paper can be downloaded in the journals Global Heart, Circulation, the European Heart Journal, and the Journal of the American College of Cardiology.
FORBES: International Cardiology Groups Push For Aggressive Public Health Goals
The second option, which leaves use of the CVD law as well as applicability of the NME methodology of the AD law to China in tact, is the worst.
The third option preserves access to the CVD law, as well as the antidumping law, for U.S. protection-seekers, but requires the Commerce Department to use the market economy methodology in cases involving China.
To the extent that unions and domestic industries want to continue to use the CVD law against imports from China and not violate U.S. WTO obligations, granting China a market economy designation solves the impasse.
FORBES: President Obama's Chance to Fix Deteriorating Economic Relations with China
Hungry entrepreneurialism has turned PPD into one of the largest and leanest providers of clinical trial services to the drug and biotech industries ( Covance (nyse: CVD - news - people ) and private Quintiles are the biggest overall).
In not applying the CVD law to NMEs during that period, the Commerce Department was being consistent: if prices and other market signals are unreliable or fictitious in Country A for purposes of antidumping determinations, then they cannot be reliable or useable for purposes of measuring the benefits of subsidies in Country A in CVD cases.
应用推荐