United States – Countervailing and
Anti-Dumping Measures
on Certain Products from China
Request
for Consultations by China
The
following communication, dated 17 September 2012, from the delegation of China
to the delegation of the United States and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
_______________
My authorities have instructed me to
request consultations with the Government of the United States pursuant to
Article 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (the DSU), Article XXIII:1 of the General Agreement on Tariffs and
Trade 1994 (GATT 1994), Article 30 of the Agreement on Subsidies and
Countervailing Measures (the SCM Agreement), and Article 17 of the Agreement on
Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
(the "AD Agreement").
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 House 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).
[1] P.L. 112-99 was officially published as a "slip law" on 13
March 2012. Under US 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.