Gaopeng Reading Club Issue 101: Trade Remedy Topic - Countervailing Measures

2022 07/25

On July 22, 2022, the 101st sharing event of the "Gaopeng Reading Club" was held in the Beijing office of Gaopeng Law Firm, and was also webcast. The sharing guest of this event is Sun Zhen, a lawyer from Gaopeng Law Firm. The theme of the lecture is "Trade Remedy Topic - Anti subsidy". Lawyer Sun Zhen has been engaged in legal services since 2012, representing dozens of Chinese enterprises in response to dozens of anti-dumping and countervailing cases brought against China by countries and regions such as the United States and the European Union, and obtaining zero or lower tax rates for enterprises; Served as a perennial legal adviser to enterprises, with rich experience in corporate compliance, civil and commercial litigation and arbitration for individuals and enterprises.




Lawyer Sun Zhen


This lecture focuses on introducing the anti subsidy investigation rules, combining lawyer Sun's case handling experience, and focusing on the following issues: 1. Overview of subsidies (definition, constituent elements, classification); 2. China's commitment to subsidies upon accession to the WTO; 3. Anti subsidy investigation rules; 4. The subsidy items frequently sued by Chinese enterprises and the calculation method of subsidy margin; 5. Countervailing measures and determination methods; 6. Suggestions on Chinese enterprises responding to countervailing cases.
During the sharing process, Lawyer Sun first explained the concept of subsidies, and then, taking the United States as an example, gave a detailed explanation of the countervailing investigation rules, subsidy projects frequently sued by Chinese enterprises, and the calculation method of subsidy ranges based on the filing of the original countervailing investigation in the past decade and years of case handling experience, so that the audience could understand the procedures and contents of the countervailing investigation, as well as the determination and formality of the countervailing tax, Finally, Lawyer Sun provided specific suggestions for Chinese enterprises to respond to countervailing export lawsuits based on various issues encountered in the investigation.
Countervailing measures are a double-edged sword. While maintaining the trade order of fair competition among WTO members, they may also lead to abuse of countervailing measures and discriminatory treatment. In responding to export lawsuits, Chinese enterprises have frequently encountered countervailing investigations from various countries. In the past decade, the world has launched an average of 14 original countervailing investigation filings against Chinese products each year, accounting for approximately 40% of the total number of original countervailing investigation filings worldwide. In recent years, Chinese enterprises have gradually realized the importance of responding to export lawsuits. When encountering foreign countervailing investigations, more and more enterprises have begun to actively participate in responding to lawsuits. However, it should be noted that responding to a countervailing investigation is far more complex than responding to an anti-dumping investigation, and the workload is also greater than the latter. Therefore, the guidance and intervention of Chinese lawyers are even more needed.
Lawyer Sun Zhen has been acting as an agent for trade remedy investigation cases since 2012, and has successively undertaken dozens of countervailing and countervailing investigation cases initiated by the United States, the European Union, India, Egypt, South Africa, and other countries and regions against various chemical products such as truck tires, car tires, and so on in China, obtaining zero or lower tax rates for enterprises.
People are good at their work, and high friends are everywhere. Gaopeng Law Firm has always attached great importance to the cultivation and growth of lawyers, encouraging lawyers to continue learning through various ways to improve their professional skills. By regularly holding various sharing meetings, Gaopeng Law Firm helps lawyers improve their professional skills and take a deep and professional path, so as to better serve customers and society.

(This article is translated by software translator for reference only.)