Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-24T23:50:44.689Z Has data issue: false hasContentIssue false
  • English
  • Français

China–Cellulose Pulp: China's Quest to Satisfy WTO Panels and the Appellate Body

Published online by Cambridge University Press:  28 March 2019

KARA REYNOLDS  and
TATIANA YANGUAS
KARA REYNOLDS*
Affiliation:
Department of Economics at American University
TATIANA YANGUAS*
Affiliation:
Advisory Centre on WTO Law
*
*Email: [email protected].
**Email: [email protected].
Get access Rights & Permissions [Opens in a new window]

Abstract

In April 2017, a WTO panel ruled that China's anti-dumping investigation into imports of dissolving cellulose pulp from Canada violated the WTO's Anti-dumping Agreement. The panel found that China's description of the parallel price trends of dumped imports and domestic products failed to explain their finding that the dumped imports caused the decline in domestic prices. The ruling perhaps should not have surprised anyone as the WTO had made similar findings in disputes involving two previous Chinese anti-dumping investigations. This paper explores to what degree ‘parallel price trends’ can be used as a valid methodology to determine price depression, and whether it is the methodology itself that is problematic or China's implementation of that methodology that has caused it to lose three disputes over the past five years.

Type
Original Articles
Information
World Trade Review , Volume 18 , Issue 2 , April 2019 , pp. 263 - 285
Copyright
Copyright © Kara Reynolds And Tatiana Yanguas 2019 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

The views expressed in this article are the personal academic views of the authors. All errors remain ours alone.

References

Bown, C. P. (2005), ‘Trade Remedies and World Trade Organization Dispute Settlement: Why Are So Few Challenged?’, Journal of Legal Studies, 34(2): 515–555.Google Scholar
Durling, J. P. (2008), ‘Article 3 ADA: Determination of Injury’, in Wolfrum, R., Still, P., and Koebel, M. (eds.), Max Planck Commentaries on World Trade Law: WTO – Trade Remedies, Leiden, The Netherlands: Brill, pp. 47–74.Google Scholar
Feinberg, R. M. and Reynolds, K. M. (2018), ‘How Do Countries Respond to Anti-Dumping Filings? Dispute Settlement and Retaliatory Anti-Dumping’, The World Economy, 41(5): 1251–1268.Google Scholar
Gao, H. (2012), ‘Judicial Review of Trade Remedy Determinations in China: An Untested Theoretical Possibility?’, Chinese Journal of International Law, 11(1): 165–190.Google Scholar
Kugler, K. (2017), ‘China–Anti-dumping Measures on Imports of Cellulose Pulp from Canada (China–Cellulose Pulp), DS483’, World Trade Review, 16(4): 750–752.Google Scholar
Milton, S. (1986), ‘A Sample Size Formula for Multiple Regression Studies’, Public Opinion Quarterly, 50(1): 112–118.Google Scholar
Mitchell, A. D. and Prusa, T. J. (2016), ‘China–Autos: Haven't We Danced this Dance Before?’, World Trade Review, 15(2): 303–325.Google Scholar
Prusa, T. J. and Vermulst, E. (2014), ‘China–Countervailing and Anti-dumping Duties on Grain Oriented Flat-rolled Electrical Steel from the United States: Exporting US AD/CVD Methodologies through WTO Dispute Settlement?’, World Trade Review, 13(2): 229–266.Google Scholar
Qin, J. (2007), ‘Trade, Investment and Beyond: The Impact of WTO Accession on China's Legal System’, The China Quarterly, 191: 720–741.Google Scholar
Qin, J. and Vandenbussche, H. (2017), ‘China–GOES (Article 21.5): Time to Clarify the Standard for Price Suppression and Price Depression in AD/CVD Investigations’, World Trade Review, 16(2): 203–226.Google Scholar
Shaffer, G. and Gao, H. (2017), ‘China's Rise: How It Took on the US at the WTO’, Legal Studies Research Paper Series No. 2017-15, School of Law, University of California, Irvine, pp. 115–184.Google Scholar
Stone, M. (2013), ‘China's Anti-Dumping Investigations against Cellulose Pulp’, www.paperadvance.com/blogs/Michael-stone/2409-chinas-anti-dumping (accessed 21 February 2018).Google Scholar
WTO Trade Policy Review Body (2016), ‘Trade Policy Review of China’, 15 June 2016, WT/TPR/S/342.Google Scholar
Wu, M. (2016), ‘The China, Inc. Challenge to Global Trade Governance’, Harvard International Law Journal, 57: 261.Google Scholar
Young, R. (2013), ‘No Signs of This Market Dissolving’, Pulp and Paper International, 55(3): 17–20.Google Scholar
Zheng, Y. and Abrami, R. (2011), ‘The New Face of Chinese Industrial Policy: Making Sense of Antidumping Cases in the Petrochemical and Steel Industries’, Journal of East Asian Studies, 11(3): 373–406.Google Scholar