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USTR Seeks Comments on WTO Dispute over Mainland Chinese AD/CV Duties on Chicken Products

The Office of the U.S. Trade Representative is seeking input from interested parties by 15 August on a request it recently submitted to the World Trade Organisation calling for the establishment of a dispute settlement panel to examine mainland China’s continuing imposition of antidumping and countervailing duties on chicken broiler products from the United States.

In 2010 mainland China imposed AD duties of 50.3 percent to 105.4 percent and CV duties of 4 percent to 30.3 percent on imports of chicken broiler products from the United States. The United States challenged those duties at the WTO, which found that mainland China had breached several procedural and substantive obligations in conducting its AD and CV investigations and that there were numerous defects in mainland China’s determination that imports from the United States caused adverse price effects in the mainland Chinese market. Beijing subsequently issued a redetermination advancing additional rationales for the duties, some of which were lowered and some of which were increased, and asserted that it had complied with the WTO’s findings.

USTR has concluded otherwise after completing an intensive review and challenged mainland China’s redetermination on various grounds. These include mainland China’s failure to properly calculate costs of production for a U.S. producer, failure to conduct a transparent reinvestigation, and various failures with respect to the finding that the mainland Chinese industry has been injured on account of U.S. exports. U.S. and mainland Chinese officials met on 24 May to discuss this matter but those consultations did not result in a mutually agreeable resolution.

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