John Spratt: “when China joined the WTO, the U.S. and China entered into an ``accession protocol.'' Among other things, that protocol…”

“when China joined the WTO, the U.S. and China entered into an ``accession protocol.'' Among other things, that protocol anticipates that the United States may find that China is subsidizing exports, and in that case, the United States may seek to impose countervailing duties, to level the playing field. The Department of Commerce is required to use Chinese data to measure the size of the subsidy, ``where practicable,'' but use of Chinese cost and pricing data is not always practicable, so similar data must be drawn from a comparable country. As originally drawn, this bill dropped the key phrase, ``where practicable.'' It restricted the ability of the Commerce Department to measure subsidies in China and other non-market economies. Due to a barrage of complaints from U.S. industry, that phrase was added back at the last moment, before this bill was brought to the floor. But two other problems, to which U.S. industry objects, were not corrected. First of all, this bill requires the Department of Commerce to ensure that there is no ``double-counting'' of countervailing duties and anti- dumping duties. Current law only requires that there be no double- counting of export subsidies, but makes no provision with respect to antidumping duties.…”