On April 8, Geneva time, China lodged an appeal to WTO dispute settlement institution against U.S. Amedment to Tariff to overthrow part of the rulings made in the panel report.
The U.S. Ministry of Commerce has launched consecutive countervailing investigations against China in the absence of domestic legal support since November 20, 2006. On March 13, 2012, the U.S. Congress passed the 1930 Amendment to the Tariff Act, authorizing the U.S. Ministry of Commerce to take countervailing measures against the “non-market economy countries”, which apply to the investigations after November 20, 2006. On September 17, 2012, China lodged an appeal to WTO dispute settlement institution against the U.S. Amendment to Tariff Act and the 26 anti-dumping and countervailing cases launched by the U.S. during 2006-2012. On March 27, 2014, WTO announced the panel report on China’s appeal that 25 anti-dumping and countervailing cases violated WTO rules but the U.S. Amendment to Tariff Act did not violate the rules.
According to WTO dispute settlement procedures, the WTO Appellate Body will make rulings within 90 days as of the receipt of the notice of appeal.