‘Double Counting’: Is There Light at the End of the Tunnel?

Abstract

This article explores the issue of 'double counting' under the WTO, arising from the concurrent imposition of countervailing duties ('CVD') and anti-dumping duty ('ADD').The article has three objectives: first, a critical appraisal of the Appellate Body's findings in United States - Anti-Dumping and Countervailing Duties (China) as well as the Panel's findings in US - Countervailing and Anti-Dumping Measures (China), which were issued in the context of Non Market Economies ('NMEs'); second, a critique of the United States' effort to comply with the Dispute Settlement Body ('DSB') ruling in United States - Anti-Dumping and Countervailing Duties (China); third, to explore the implications of these earlier rulings on MEs.