Aftermarket Insider - October/November 2009 - (Page 22)

i N T E R N AT i o N A l F o C U S inSide inveStigationS Background on Chinese government Trade Remedy Proceedings B Y: GIL K APLAN, KING & S PAL DING L L P On Sept. 13, 2009, the official Chinese news agency reported that China’s Ministry of Commerce (MOFCOM) was reviewing petitions for antidumping and anti-subsidy (countervailing duty) investigations on imports of automobile parts and automobiles from the United States. The announcement was in response to President Obama’s decision to grant relief to the U.S. tire industry under Section 421 of the Trade Act of 1974. At present, it is not clear whether any case would mainly focus on auto parts, kits or complete automobiles. If MOFCOM considers that the petitions contain sufficient evidence, it will publish a formal notice of initiation which will identify the products covered in the investigation and start the case. Trade Remedy Proceedings in China if MOFCOM considers that the petitions contain sufficient evidence, it will publish a formal notice of initiation which will identify the products covered in the investigation and start the case. Since becoming a member of the World Trade Organization (WTO) in 2001, China has been one of the leading users of trade remedy proceedings. MOFCOM’s Bureau of Fair Trade (BOFT) is the Chinese government agency responsible for conducting antidumping and countervailing duty investigations. MOFCOM’s Investigation Bureau for Industry Injury (“IBII”) determines whether Chinese producers are injured by imports of the subject merchandise. The Investigative Process MOFCOM’s investigations generally take slightly less than one year to complete, although cases may be extended up to 18 months. The only firm deadline in a Chinese trade proceeding is the date for registration, which is 20 days after initiation. Registration forms by foreign defendants (called “respondents” in these proceedings) must be filed with 22 | AFTERMARKET INSIDER | OCTOBER • NOVEMBER 2009

Table of Contents for the Digital Edition of Aftermarket Insider - October/November 2009

Aftermarket Insider - October/November 2009
Contents
President's Message
New Members
You’re Invited...
“Be Car Care Aware” Vehicle Check-Up Events
Industry Events
Member Profile
Technology Update
International Focus
Association News
Market Research
Company Profile
Government Affairs
Industry News
Market Research

Aftermarket Insider - October/November 2009