浅析美国反补贴调查中的“不利可得事实”制度

Simple Analysis of "Adverse Facts Available" System in US Countervailing Investigations

在美国对我国反补贴调查案件中,许多裁决结果均是美国调查机关基于"不利可得事实"制度而作出的。以致应诉企业蒙受巨大损失,甚至将丧失整个海外市场。为加强对这一制度的理解,除对相关法律、法规进行了解外,更重要的是从美国调查机关适用"不利可得事实"的案件实践中来对其进行分析与研究,从而为我国政府及应诉企业提供应对之策。

Among the cases of US countervailing investigation against China, many decisions have been made based on the ＂adverse facts available＂ system adopted by the US investigating authorities. This has made the Chinese enterprises involved suffer from huge losses and even lose their entire markets overseas. Therefore, in order to understand such system more clearly, in addition to understanding relative laws and regulations, it is more important to analyze and study the ＂adverse facts available＂ system adopted by the US investigating authorities in the practical cases, so that countermeasures can be proposed for Chinese government and respondent enterprises.