Joel Szabat

“ In light of these facts, which present a situation in which the Chinese aviation authorities have authorized no U.S. carrier scheduled passenger operations between the United States and China, we conclude that these circumstances require the Department’s action to restore a competitive balance and fair and equal opportunity among U.S. and Chinese air carriers in the scheduled passenger service marketplace. We, therefore, conclude that the public interest requires the suspension of all Chinese carrier scheduled passenger air services between the United States and China. ”

“ Moreover, it continues to impede the ability of U.S. carriers to “achieve equality of opportunity,” considering that the CAAC will permit Chinese carriers, in the aggregate, to operate as many as four weekly passenger flights to the United States. As a general matter, we are troubled by China’s continued unilateral dictation of the terms of the U.S.-China scheduled passenger air transportation market without respect for the rights of U.S. carriers under the Agreement. ”

“ The Agreement also establishes that “each Party shall take all appropriate action to ensure that there exist fair and equal rights for the designated airlines of both Parties to operate the agreed services on the specified routes so as to achieve equality of opportunity, reasonable balance and mutual benefit.” ”