第九讲补贴与反补贴规则.docVIP

第九讲 补贴与反补贴规则 Rules of subsidies and countervailing measures Content Introduction Definition and classification of subsidies Remedies on subsidy Countervailing measures Case 1.Introduction Subsidies, are government measures, have two-sided effects. On the one hand, subsidies can promote economic development, on the other hand, subsidies would distort the resources allocation and make production deviate from the market principles which leads to unfair competition. From the perspective of international trade, subsidies may cause unfair competition between imported goods and domestic produced goods. Subsidies may be the behavior of the exported country, as well as imported countries. There is a close relationship between subsidies and the economic development polices, therefore, we could not believe that all of the subsidies is strictly forbidden. Agreement on subsidies and countervailing measures is aim at adjusting the subsidies and countervailing behaviors. This agreement with Article 6, Article 16 of GATT together constitute the Subsidies and Countervailing rules of WTO. Question what’s the differences between subsidy and dumping? 2. Definition and classification of subsidies For the purpose of this Agreement, a subsidy shall be deemed to exist if: (a) there is a financial contribution by a government or any public body within the territory of a Member; or there is any form of income or price support in the sense of Article XVI of GATT 1994; (b) a benefit is thereby conferred. (1)The scope of subsidy (i)? a government practice involves a direct transfer of funds (e.g. grants, loans, and equity infusion), potential direct transfers of funds or liabilities (e.g. loan guarantees); (ii)??government revenue that is otherwise due is foregone or not collected (e.g. fiscal incentives such as tax credits);? (iii)? a government provides goods or services other than general infrastructure, or purchases goods; (iv)? a government makes payments to a funding mechanism, o