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Specificity Of Subsidy Benefit In Countervailing Duty Determinations

Posted on:2011-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:L X YangFull Text:PDF
GTID:2166360305479505Subject:International law
Abstract/Summary:PDF Full Text Request
The United States raised many countervailing investigations against China in recent years. Many China's products were imposed high countervailing duties and countervailing measures became another new trade barrier we have to face. Therefore, it's very important for us to analyze the subsidy legislation and practice of the United States and the WTO. As the soul and cornerstone of countervailing system, Specificity analysis is very important for countervailing duty determinations. Therefore, with referring to the regulations of SCM, the author will analyze the legislation and practice of specificity of the United States in this paper, by using the method of case analysis, and put forward some countermeasures.Specifically, this dissertation is composed of three parts.Part 1 is a brief introduction to subsidy and specificity of subsidy, including their history, foreign legislations, definitions of"grant","benefit"in practice and theory. This part focuses on the understanding of this system and its characteristics.Part 2 addresses the comparative research on specificity based on the law and cases of the United States.Part 3 deals with two paradoxes which have been raised at the beginning of the paper. The first one is the paradox of foreign benchmark the DOC chose to calculate the benefit of our industry, and the second one is whether our foreign exchange policy constitutes a sort of countervailable subsidy of SCM. The author will analyze these problems with the foresaid theory of specificity test and make conclusions that the choosing of foreign benchmark and the claiming action towards the foreign exchange policy violate the regulation of SCM. Consequently, our government should continue to clear subsidies according to Subsidy Agreement, meanwhile our government should also change subsidy policy and carry out proper subsidies according to the exception in Subsidy Agreement.
Keywords/Search Tags:subsidy, countervailing measures, de jure specificity, de facto specificity, foreign benchmark, foreign exchange
PDF Full Text Request
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