Research On "Public Body" In Countervailing Duty Investigation

At present, China is confronted with serious challenge on the countervailing duties from foreigncountries. Countervailing investigation seriously affect China's economy. The determination of subsidyprovider's identity is of great importance in a subsidy determination regulated in the Subsidy andCountervailing Measures Agreement (SCMA).This article is divided into four parts.The first part discusses the concept of public body.The second part summaries the determination standard of public body in Canada, United States andthe European Union.The third part introduces the WTO Dispute Settlement Body's identification of public body inprevious cases. Since WTO Dispute Settlement Body has made detailed analysis on the "public body"only in DS379, it would be of great help to read the ideas in this case.As last, this thesis would give advice on how to determine whether an entity is a public bodyregulated in SCMA and whether Chinese state-owned enterprises and state-owned commercial bankswould constitute public bodies in international trade.This thesis emphasizes on the aspects of comparative laws and analysis of international practiceson judging public body.