"SCM Agreement" Identified In The "public Institution"

In recent years, our country suffer from foreign countervailing anti-dumpinginvestigation frequently, have a significant impact on import and export trade. In2006and2008, the United States launched. In the case, the United States claims that China"state-owned enterprises" and "state-owned commercial Banks" constituted thesubsidies and countervailing agreement article1.1(a)(1) described in the "publicbody", and there is a heated debate.Papers aimed at the case on the basis of revolve around "public body", in order tocope with future subsidy cases in China. The article is divided into six parts, first ofall, this paper introduces the basic facts, WT/DS379case perspective and expoundsthe determination of the both sides involved in the standard and the focus of thedispute, the panel and appellate body’s ruling. Secondly, gives the rules of treatyinterpretation, from the Angle of "public body", put forward the author recognizedstandards. The third part analyzed China "state-owned enterprises" should not beregarded as "the subsidies and countervailing measures agreement" in the publicinstitutions; The fourth part analyzes “the China’s state-owned commercial Banks“”should not be regarded as public institutions, which provide preferential loans andtherefore cannot form to perform sexual subsidies; Finally, the paper in view of theabove questions put forward the coping strategies of similar case, and expounds theauthor support point of view.