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The Study On Determination Of The Subsidies Specifically Under U.S.A Countervailing Investigation

Posted on:2018-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhengFull Text:PDF
GTID:2416330515966275Subject:Law
Abstract/Summary:PDF Full Text Request
The countervailing investigation in the United States is distinctive in legal provisions,specific standard,even the range of the definition and so on,and has been playing a guiding role in the development of WTO countervailing rules.In the countervailing investigation,the identification of the specificity of the subsidy refers to a confirming process whether the survey object is in line with the specific subsidy standard prescribed by "Subsidy and Countervailing Measures Agreement" when launching a countervailing investigation against products from some country.The United States has a wealth of practice in this area,and such practices not only promote the development of international trade rules,but also influence the global international trade by spreading its identification standards involved in cases.The main problems in the practice of specificity identification in the United States are the differences between US domestic legislation and practice and international treaties.The contradiction between the "unfavorable presumption" rule and the principle of "affirmative evidence",and the expansion of the scope of"certain enterprises",have seriously negative effects on normal international trade,and the study of these differences is of great significance to international trade and China's response to countervailing investigations.Before the study of specificity identification,it is necessary to illuminate specific standard of subsidies,specificity identification procedures,evolution and clarify contradictions and unreasonableness in the specificity identification process through(?)study.And the difference between international treaty and the United States domestic law is the main reason.International trade should be based on fairness and justice,and any practice that violates the purposes of international treaties should not be applied in a long or even repeated manner.The practice of breaking the existing rules in the current anti-subsidy practice in the United States should be limited.China should actively submit evidence in the face of anti-subsidy investigation and conduct sufficient proof to prove that China stands for the approval of the International Trade Dispute Settlement Body in the absence of a clear international treaty.
Keywords/Search Tags:Countervailing Investigation, Specificity Identification, Specific Subsidy, American Countervailing Law
PDF Full Text Request
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