Study On Legal Issues Of International Countervailing Duties

With the gradual development of economic globalization,the economies of various countries have far-reaching,but the frictions and disputes also occur frequently while the trade is close.In order to maintain the free and fair competition mechanism,the WTO has formulated a series of related treaties,which constrains the Member States ’ illegal and unreasonable competition means,and the international countervailing mechanism arises.Due to the late start of economic development in China,compared with other developed countries,it has a certain disadvantage,so in the import and export trade,China has adopted more subsidies to enhance the competitiveness of our export products.And the problem comes along,with the promotion of China’s international trade status and the gradual growth of market share,to the other countries of the import and export of products to bring a small pressure,foreign countries choose to take countervailing investigation to China,in order to restrain China’s export trade,but our country does have a loophole in subsidy policy and subsidy means,Consequently,the number of countervailing measures is also relatively high.According to the data,three-fourths of the countervailing investigations around the world are related to China,and China has become the biggest target in the global countervailing Wave.At present,our country’s most concerned about the problem of countervailing is whether China’s specific practices violate the relevant provisions of the WTO on countervailing measures,and pay less attention to the influence of other countries ’ subsidies on export goods on China’s related industries.Therefore,if we want to fundamentally analyze the causes of foreign countervailing subsidies to China,we must understand this mechanism in depth.Because the countervailing duty is an important part of the international countervailing Mechanism,and also the main means adopted by foreign countervailing Measures,this paper will take the countervailing duty as the research object to analyze the international countervailing tax system.In addition to the essential attribute of the general tax,the countervailing duty has a strong foreign-related nature,so the first part of this paper will explain the theory of countervailing duty,including the theoretical basis of the countervailing duty,mainly from the economic meaning and the tax law.The second part of the article will analyse the provisions of the international countervailing duty on the entity,at the same time,because the EU and the United States asthe main implementation of foreign subsidies to China,the second part of the article will be mainly based on the "GATT1994" sixth,SCM Agreement and the EU and the United States countervailing Law provisions,The main factors of countervailing duty and the cognizance of subsidy benefit are mainly analyzed.The recognition of subsidy and the main factor of countervailing duty are the key points.The third part of the article mainly analyzes the provisions of the countervailing duty procedure,which mainly includes the review system and the anti-circumvention problem in the countervailing duty.The most important of the review system is the Sunset Review system and the interim review system,mainly to review the adequacy of countervailing duty and whether it should continue.Anti-circumvention is mainly aimed at the exporters to avoid the import countries to implement countervailing measures to adopt a series of means of the system.The fourth part of the article is mainly about the analysis,in the background of the increasing frequency of countervailing investigations abroad,the concrete structure of China’s countervailing and how to perfect it,and the reflection and review of our country’s subsidy policy.China’s countervailing duty in many aspects of loopholes and gaps,if not resolved in time,will be the future of China’s countervailing duty to levy a corresponding impediment,but also not conducive to international trade.China’s current focus on a number of practical issues,mainly in order to promote the overall economic restructuring and the upgrading of Chinese manufacturing,new energy and High-tech industries as well as scientific and technological innovation issued a series of policy support.These policy supports often take the form of subsidies or subsidies,which can easily lead to countervailing investigations by the importing Governments.What needs to be clear is that these subsidies to promote technological progress and industrial upgrading are not "specific subsidies",but universal,so they should not violate WTO regulations.China should adjust subsidy policy in time to deal with international trade.