Analysis Of Benefit Transfer Rules In Upstream Subsidy

With the rapid development of international trade,the trade of goods between countries has become more and more frequent and convenient.But when it comes to enjoying the benefits of trade,some trade disputes have followed.Governments in order to protect domestic enterprises in the international market competitiveness,and through some fiscal policy to give domestic industry in the field of some benefits,then will lead to some trade disputes.In recent years,China has been increasingly involved in both subsidies and countervailing cases,whether as the defendant of anti-subsidy cases or the complainant of anti-subsidy cases.Due to a government's direct subsidies to other countries and the WTO dispute settlement body take countervailing measures to some countries will use legal loopholes,through indirect subsidies in order to continue to improve the international competitiveness of their products.The WTO has already implemented the ruling on the upstream subsidy cases,and our country also initiated anti-subsidy investigation on the American white feather chicken products in 2009 and finally adopted anti-subsidy measures.However,there is no legal provisions on upstream subsidy in China,so we need to enact upstream subsidy and anti-subsidy legislation as soon as possible to make up for the deficiency of China's anti-subsidy regulations.The full text is carried out according to the following five chapters.In chapter 1,the comparative analysis of upstream subsidy and general subsidy isdivided into three parts.The first part mainly describes the meaning,characteristics of upstream subsidy and the particularity of the upstream subsidy compared with the general subsidy.The second part describes the impact of upstream subsidies,including the impact of upstream subsidies on exporters and importers.The third part introduces the transfer of the benefit of subsidy,including the meaning and classification of the benefits,and the meaning of the transfer of subsidy benefit.In chapter 2,the provisions of the rules of upstream subsidy in the United States mainly describe two parts.On the one hand,it introduces the definition of upstream subsidy and anti-subsidy rules in the American countervailing tax law.Secondly expounds the anti-subsidy tax law in the United States on the upstream subsidies decision rules,the need to meet three conditions: products(final product)in the middle of the surveyed existing subsidies,the final product won the competing interests and competitive production or manufacturing costs of the final product have a significant impact.Chapter three: the analysis of the benefit transfer of upstream subsidy.This paper expounds the attitude of the WTO dispute settlement body to subsidize the benefit in the upstream subsidy.There are three main points,namely,the transfer of subsidy benefit and the transfer of the benefit of subsidy and the market value is the benchmark of the transfer of the subsidy benefit.Chapter iv the practice of upstream subsidies and countervailing cases.This paper mainly analyzes the countervailing investigation of white feather chicken products from the United States in 2009.In the case,China's ministry of commerce analyzed the existence of upstream subsidies and subsidies and demonstrated how the subsidy benefits were passed from the upstream intermediate to the producers of the white broilers.Chapter five the enlightenment and reference of upstream countervailing system.This paper mainly discusses the urgency of establishing upstream subsidy and countervailing system in our country.Due to the practice of upstream subsidy caseinvestigation in China,it is imperative to improve the anti-subsidy legislation in our country.Moreover,the relevant legal system of upstream subsidy in China has certain rationality and conforms to the needs of practice in our country.Views of the author of the United States laws and regulations and the WTO after detailed analysis,combining the practice of our country existing,believe our country should as soon as possible into to the perfection of legal system of subsidies and countervailing.Because no matter from the perspective of international law,or a representative of the rules of the American legal system,and determined to see past practice in our country,complete build of upstream subsidies and interest transfer rule is imminent.