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Legal Consideration on Subsidy Investigation of Foreign Countries Applied Against Chinese Exports

Author: ZhangGuiPing
Tutor: ZhaoXueQing
School: Southwest University of Political Science
Course: Legal
Keywords: Subsidy rules Countervailing Canada United States Response measures
CLC: D996.1
Type: Master's thesis
Year: 2009
Downloads: 281
Quote: 3
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Abstract


Since the reform and opening up, China's economy strong rise of the rapid growth of total exports, the trade surplus increased every year for 15 consecutive years since 1993 to become the largest foreign investment in developing countries, to break the existing world economic and trade patterns. China's rapid development opportunities for the economic development of the neighboring countries and regions and the world as a whole, some countries and regions, but also caused worries and alert. In March 2004, Canada grill on the field for the first time to bring an anti-subsidy investigation. March 30, 2007, the U.S. Department of Commerce announced its decision to apply the countervailing duty law to China and began to impose provisional countervailing duty on Chinese exports of coated paper products. The European Union is also seeking countervailing policy adjustments, provisions in accordance with the existing laws of the European Union, the EU anti-subsidy investigations does not apply to non-market economies, but the trends of the new EU law for many years, being loose, the EU has said, For non-market economies in anti-dumping investigations, market economy status, automatically apply countervailing duty investigations, and the EU can initiate countervailing investigations. These circumstances show that the changes in the external environment and the international economic situation, China has been suffering countervailing potential risks have been transformed into reality harm future cases subject to countervailing restrictions is likely to be gradually increased. Due to inadequate preparation in view of our country abroad filed anti-dumping investigations, resulting in a huge loss, it is necessary to carry out research and analysis on the issue of subsidies, and proposed the corresponding countermeasures. Subsidies in international economic law is a sensitive and complex issues, it is not just a purely legal issue, but also covers the economic, political, social and many other factors. In order to understand the subsidies related issues in the WTO subsidy rules as a starting point, the first description of the WTO subsidy countervailing overview theoretical analysis expounded the connotation of the WTO subsidy rules, the main provisions of Canada, the U.S. launched anti The subsidy investigation case empirical analysis, pointed out that some debatable cases, proposed some modifications to improve the status and the inadequacies of the current subsidies legal system, as well as the gap between WTO rules and WTO commitments, China's subsidies legal system, and how to create the subsidy regime in line with WTO rules require, respond to countervailing investigations, measures. This article reads as follows: Introduction part, mainly on the topics of motivation and meaning thesis research methods, scope and insufficient. The first part introduces the subsidy countervailing legal situation. Provisions mainly on Subsidies and Countervailing basic concepts, characteristics and classification of subsidies, the WTO Subsidies and Countervailing rules and regulations of special orientation analysis of the connotation of the WTO subsidy rules. The second part of Canada, the United States on China's export products initiated a countervailing duty investigation case empirical analysis. Analysis of Canada, the applicable laws of the United States initiated a countervailing duty investigation on China's export products, as well as some issues need to be open to question, explore the China foreign products to bring the negative impact of the countervailing duty investigation on China. The third part, the analysis of the countervailing duty investigation of the situation and the reasons for the current facing our country. Commence from the export trade is facing countervailing exacerbate the situation, analyze the reasons is that all WTO principles have begun to apply in our country, our export products lower prices and faster export growth and a huge trade surplus. Finally, analysis of the impact on China's foreign countervailing investigations. The fourth part of the analysis of subsidies and countervailing legislation, and response to foreign anti-subsidy investigation of countermeasures. First, China's subsidy system status quo, a brief description of the subsidy system defects as well as accession to the WTO commitment to implementing the Subsidies and Countervailing Measures Agreement, and a brief analysis of the of our countervailing legal system and our response to foreign anti-subsidy investigation countermeasures. Compared with the response to foreign anti-dumping practices, the countervailing issues or a newer topic. Either government or business, a lack of response to anti-subsidy investigations experience countervailing regulations of WTO Subsidies and Countervailing Measures Agreement, and the world needs to carry out in-depth research and study to better construction of the subsidy system and countervailing legislation, to be done in conformity with the WTO Subsidies and Countervailing Measures Agreement, better protect the safety and interests of our industry. Only fully research and understand the countervailing system of subsidies, to take corresponding measures for countervailing investigations brought by China's export products abroad.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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