第九讲-补贴与反补贴规则.doc

第九讲-补贴与反补贴规则
第九讲 补贴与反补贴规则
Rules of subsidies and countervailing measures
Content
Introduction
Definition and ing produces interests
It does not constitute subsidy that financial support have no benefits. Therefore, benefits are the essential condition for the funds constituting a subsidy.
Interests, or benefits, generally are understood that advantages enjoyed by funding recipients relative to those who do not receive subsidies.
the . takes countervailing measures against the lead exports of British
The original enterprise, who produces leads and exports to the ., is state-owned enterprises. However, this enterprise experiences several ownership restructuring. A buyer purchases some parts of the business in the market price. The ., on the grounds that the original subsidy exists on the new buyer, still imposes countervailing duties on leads from the new buyer.
Is this reasonable? Why?
DSU rules that the original subsidy does not produce benefits for new buyers, as it is paid with the full market price.
The criterion of interest is not the products or production, but the beneficiaries.
(2)Specific subsidy
Such subsidy explicitly limiting access to a subsidy to certain enterprise or industry or group of enterprises or industries shall be specific.
The specific subsidy has three types: enterprise specific subsidy, industry specific subsidy, region specific subsidy and prohibited subsidy.
SCM is only bounding the subsidy which has spefificity.
If adopting objective criteria or conditions governing the eligibility for, and the amount of, a subsidy, specificity shall not exist, provided that the eligibility is automatic and that such criteria and conditions are strictly adhered to.
The specificity may be also established by considering such factors as following:
use of a subsidy programme by a limited number of certain enterprises, predominant use by certain enterprises, the granting of disproportionately large amounts