第九讲 补贴与反补贴规则.
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The specific subsidy has three types: enterprise specific subsidy, industry specific subsidy, region specific subsidy and prohibited subsidy.→地区性/企业型/产业型/禁止性/
SCM is only bounding the subsidy which has spefificity. SCM 只管理，调整专项性补贴
(2)Specific subsidy
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.
类似出口退税，不属于补贴 （这是一个例外的规定）
Whether a measure constitutes a subsidy depends on two essential factors:
Government's financial support; The funding produces interests.
For the purpose of this Agreement, a 源自文库ubsidy shall be deemed to exist if:存在政府或任何公共机构对企业提 供的财政资助
(a) there is a financial contribution by a government or any public body within the territory of a Member; or there is any form of income or price support in the sense of Article XVI of GATT 1994;因资助而获利
(2)Specific subsidy
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 of subsidy to certain enterprises, and the manner in which discretion has been exercised by the granting authority in the decision to grant a subsidy.
Interests, or benefits, generally are understood that advantages enjoyed by funding recipients relative to those who do not receive subsidies.
the U.S. takes countervailing measures against the lead exports of British
Question 免去或部分免去在国内应 征的税，补贴？
The exemption of an exported product from duties or taxes borne by the like product when destined for domestic consumption, or the remission of such duties or taxes in amounts not in excess of those which have accrued, do you think this measurement is a subsidy?
Question
what’s the differences between subsidy and dumping?
Subsidy----behavior of government Dumping----behavior of corporate
2. Definition and classification of subsidies
第九讲 补贴与反补贴规则
Rules of subsidies and countervailing measures
Content
Introduction Definition and classification of subsidies Remedies （治疗法；补救方法）on subsidy Countervailing measures Case
放弃税收（部分或全部）
(ii) government revenue that is otherwise due is foregone or not collected (e.g. fiscal incentives such as tax credits); 投资抵税
The scope of subsidy
The original enterprise, who produces leads and exports to the U.S., is state-owned enterprises. However, this enterprise experiences several ownership restructuring. A buyer purchases some parts of the business in the market price. The U.S., on the grounds that the original subsidy exists on the new buyer, still imposes countervailing duties on leads from the new buyer. NO THERE IS NO BENEFITS ,EVEN NO GOVERNMENT FUNDING.
1.Introduction
Subsidies, are government measures, have two-sided effects. On the one hand, subsidies can promote economic development, on the other hand, subsidies would distort the resources allocation and make production deviate from the market principles which leads to unfair competition.
高买低卖
(iii) a government provides goods or services other than general infrastructure, or purchases goods;政府提供产品 或服务（低于正常价）；购买（高价）
指定委托机构来形似1-3的措施
(iv) a government makes payments to a funding mechanism, or entrusts or directs a private body to carry out one or more of the type of functions illustrated in (i) to (iii) above which would normally be vested in the government and the practice, in no real sense, differs from practices normally followed by governments;
(2)Specific subsidy专项性补贴
Such subsidy explicitly limiting access to a subsidy to certain enterprise or industry or group of enterprises or industries shall be specific.
Government's financial support
Firstly, the support is related to government or public institutions.
Secondly, the financial support has many forms. Thirdly, the government subsidy is not conditional on the
<Agreement on subsidies and countervailing measures> is aim at adjusting the subsidies and countervailing behaviors.
This agreement with Article 6, Article 16 of GATT together constitute the Subsidies and Countervailing rules of WTO.
expenditure incurred by the Government.
The funding 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.
(b) a benefit is thereby conferred.
(1)The scope of subsidy 政府补贴的四种 形式
直接的资金注入；潜在的资金或债务的直接转移
(i) a government practice involves a direct transfer of funds (e.g. grants, loans, and equity infusion), potential direct transfers of funds or liabilities (e.g. loan guarantees);
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.
From the perspective of international trade, subsidies may cause unfair competition between imported goods and domestic produced goods.
Subsidies may be the behavior of the exported country, as well as imported countries.
并不是所有补贴都被禁止的
There is a close relationship between subsidies and the economic development polices, therefore, we could not believe that all of the subsidies is strictly forbidden.
SCM is only bounding the subsidy which has spefificity. SCM 只管理，调整专项性补贴
(2)Specific subsidy
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.
类似出口退税，不属于补贴 （这是一个例外的规定）
Whether a measure constitutes a subsidy depends on two essential factors:
Government's financial support; The funding produces interests.
For the purpose of this Agreement, a 源自文库ubsidy shall be deemed to exist if:存在政府或任何公共机构对企业提 供的财政资助
(a) there is a financial contribution by a government or any public body within the territory of a Member; or there is any form of income or price support in the sense of Article XVI of GATT 1994;因资助而获利
(2)Specific subsidy
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 of subsidy to certain enterprises, and the manner in which discretion has been exercised by the granting authority in the decision to grant a subsidy.
Interests, or benefits, generally are understood that advantages enjoyed by funding recipients relative to those who do not receive subsidies.
the U.S. takes countervailing measures against the lead exports of British
Question 免去或部分免去在国内应 征的税，补贴？
The exemption of an exported product from duties or taxes borne by the like product when destined for domestic consumption, or the remission of such duties or taxes in amounts not in excess of those which have accrued, do you think this measurement is a subsidy?
Question
what’s the differences between subsidy and dumping?
Subsidy----behavior of government Dumping----behavior of corporate
2. Definition and classification of subsidies
第九讲 补贴与反补贴规则
Rules of subsidies and countervailing measures
Content
Introduction Definition and classification of subsidies Remedies （治疗法；补救方法）on subsidy Countervailing measures Case
放弃税收（部分或全部）
(ii) government revenue that is otherwise due is foregone or not collected (e.g. fiscal incentives such as tax credits); 投资抵税
The scope of subsidy
The original enterprise, who produces leads and exports to the U.S., is state-owned enterprises. However, this enterprise experiences several ownership restructuring. A buyer purchases some parts of the business in the market price. The U.S., on the grounds that the original subsidy exists on the new buyer, still imposes countervailing duties on leads from the new buyer. NO THERE IS NO BENEFITS ,EVEN NO GOVERNMENT FUNDING.
1.Introduction
Subsidies, are government measures, have two-sided effects. On the one hand, subsidies can promote economic development, on the other hand, subsidies would distort the resources allocation and make production deviate from the market principles which leads to unfair competition.
高买低卖
(iii) a government provides goods or services other than general infrastructure, or purchases goods;政府提供产品 或服务（低于正常价）；购买（高价）
指定委托机构来形似1-3的措施
(iv) a government makes payments to a funding mechanism, or entrusts or directs a private body to carry out one or more of the type of functions illustrated in (i) to (iii) above which would normally be vested in the government and the practice, in no real sense, differs from practices normally followed by governments;
(2)Specific subsidy专项性补贴
Such subsidy explicitly limiting access to a subsidy to certain enterprise or industry or group of enterprises or industries shall be specific.
Government's financial support
Firstly, the support is related to government or public institutions.
Secondly, the financial support has many forms. Thirdly, the government subsidy is not conditional on the
<Agreement on subsidies and countervailing measures> is aim at adjusting the subsidies and countervailing behaviors.
This agreement with Article 6, Article 16 of GATT together constitute the Subsidies and Countervailing rules of WTO.
expenditure incurred by the Government.
The funding 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.
(b) a benefit is thereby conferred.
(1)The scope of subsidy 政府补贴的四种 形式
直接的资金注入；潜在的资金或债务的直接转移
(i) a government practice involves a direct transfer of funds (e.g. grants, loans, and equity infusion), potential direct transfers of funds or liabilities (e.g. loan guarantees);
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.
From the perspective of international trade, subsidies may cause unfair competition between imported goods and domestic produced goods.
Subsidies may be the behavior of the exported country, as well as imported countries.
并不是所有补贴都被禁止的
There is a close relationship between subsidies and the economic development polices, therefore, we could not believe that all of the subsidies is strictly forbidden.