subsidies and countervailing measures new
DESCRIPTION
TRANSCRIPT
Subsidies and Countervailing Measures in International Trade
Subsidies and Countervailing Measure
1. Definition and features 2. International legislation on
subsidies 3. Categories4. Remedies
monetary support or financial preference
Government/ public body
Domestic producer/ exporter
promote the competitive ability of domestically produced goods in local and international market.
May harmful, Protective device
Definition and features
• I. Definition (Art 1 of SCM)– It is the final contribution, income or price
support by a government or any public body within a territory of a Member to domestic producers and exporters.
– Subject •A government or any public body within a Member
– Beneficiary Object •Domestic producers or exporters
Definition and features
• I. Definition (Art 1 of SCM)– Forms
• 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)
• Forego or do not collect a due government revenue • A government provides goods or services, or
purchases goods• A government makes payments to a agent to carry
out above functions• Any form of income or price support
Definition and features • II. Features
– Governmental Behavior– To domestic manufacturers and exporters– various forms (legislation, administrative act,
monetary support or duty-free) – Aim——promote the competitive ability of
domestically produced goods in local and international market
– Effect ——benefit conferred, so as to hinder import and encourage export
– Specificity (must be restricted)
Specificity
• Principle of determination of specificity
A subsidyEnterprises
Industry certain enterprises located within a designated geographical region
Prohibited subsidy
1. ~ in law • Legislation or pursuant to which government operate
explicitly indicate the subsidy limit to certain enterprises2. ~ in fact
• Strictly adhered to the objective criteria established in the legislation, but are not automatically granted subsidy
International legislations on subsidies
• Art6,Art16 of GATT1947 • Tokyo Round Subsidy Code in 1979• Agreement on Subsidies and
Countervailing Measures (SCM) in 1994– Totally 11 parts, 32 provisions and 7 annexes
(Substantial and procedural problems)– Contains a definition of subsidy– Introduces the concept of a "specific" subsidy
Categories (Part II-IV of SCM)
• Prohibited subsidies• Actionable subsidies• Non-actionable subsidies
Prohibited subsidies• Subsidies that require recipients to
meet certain export targets, or to use domestic goods instead of imported goods.
• specifically designed to distort international trade, and are therefore likely to hurt other countries' trade.
Red subsidy
Total 12 types in Annex1
Actionable subsidiesYellow subsidy
• Adverse effect• Injury to the domestic industry of another Member
• Nullification or impairment of benefits accruing directly or indirectly from GATT1994 to other Members
• Serious injury to the interests of another Member
Be permitted Be Restricted
Adverse effect on other Members
No Yes
ActionableMay take
countervailing measuresNon-actionable
Non-actionable subsidies• Non-specific subsidies• Specific subsidies
– Research subsidies • covers not more than 75% of
the costs of industrial research, or
• not more than 50% of the costs of pre‑competitive development activity
– Assistance to disadvantaged regions
– Environmental subsidies • Assistance for adapting
existing facilities to new environmental laws or regulations.
Green subsidy
•Cannot be challenged in the WTO's dispute settlement procedure, and countervailing duty cannot be used on subsidized imports.
Comparison of different subsidiesProhibited Actionable
Effect “Injury” not be considered
“Injury” must be considered
Content 12 types clearly listed in Annex1
Not clarified
determination
Clear legal criteria
No criteria, depends on discretion of authorityProhibited/
ActionableNon-actionable
Specific? Yes No (exceptions)
Get remedies?
Yes.Restricted by SCM
No.Justified
Remedies (parallel mechanism)
• By WTO Dispute Settlement System– Initiative Body-
Government
• By Domestic Countervailing Investigation• Initiative Body-
Domestic industry or government
Prohibited ~ Actionable ~ •Non-actionable ~
Consultation within 30 days within 60 days
/Panel process within 90 days within 120 days
Appeal to DSB within 30~60 days within 60~90 days
Implementation Withdraw subsidy or retaliation
Withdraw subsidy or retaliation
Countervailing Investigation
1. Provisional Measures
2. Undertaking3. Imposition and
Collection of Countervailing Duties
Initiation
Consultation
Investigation
1 y
ear, a
t most 1
8 m
onth
s
Existence of subsidyAmount of subsidy
Injurycausality
Administrative review
Judicial review
Obligation of the Member who initiate
investigation
Provisional Measures
• Form: provisional countervailing duties (cash deposits or bonds)
• Requirement for application– An investigation has been initiated (no sooner than 60days from
the initiation)– Interested members and parties have been given adequate
opportunities to submit information and make comments– A preliminary affirmative determination
• A subsidy exists
• There is injury to a domestic industry caused by subsidized imports;
– Necessary to prevent injury being caused during the investigation.
• Duration– Normally less than 4 months.
Undertaking-after a preliminary affirmative determination
• The government of the exporting member agrees to eliminate or limit the subsidy or take other measures concerning its effects
• The exporter agrees to revise its prices so that the investigating authorities are satisfied that the injurious effect of the subsidy is eliminated
• Investigation maybe suspended or terminated without the imposition of provisional measures or countervailing duties
Countervailing Duties
• After a final affirmative determination– The existence and amount of the subsidy – The effects of the subsidy, the subsidized
imports are causing injury
Imposition and collection of countervailing duties
•Not excess of the amount of the subsidy•Last 5 years