世界贸易组织WTO课件规则解读中英版栾信杰 ISBN9787566308696 WTO专题补贴与反补贴.ppt

AD-CVD Dumping and subsidies — together with anti-dumping (AD) measures and countervailing duties (CVD) — share a number of similarities. Many countries handle the two under a single law, apply a similar process to deal with them and give a single authority responsibility for investigations. Occasionally, the two WTO committees responsible for these issues meet jointly. 一、概述 Dumping is an action by a company. With subsidies, it is the government or a government agency that acts, either by paying out subsidies directly or by requiring companies to subsidize certain customers. (To be continued) But the WTO is an organization of countries and their governments. The WTO does not deal with companies and cannot regulate companies’ actions such as dumping. Therefore the Anti-Dumping Agreement only concerns the actions governments may take against dumping. With subsidies, governments act on both sides: they subsidize and they act against each others’ subsidies. Therefore the subsidies agreement disciplines both the subsidies and the reactions. 《GATT 1994》第6条和第16条确立了WTO关于补贴(Subsidies)和反补贴(Anti-Subsidies)的基本原则。WTO《补贴与反补贴措施协定》(Agreement on Subsidies and Countervailing Measures, SCM Agreement)[1]则是WTO关于补贴和反补贴的实施细则 二、 SCM 协定的宗旨 This agreement does two things: it disciplines the use of subsidies, and it regulates the actions countries can take to counter the effects of subsidies. It says a country can use the WTO’s DSM to seek the withdrawal of the subsidy or the removal of its adverse effects. Or the country can launch its own investigation and ultimately charge extra duty (known as “countervailing duty”) on subsidized imports that are found to be hurting domestic producers. 三、补贴的定义（Art. 1) WTO《补贴和反补贴措施协定》所管辖的“补贴”是指那些专项的或特定的（specific）的补贴，通过这种补贴使补贴接受方获得利益。 The definition contains three basic elements: (i) a financial contribution; (ii) by a government or any public body within the territory of a Member; (iii) which confers a benefit. All three of