Legal Issues Of The Countervailing Investigation In Industrial Damage Consider

According to the provisions of Agreement on Subsidies and Countervailing Measures and some practice of World Trade Organization, meanwhile take the relative legislation and judicial practice of America and EU as references, this dissertation was written to study the core issue in the anti-subsidy investigation--the injury caused by subsidies, in order to find out the original meaning of injury analysis within the WTO framework, seek the equitable and reasonable method of the injury investigation, and offer some suggestions on limiting the power in decision making of certain authorities of the WTO members. This dissertation comprises 6 chapters.Chapter 1 introduces the major differences and relations on some basic concept of the classification of subsidies made respectively by WTO, America and EU, and explores some relations on certain concept between anti-subsidies and anti-dumping area.Chapter 2 develops the two important areas in the injury analysis--"like product" and "domestic industry". By means of comparing with the relative legislation and practice of America and EU, sets forth the conception, methods of determination and some relative exceptional rules.Chapter 3 interprets the three types of injury--material injury to a domestic industry, threat of material injury to a domestic industry and material retardation of the establishment of a domestic industry.From the view of practicing, Chapter 4 goes on to explore the three basic elements in injury analysis, which are the volume of the subsidized imports, the effect of the subsidized imports on prices in the domestic market for like product and the consequent impact of these imports on the domestic producers of such products.Chapter 5 mainly discusses the "cumulative assessment", especially the conditions of the cumulative assessment, such as being investigated simultaneously, the mutual competition and de minimis criteria, etc.Chapter 6 is the epilogue.