| The U.S. countervailing investigation on Chinese products can trace back to the1990s. But the relevant domestic legal system provides that "non-market economy country" product should not be subject to countervailing duties which make the investigation end up with nothing definite. Situation changes from the coated paper case in earlier21th century, the United States began to shift its subsidy policy of China. Its domestic subsidies policy changes from the non-duties of "non-market economy country" to the compatibility of the market-oriented industry in "non-market economy country" with countervailing duties imposed by the U.S. department of commerce and then to that China has been developed to apply countervailing in China’s economic stage. Gradually, a legal way of countervailing investigation in China has been opened up.As China joined the WTO since2001, trade had made rapid development, which became the world’s second-largest exporter of goods. Meanwhile, disputes had sharply rising in Sino-US trade. At present, anti-subsidy instruments are the main remedying means in Sino-US trade. By studying how United States anti-subsidy law apply to China, China has the theoretical and practical basis for the United States dual counter-investigation against China, so that it achieves following targets:Firstly, analyzes the detailed operations of United States anti-subsidy against China, the effect of remedies it may pursue for United States domestic industries, the economic and policy fields of China it may concern or target at and the impact it may bring to China, through looking into non-market-economy status and the dual remedies of anti-dumping and anti-subsidy as well as serving specifically in the countervailing case against China. Secondly, explores relevant suggestions for China in legal aspect regarding how to further deal with these issues.Except for the introduction and conclusion, three parts are included in the thesis.The first part is the main analysis of the current situation of the U.S anti-subsidy policy to China. The external and internal reasons why China often encounter U.S countervailing investigation are analyzed. A comprehensive analysis of the market level, government level, enterprise level leads to the influence of the countervailing investigation on China’s export enterprises, which make us realize the seriousness of the U.S countervailing to China.The second part mainly analyzes the applicability of American countervailing law to China. This part includes a specific analysis of how United States bring the "non-market economy country" into the anti-subsidy law jurisdiction and the problem of the adaptability of "double reverse" measure to China which is the innovation and the most important part of the whole thesis. Through theoretical analysis, the author summarizes that there exists two special problems in the practice of the adaptability of U.S countervailing policy to China which are the problems of "non-market economy status" and the "double reverse".The third part is the strategic analysis of China’s response to the countervailing investigation. Starting from the two major problems, the author puts forward the corresponding strategies. We must ask the United States to admit the economic guide position of some of the Chinese industries. At the same time, on the basis of the firm opposition of the "double reverse" investigation, the collaboration of government, industry association, enterprise and some other related subjects must be strengthened and the domestic subsidy policy must be specified and adjusted, avoiding the the confrontation of U.S countervailing measures.After the accession of WTO, China has faced more and more challenges in the development of world economy. With the expansion of the Sino-U.S trade deficit, the trade disputes between the two countries will be more intense over the coming decades. It will be an important topic on how to establish oneself in the tide of countervailing investigation, for which China should make a full preparation. The non-market terms will fall due in2016, the U.S countervailing investigation on China will be more frequent then, which will examine the ability to cope with the crisis and urge to seek the oportunity in crisis.Predictably, the reality require our government to be more familiar with the WTO subsidy and countervailing rules, to standardize and adjust the subsidy policy at home and abroad, to clean up the existing prohibitive subsidies policy which clearly violates "the subsidies and countervailing measures agreement", to utilize actionable subsidies reasonably, to avoid the countervailing measures against. At the same time, our government should improve and refine the rules and early warning mechanism of countervailing, give full play to the linkage of the government, enterprises and industry associations, response to the countervailing investigation actively, in order that the common development of the global economy will be achieved. |
