(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 AntiDumping 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.
WTO补贴与反补贴规则
WTO Rules of Subsidies and Countervailing Measures
AD-CVD
Dumping and subsidies — together with antidumping (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.
1、What is financial contribution?
The SCM Agreement requires a financial contribution and contains a list of the types of measures that represent a financial contribution, e.g., grants, loans, equity infusions, loan guarantees, fiscal incentives, the provision of goods or services, the purchase of goods.
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;
一、概述
（一）反补贴与反倾销的不同 The Differences between AD and CVD 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.
(ii) by a government or any public body within the territory of a Member;
(iii) which confers a benefit.
All three of these elements must be satisfied it.
2、A “Specific” Subsidy
A subsidy available only to an enterprise, industry, group of enterprises, or group of industries in the country (or state, etc) that gives the subsidy. The disciplines set out in the agreement only apply to specific subsidies. They can be domestic or export subsidies.
《GATT 1994》第6条和第16条确立了WTO 关于补贴(Subsidies)和反补贴(AntiSubsidies)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.