规则的背后:美国对华实施首次反补贴调查剖析

美国在2005年颁布《美国贸易权利执行法案》后,将反补贴的国内立法适用到包括中国在内的所谓非市场经济体的输美产品。贸易救济权是平等赋予世贸组织所有成员的,仅仅从规则本身来看,美国对华实施反补贴调查于法有据。但它是在美国对华贸易保护主义定势思维的惯性下启动的,是与《补贴与反补贴措施协议》倡导的公平贸易的精神背道而驰的。规则背后隐藏着贸易保护主义动机的对华贸易壁垒。

An Anatomy on the USA Anti-subsidy Investigation against Chinese Imports

After the enactment of the U.S. Trade Rights Enforcement Act, the domestic anti-subsidy act of U.S.A.has been applied to the so-called non-market economies, such as China. All WTO members have equal status before the WTO Rules and the right to seek for trade remedies has been conferred to all WTO members. Taking the WTO Rules into consideration, we may find that the USA anti-subsidy investigation against Chinese imports has its legal basis. However, we have to point out that the investigation had been initiated on the basis of a habitual and protective thinking of U.S. industries and officials and it's a fundamental breach of the merits of Fair Trading advocated by SCM. It is a hidden barrier to Sino-U.S. trade under the disguise of trade remedies.