TL;DRAbstract
”Treating goods provided by SOEs as subsidies” is the practice adopted by the US government. The US DOC, by adopting the ”majority shareholder” standard, regards Chinese SOEs in all 15 investigations as ”public body”, and, by setting peculiar burdens of proof, has made the above-mentioned conclusion irrefutable. In US-Anti Dumping and Countervailing Duties, the Appellate Body ruled that the correct legal standard should be the exertion of ”government authority”. This decision is of great importance to China. The Chinese government should adopt legal as well as political measures in order to make certain of the implementation of this decision.
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”Treating goods provided by SOEs as subsidies” is the practice adopted by the US government. The US DOC, by adopting the ”majority shareholder” standard, regards Chinese SOEs in all 15 investigations as ”public body”, and, by setting peculiar burdens of proof, has made the above-mentioned conclusion irrefutable. In US-Anti Dumping and Countervailing Duties, the Appellate Body ruled that the correct legal standard should be the exertion of ”government authority”. This decision is of great importance to China. The Chinese government should adopt legal as well as political measures in order to make certain of the implementation of this decision.
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