A Study on the Relationship between Non-market Economies and Anti-subsidy Law——From the Perspective of the American Anti-subsidy Law
Non-market economy is not a legal issue,but a political one.There are no uniform criteria among WTO members as to whether a domestic anti-subsidy law applies to other non-market economies.The US anti-subsidy law has no provisions for this critical issue.The ruling made by the Second Federal Circuit Court of Appeals in the Potash Case,however,established a judicial precedent where the US anti-subsidy law does not apply to those non-market economies.It is generally believed in China that the US government will not impose countervailing duties on imports from China.The recent Coated Free Sheet Paper Case and Definitive Anti-Dumping and Countervailing Duty Case between China and the United States have brought the issue to the front again.Although it is too early to predict the results of these two cases,it is high time that the Chinese government considered reforming its export subsidy mechanism instead of waiting till China is conferred the market economy status by the United States.