bystander
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加入时间: 2004/02/14
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作者：bystander 在 罕见奇谈 发贴, 来自 http://www.hjclub.org
反倾销措施（anti-dumping measures）与反补贴税（countervailing duties）虽然同属针对不公平贸易的保护主义措施，但两者在性质上有不同之处。根据WTO的定义，“补贴”（subsidies）是政府行为；相反，“倾销”（dumping）却属公司行为。而WTO基本上是国家与国家之间的协议，所以对前者有较明显的规范，对后者的约束力则相对较弱。至于保护主义措施是否合理（或符合WTO的原则），如你所说，有必要参考个案的细节以及相关指控的调查结果而定。
关于上述区分，可参阅以下指引：
Dumping and subsidies － together with anti-dumping (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.
The reaction to dumping and subsidies is often a special offsetting import tax (countervailing duty in the case of a subsidy). This is charged on products from specific countries and therefore it breaks the GATT principles of binding a tariff and treating trading partners equally (MFN). The agreements provide an escape clause, but they both also say that before imposing a duty, the importing country must conduct a detailed investigation that shows properly that domestic industry is hurt.
But there are also fundamental differences, and these are reflected in the agreements.
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.
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 Anti-Dumping 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.
作者：bystander 在 罕见奇谈 发贴, 来自 http://www.hjclub.org |
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滞胀世代（十三）：中美探戈舞
