Professional Documents
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Approach to subsidisationsubsidisationASCM
Categorisation
Prohibited Subsidy Art. 3 Actionable subsidies NonNon-actionable subsidies
Actionable subsidy
Specific subsidies causing adverse effects (injury, serious prejudice, nullification and impairment) are actionable Action and DSU panel process in all cases and through countervailing duty investigation for imports Remedy is removal of adverse effects of the subsidy or imposition of countervailing duty on imports
NonNon-actionable subsidy
No action can be taken against subsidies that are nonnon-specific - determined on the basis of Eligibility based on objective criteria or conditions Eligibility automatic, criteria strictly adhered to Criteria are neutral, economic in nature and horizontal in application No predominant use by certain enterprises Up to 1999 specific given for R &D, assistance to disadvantaged regions and for environmental purposes were non-actionable. Now lapsed non-actionable.
S&D Provisions
Flexibilities for Annex VII countries including India Export subsidies not prohibited (Art 27. 27.2(a)) subject to reaching export competitiveness Enhanced subsidy margin of 3% and volume of subsidized imports of 4% / 9% not subject to countervailing duties
When Does Subsidy Exist- Art 1 ExistFinancial contribution Direct / potential direct transfer of funds Revenue otherwise due foregone Provision of goods or services excluding general infrastructure Entrustment by Government of above functions Or Income / price support AND Benefit thereby conferred. conferred.
Footnote 1- Important exemption 1 Exemption of an exported product From duties or taxes borne by a like product destined for domestic consumption Not deemed a subsidy
Specific Subsidies
Article 1.2 provides that a subsidy shall be countervailable only if such a subsidy is specific Criteria for specificity Prohibited subsidies Enterprise specificity Industry specificity Regional specificity Two broad categories in Article 2 De jure specific subsidies DeDe-facto specific subsidies
Specific Subsidies de-jure de A subsidy is de-jure specific if de Access to the subsidy explicitly limited to certain enterprises. If access is limited based on objective criteria then it would not be a specific subsidy Prohibited subsidies are deemed specific To be determined with reference to the jurisdiction of the granting authority.
Prohibited Subsidies
Local content subsidies Export subsidies-Illustrative List in subsidiesAnnex I Remedy through DSU Defaulting member required to withdraw the subsidy or face countercounter- measures
Grants
Direct Transfer of funds :Amount received Tax exemption: Amount of tax payable at applicable rate Tax reduction: Amount of tax payable at applicable rate tax paid Accelerated depreciation: Amount of tax payable under normal depreciation schedule amount actually paid Interest rate subsidies: Amount of interest saved by the recipient In all above cases add an amount for interest during period of investigation.
Provision of Goods and Services by the Government- Art. 14(d) Government Subsidy = Adequate remuneration for the product/service in relation to prevailing market conditions in the domestic market price paid by the firm Adequacy of remuneration Establish that same goods/services provided both by government and private operation Subsidy = price charged by government price charged by private operators for comparable purchase to i) concerned company; else ii) comparable companies in the same sector; else iii) in the economy as a whole
Expense Vs Allocation
Two broad exercises required for allocation Attribution to the POI of a portion of subsidies granted before the POI but whose effects extend over a number of years Allocation of the subsidy amount attributed to POI to per unit of the like product.
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