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利益传递是美国上游补贴规则的核心环节。美国商务部在多年实践中为抵消上游补贴对自由竞争造成的损害确立了可供操作、相对严格的竞争性利益传递检测方法,其中“公平交易”和“关联”构成其主要检测要素。但美国商务部在将上游补贴规则的适用拓展至农产品加工、国际财团和上下游产业构成交叉所有权情形时,却规避了竞争性利益传递检测的实施。我国运用上游补贴规则应注意把握美国的最新实践和发展趋势。
Benefit transfer is the core of the upstream subsidy rules in the United States. For many years, the United States Department of Commerce set up a comparatively strict and competitive method for the detection of competitive benefits in order to offset the damage caused by upstream subsidies to free competition. Among them, “fair trade” and “related” constitute the major tests Elements. However, when the U.S. Department of Commerce expanded the application of the upstream subsidy rules to the processing of agricultural products and the cross-ownership of the international consortia and the upstream and downstream industries, it evaded the implementation of the detection of the transfer of competitive benefits. In applying the rules of upstream subsidy, our country should pay attention to grasp the latest practice and development trend in the United States.