MOFCOM Announcement No. 52, 2012 on Final Conclusion on the Trade Barrier Investigation against Part of the Support Policies and Subsidies for the U.S. Renewable Energy Industry
[2012-10-08 14:57:23]
Issued by: Ministry of Commerce of the People's Republic of China
Announcement No. 52, 2012
Date of Issuance: August 20, 2012
In response to the application by China Chamber of Commerce for Import and Export of Machinery and Electronic Products and China New Energy Chamber of Commerce under All-China Federation of Industry & Commerce and in accordance with the Foreign Trade Law of the People's Republic of China and the Investigation Rules on Foreign Trade Barriers formulated by the Ministry of Commerce, the Ministry of Commerce released Announcement 69, 2011 on November 25, 2011 and determined to carry out an investigation against part of the support policies and subsidies for the U.S. renewable energy industry.
The Ministry of Commerce released annual Announcement No. 26, 2012 on May 24, 2012 to announce the preliminary conclusion of the investigation and concluded that part of the support policies and subsides for the U.S. renewable energy industry violated relevant provisions of the WTO and constituted the trade barrier described in Article 3 of the Investigation Rules on Foreign Trade Barriers, namely "violate the economic and trade treaty(ies) or agreement(s) jointly concluded between or jointly participated by such country (region) and China, or fail to fulfill the obligations provided under the economic and trade treaty(ies) or agreement(s) jointly concluded between or jointly participated by such country (region) and China".
After the preliminary conclusion was released, the Ministry of Commerce continued to carry out an investigation against the consistency of part of the support policies and subsidies for the U.S. renewable energy industry with relevant provisions of the WTO. The investigation is completed. Final conclusion on the issue that whether the investigated part of the support policies and subsidies for the U.S. renewable energy industry constituted trade barrier is drawn in accordance with the investigation results and the provisions under Article 31 of the Investigation Rules on Foreign Trade Barriers (see Appendix). It is hereby to announce the related matters as follows:
After the investigation, the Ministry of Commerce concluded that the "Renewable Energy Cost Recovery Incentive Program" of Washington, U.S., the "Commonwealth Solar II Rebates" of Massachusetts, U.S., the "Wind Production and Manufacturing Incentive Program" of Ohio, U.S., the "Renewable Energy Incentive Program" and "Renewable Energy Manufacturing Incentive Program" of New Jersey, U.S. and the "Self-Generation Incentive Program" of California, U.S. constituted the prohibited subsides under Article 3 of the Agreement on Subsidies and Countervailing Measures of the WTO, violated relevant provisions under Article 3 of the Agreement on Subsidies and Countervailing Measures and Article 3 of the 1994 General Agreement on Tariffs and Trade of the WTO, distorted the international trade and constituted the trade barrier described in Article 3 of the Investigation Rules on Foreign Trade Barriers.
The Ministry of Commerce will, in accordance with the provisions under Article 33 of the Investigation Rules on Foreign Trade Barriers, take relevant measures and require the United States to cancel the content of the investigated measures which is inconsistent with the relevant provisions of the WTO and fairly treat the renewable energy products from China.
Appendix: Final Conclusion by the Ministry of Commerce of the People's Republic of China on the Trade Barrier Investigation against Part of the Support Policies and Subsidies for the U.S. Renewable Energy Industry
Ministry of Commerce of the People's Republic of China
August 20, 2012
Announcement No. 52, 2012
Date of Issuance: August 20, 2012
In response to the application by China Chamber of Commerce for Import and Export of Machinery and Electronic Products and China New Energy Chamber of Commerce under All-China Federation of Industry & Commerce and in accordance with the Foreign Trade Law of the People's Republic of China and the Investigation Rules on Foreign Trade Barriers formulated by the Ministry of Commerce, the Ministry of Commerce released Announcement 69, 2011 on November 25, 2011 and determined to carry out an investigation against part of the support policies and subsidies for the U.S. renewable energy industry.
The Ministry of Commerce released annual Announcement No. 26, 2012 on May 24, 2012 to announce the preliminary conclusion of the investigation and concluded that part of the support policies and subsides for the U.S. renewable energy industry violated relevant provisions of the WTO and constituted the trade barrier described in Article 3 of the Investigation Rules on Foreign Trade Barriers, namely "violate the economic and trade treaty(ies) or agreement(s) jointly concluded between or jointly participated by such country (region) and China, or fail to fulfill the obligations provided under the economic and trade treaty(ies) or agreement(s) jointly concluded between or jointly participated by such country (region) and China".
After the preliminary conclusion was released, the Ministry of Commerce continued to carry out an investigation against the consistency of part of the support policies and subsidies for the U.S. renewable energy industry with relevant provisions of the WTO. The investigation is completed. Final conclusion on the issue that whether the investigated part of the support policies and subsidies for the U.S. renewable energy industry constituted trade barrier is drawn in accordance with the investigation results and the provisions under Article 31 of the Investigation Rules on Foreign Trade Barriers (see Appendix). It is hereby to announce the related matters as follows:
After the investigation, the Ministry of Commerce concluded that the "Renewable Energy Cost Recovery Incentive Program" of Washington, U.S., the "Commonwealth Solar II Rebates" of Massachusetts, U.S., the "Wind Production and Manufacturing Incentive Program" of Ohio, U.S., the "Renewable Energy Incentive Program" and "Renewable Energy Manufacturing Incentive Program" of New Jersey, U.S. and the "Self-Generation Incentive Program" of California, U.S. constituted the prohibited subsides under Article 3 of the Agreement on Subsidies and Countervailing Measures of the WTO, violated relevant provisions under Article 3 of the Agreement on Subsidies and Countervailing Measures and Article 3 of the 1994 General Agreement on Tariffs and Trade of the WTO, distorted the international trade and constituted the trade barrier described in Article 3 of the Investigation Rules on Foreign Trade Barriers.
The Ministry of Commerce will, in accordance with the provisions under Article 33 of the Investigation Rules on Foreign Trade Barriers, take relevant measures and require the United States to cancel the content of the investigated measures which is inconsistent with the relevant provisions of the WTO and fairly treat the renewable energy products from China.
Appendix: Final Conclusion by the Ministry of Commerce of the People's Republic of China on the Trade Barrier Investigation against Part of the Support Policies and Subsidies for the U.S. Renewable Energy Industry
Ministry of Commerce of the People's Republic of China
August 20, 2012
Source: MOFCOM
Related Articles:
- Guangdong-Australia Trade Value Up YOY & Down MOM in May 2017
(2017-08-15) - Xiamen-USA Trade Value Up in Jan-May 2017
(2017-07-04) - Guangdong-Switzerland Trade in 2016, Export Up & Import Down
(2017-06-30) - Guangdong-Australia Trade Value Up YOY & Down MOM in May 2017
(2017-08-16) - GACC Announcement No.67, 2015 on Extending Market Purchase Mode of Trade in Tryout
(2015-12-25) - China-EU Trade Growth Slow in October 2014
(2014-12-16) - China-Kazakhstan Trade down YOY in Jan-Oct 2014
(2014-12-15) - China-Russia Trade up YOY in Oct 2014
(2014-12-15) - China Trade with Middle East up Fast in Jan-July 2014
(2014-09-18) - China-South Asia Trade up Well in Jan-July 2014
(2014-09-17)
Most Read
- GACC Announcement No.10, 2017 on China-South Korea Goods Origin Info Exchange System
(2017-02-09) - Explanations on Compilation & Release of the "China Export Leading Indicator"
(2014-07-10) - GACC Announcement No.26, 2016 on (Cross-Border E-Commerce Retail Import/Export Control)
(2016-05-10) - GACC Announcement No.46, 2015 (on Uniform Social Credit Code Implementation)
(2015-10-10) - GACC Announcement No. 32, 2016 on (Uniform Social Credit Code for Legal Persons & Organizations)
(2016-05-13) - China Tariffs Implementation Plan for 2013
(2012-12-27) - AQSIQ-CNCA Announcement No. 117, 2012 on Compulsory Certification-Free Products
(2012-08-16) - Announcement of the General Administration of Customs of P. R. China, No. 43, 2010
(2010-07-06) - China Bans Export of Protected Fossils
(2010-11-25) - MOFCOM Decree No.3, 2014 on Overseas Investment Managing Measures
(2014-10-11)
