16 February 2009

To be published in the Federal Register on February 17, 2009.

http://www.federalregister.gov/OFRUpload/OFRData/2009-03293_PI.pdf

[BILLING CODE 3190-W9-P] 


OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE 
[Docket No. WTO/DS387] 


WTO Dispute Settlement Proceeding Regarding China – Grants, Loans and Other 
Incentives 


AGENCY: Office of the United States Trade Representative. 


ACTION: Notice; request for comments. 


SUMMARY: The Office of the United States Trade Representative (“USTR”) is providing 
notice that on December 19, 2008, in accordance with the Marrakesh Agreement Establishing the 
World Trade Organization (“WTO Agreement”), the United States requested consultations 
regarding certain measures granting offering grants, loans, and other incentives to enterprises in 
China. That request may be found at www.wto.org contained in a document designated as 
WT/DS387/1. USTR invites written comments from the public concerning the issues raised in 
this dispute. 


DATES: Although USTR will accept any comments received during the course of the dispute 
settlement proceedings, comments should be submitted on or before March 16, 2009 to be 
assured of timely consideration by USTR. 


ADDRESSES: Comments should be submitted electronically to www.regulations.gov, docket 
number USTR-2009-0003. If you are unable to provide submissions by www.regulations.gov, 
please contact Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of 
transmission. If (as explained below), the comment contains confidential information, then the 
comment should be submitted by fax only to Sandy McKinzy at (202)395-3640. 



FOR FURTHER INFORMATION CONTACT: Joseph A. Laroski Jr., Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th Street, N.W., Washington, 
D.C. 20508, (202) 395-7310. 


SUPPLEMENTARY INFORMATION: On December19, 2008, the United States requested 
consultations regarding certain measures offering grants, loans, and other incentives to 
enterprises in China, apparently in part to implement an industrial policy of promoting the 
development of global Chinese brand names, and to increase sales of Chinese- branded and other 
Chinese merchandise around the world. The U.S. consultation request addresses two central 
government famous Chinese brand programs, and numerous sub-central government measures 
implementing these programs. At the central government level, China established the “Famous 
Export Brand” program and the “China World Top Brand” program. These measures set out 
criteria for an enterprise to receive a designation by the Ministry of Commerce (MOFCOM) as a 
“Famous Export Brand” or a designation by the Administration of Quality Supervision, 
Inspection and Quarantine (AQSIQ) as a “China World Top Brand.” Enterprises with these 
designations are entitled to various government preferences, including, it appears, financial 
support tied to exports. The U.S. consultation request also addresses several independent sub-
central government subsidy programs that appear to benefit Chinese exports. 


A. These grants, loans, and other incentives are reflected in the following measures, as well 
as any amendments and any related or implementing measures: 


The instruments below, which relate to the China World Top Brand Program: 


1. Circular on Carrying Out Evaluation of Products to Be Recognized as China World Top 
Brand; 

2. Circular on Application of China World Top Brands in 2006; 

3. Circular on Application of China World Top Brands in 2008; 

4. Measures for the Administration of Chinese Name-Brand Products; 

5. Notice Concerning the Issuing of Opinions on Promoting the Brand-Driven Strategy & 
Its Incentive Measures; 

6. Notices Concerning Printing and Distributing the Implementation Regulation on 
Economic Development Fund Supporting Industrial Technology Progress in Futian District 
Shenzhen; 

7. Notices of Gansu Provincial People's Government Concerning Printing and Distributing 
Incentive Methods for Enterprises Entitled with Famous Brand Products in Gansu Province; 

8. Notice on Methods of Implementing Brand Praise and Incentive for Industrial Enterprises 
in Guangxi Zhuang Autonomous Region; 

9. Several Related Policies on Implementation of Guiyang's Science and Technology 
Development Planning During the "Eleventh Five-Year Plan" (2006-2010); 

10. Opinions of the Party Committee and People's Government of Jinhua City on Promoting 
the Building of "Jinhua Brand;" 

11. Circular of Jiujiang Municipal People's Government on Adjusting and Enriching the 
Incentive Policy for Creating a City of Brand; 

12. Circular on Printing and Distributing the Method of Nanhai District, Foshan City for 
Supporting and Awarding Independent Innovation, Brand Drive and Enterprise IPO; 

13. Opinions of Nanping Municipal People's Government on Supporting Development of 
Key Industrial Enterprise; 

14. Opinions on Promoting Fast and Healthy Development of Characteristic Manufacturing 
Industry through Implementing Industrial Upgrading Projects ; 

15. Circular of Sichuan Provincial People's Government on Printing and Distributing the 
"Opinions on Forcefully Pressing Ahead Industrial Brands Strategy in Sichuan;" 

16. Circular on Forwarding the Detailed Reward Rules for the Strategy of Drive with Top 
Brands in Suzhou City; 

17. Circular on Forwarding the Policy Measures for Pushing on the Strategy of Drive with 
Top Brands; 

18. Notice Issued by the Office of Wenzhou Municipal Government for the Distribution of 
Quality & Branding Award Management Measures in Wenzhou; 

19. Opinions of Wuyi County Party Committee and People's Government on Further 
Encouraging and Promoting the Development of SMEs; 

20. Notices Concerning Printing and Distributing the Implementing Regulations Issued by 
the Bureau of Finance and the Economic Development Administration of Xiamen to Support the 
Development of High Quality Well-Known Products in Xiamen; 

21. Suggestions on Supporting Key Industrial Enterprises Issued by the People's Government 
of Yandu District, Yancheng City; 

22. Suggestions on Accelerating the Implementation of Brand Strategy; 

23. Circular on Ensuring Proper Use and Management of Guangdong Brand Development 
Fund; and 

24. Notice of Issuing the Directive on Supporting the Development of Name Brands for 
Export. 


The instruments below, which relate to the Chinese Famous Export Brand Program: 


1. Circular of the General Office of the State Bureau of Quality Supervision, Inspection and 
Quarantine for Issuing the "Measures for the Control of Evaluation of Chinese Famous-Brand 
Products (for Trial Implementation);" 

2. Notice of General Office of Ministry of Commerce Concerning Recommending 
Candidates of "Chinese Export Famous Brands ;" 

3. Notice of Issuing the Directive on Supporting the Development of Name Brands for 
Export; 

4. Circular of Changxing County People's Government on Further Promoting Foreign Trade 
Development; 

5. Opinions of Deqing County People's Government on Strengthening the Building of 
Advanced Manufacturing Bases; 

6. Circular on Printing and Distributing the Policy Opinions for Accelerating Innovative 
Development of Industrial Economy; 

7. Notice Concerning the Issuing of Opinions on Promoting the Brand-Driven Strategy & 
Its Incentive Measures; 

8. Circular on Printing and Distributing the "Provisional Regulation on the Use of Fujian 
Export Brand Development Fund;" 

9. Circular of the Foreign Trade and Economic Cooperation Department of Fujian Province 
on Recommending Candidate Enterprise for the 2008-2009 "Famous Export Brands the Foreign 
Trade and Economic Cooperation Department of Fujian Province Mainly Cultivates and 
Develops [Foreign Trade and Economic Cooperation Department of Fujian Province]; 

10. Circular on Printing and Distributing the Opinions on Recognizing "Famous Export 
Brands the Foreign Trade and Economic Cooperation Department of Guangdong Province 
Mainly Cultivates and Develops;" 

11. Suggestions on the "Export Brands Particularly Cultivated and Developed by the 
Department of Foreign Trade and Economic Cooperation Department of Guangdong Province" 
(Revised Edition); 

12. Notices Concerning Alternative Name List Supplementary to the Export Brands 
Particularly Cultivated and Developed by the Department of Foreign Trade and Economic 
Cooperation of Guangdong Province; 

13. Circular on Ensuring Proper Use and Management of Guangdong Brand Development 
Fund; 

14. Notice Regarding Support Policies to Promote the Development of Our City's Foreign 
Trade and Economic Cooperation for 2005; 

15. Notice of the Administrative Office of the Hangzhou Municipal People's Government on 
Revision of the Evaluation and Selection Requirements and Award Measures for the"Golden 
Dragon Awards" in Hangzhou's Foreign Trade Export; 

16. Directives of the Administrative Office of the Hangzhou Municipal People's Government 
on Promoting the Development of Independent Export Brands; 

17. Circular of the Provincial Department of Commerce, Development and Reform 
Commission, Economic Commission, Department of Finance, Department of Science and 
Technology, Bureau of State Tax, Administration for Industry and Commerce, Bureau of Quality 
and Technical Supervision, and Entry-Exit Inspection and Quarantine Bureau of Heilongjiang 
Province and Harbin Customs on Printing and Distributing the "Guiding Opinions of 
Heilongjiang Province on Supporting the Development of Famous Export Brands; 

18. Circular on Printing and Distributing the Newly Revised "Method for Selection of Henan 
Famous Export Brands;" 

19. Guiding Opinions on Supporting the Development of Henan (Famous) Export Brands in 
the "11th Five-Year Plan" Period; 

20. Notice Regarding Selection of 2007-2008 "Jiangsu Province Export Brands for Focused 
Cultivation and Development;" 

21. Opinion on Promoting Better and Quicker Development of Private Economy; 

22. Opinion of the Party Committee and People's Government of Jinhua City on Promoting 
the Building of "Jinhua Brand" 

23. Opinions of Jindong District Party Committee and People's Government of Jinhua City 
on Accelerating Industrial and Export-Oriented Economic Development; 

24. Circular of Jiujiang Municipal People's Government on Adjusting and Enriching the 
Incentive Policy for Creating a City of Brand; 

25. Circular on Printing and Distributing the Method of Nanhai District, Foshan City for 
Supporting and Awarding Independent Innovation, Brand Drive and Enterprise IPO; 

26. Notice of the Department of Commerce and Department of Finance of Ningxia Hui 
Autonomous Region on Printing and Issuing the Administrative Measures of Ningxia Hui 
Autonomous Region for the Awarding and Promoting of Brand Export Commodities; 

27. Notice of the People's Government of Quanzhou Fengze District on Issuing Regulations 
Concerning the Support to Key Enterprises; 

28. Opinion on Promoting Fast and Healthy Development of Characteristic Manufacturing 
Industry through Implementing Industrial Upgrading Projects; 

29. Notice on Printing and Distribution of 2006 Policies for Encouraging the Development of 
Foreign Trade & Economic Cooperation in Shandong; 

30. Opinions of Shaoxing Municipal People's Government on Further Encouraging the 
Development of Open Economy in Urban Areas; 

31. Circular of Sichuan Provincial People's Government on Printing and Distributing the 
"Opinions on Forcefully Pressing Ahead Industrial Brands Strategy in Sichuan ;" 

32. Circular on Forwarding the Detailed Reward Rules for the Strategy of Drive with Top 
Brands in Suzhou City; 

33. Circular on Forwarding the Policy Measures for Pushing on the Strategy of Drive with 
Top Brands; 

34. Circular on Forwarding the Opinions of Foreign Trade Office of Tianjin Municipal 
Government on Accelerating Development of Proprietary Export Brands of Tianjin City; 

35. Circular of Wuxing District People's Government of Huzhou City on Further 
Encouraging Foreign Trade Development; 

36. Opinion of Wuyi County Party Committee and People's Government on Further 
Encouraging and Promoting the Development of SMEs; 

37. Measures for Managing Xiamen 's Key Export Enterprise Assistance Fund; 

38. Notice from the Xiamen Trade Development Bureau and the Xiamen Finance Bureau on 
the publishing of Measures for Managing Xiamen's Key Export Enterprise Assistance Fund 
Implementation Plan; 

39. CPC Committee of Yinzhou District, Ningbo City People's Government of Yinzhou 
District, Ningbo City Opinions on Promoting Economic Development of Yinzhou District; 

40. Notices on Publication of Interim Procedures on Management of Zhejiang Province 
Export Brands Fund; 

41. Notice Concerning Relevant Policies on Promotion of Foreign Trade & Economic 
Development in 2005; 

42. Suggestions on Accelerating the Implementation of Brand Strategy; 

43. Notice Issued by the Office of Wenzhou Municipal Government for the Distribution of 
Quality & Branding Award Management Measures in Wenzhou; 

44. Opinions on Accelerating Open Economy of Organizations Directly Under Municipal 
Government; 

45. Opinion of Nanping Municipal People's Government on Supporting Development of Key 
Industrial Enterprises; 

46. Circular on Printing and Distributing the Interim Measures of Yangzhou City for 
Administration of the Incentive Fund for Famous-brand Export Products; 

47. Implementing Rules of Support Policies for Patented Brands of Service Outsourcing 
Companies by Zhabei District; 

48. Notices for Evaluation and Rewards of 2008-2009 Export Brand Particularly Cultivated 
and Developed in Heilongjiang; 

49. Measures for the Administration of Famous-brand (Industrial) Products of Guangdong 
Province; 

50. Measures for the Administration of Famous-Brand (Agricultural) Products of Guangdong 
Province; and 

51. Circular of Ministry of Commerce, China Export & Credit Insurance Corporation 
Concerning Utilizing Export Credit Insurance to Support the Development of Name Brand 
Export. 


The instruments below, which appear to contain independent sub-central government subsidy 
programs: 


1. Notice Regarding Support Policies to Promote the Development of Our City's Foreign 
Trade and Economic Cooperation for 2005; 

2. Opinions of Jindong District Party Committee and People's Government of Jinhua City 
on Accelerating Industrial and Export-Oriented Economic Development; 

3. Opinions of Shaoxing Municipal People's Government on Further Encouraging the 
Development of Open Economy in Urban Areas; 

4. Notice Concerning Relevant Policies on Promotion of Foreign Trade & Economic 
Development in 2005; 

5. Circular of the Provincial Department of Commerce, Development and Reform 
Commission, Economic Commission, Department of Finance, Department of Science and 
Technology, Bureau of State Tax, Administration for Industry and Commerce, Bureau of Quality 
and Technical Supervision, and Entry-Exit Inspection and Quarantine Bureau of Heilongjiang 
Province and Harbin Customs on Printing and Distributing the "Guiding Opinions of 
Heilongjiang Province on Supporting the Development of Famous Export Brands; 

6. Opinions on Accelerating Open Economy of Organizations Directly Under Municipal 
Government; 

7. Circular of Nanchang Municipal People's Government on Printing and Distributing the 
Interim Measures for Administration of Nanchang Foreign Trade Development Fund; 

8. Trial Opinions of Jiangdong District, Ningbo City on Promoting Steady Foreign Trade 
Development; 

9. Opinions of Jiangdong District, Ningbo City on Promoting Steady Foreign Trade 
Development; 

10. 2005 Policies for Encouraging the Development of Foreign Trade & Economic 
Cooperation in Shandong; 

11. Notice on Printing and Distribution of 2006 Policies for Encouraging the Development of 
Foreign Trade & Economic Cooperation in Shandong; 

12. Notice on Printing and Distribution of 2003 Policies for Encouraging and Expanding 
Foreign Trade Export to Shandong; 

13. 2004 Policies for Encouraging the Development of Foreign Trade & Economic 
Cooperation in Shandong; 

14. Circular of Wuxing District People's Government on Further Encouraging the 
Development of Open Economy in Urban Areas; 

15. Measures for Managing Xiamen 's Key Export Enterprise Assistance Fund; 

16. Notice from the Xiamen Trade Development Bureau and the Xiamen Finance Bureau on 
the publishing of Measures for Managing Xiamen's Key Export Enterprise Assistance Fund 
Implementation Plan; 

17. Opinions on Further Accelerating the Development of Open Economy; 

18. CPC Committee of Yinzhou District, Ningbo City People's Government of Yinzhou 
District, Ningbo City Opinions on Promoting Economic Development of Yinzhou District; 

19. Notices on Publication of Interim Procedures on Management of Zhejiang Province 
Export Brands Fund; 

20. Circular on Changxing County People's Government on Further Promoting Foreign 
Trade Development; 

21. Notices Concerning Printing and Distributing the Implementation Regulation on 
Economic Development Fund Supporting Industrial Technology Progress in Futian District 
Shenzhen; 

22. Notice Issued by the Office of Wenzhou Municipal Government for the Distribution of 
Quality & Branding Award Management Measures in Wenzhou; 

23. Notice of the Administrative Office of the Hangzhou Municipal People's Government on 
Revision of the Evaluation and Selection Requirements and Award Measures for the"Golden 
Dragon Awards" in Hangzhou's Foreign Trade Export; 

24. Directives of the Administrative Office of the Hangzhou Municipal People's Government 
on Promoting the Development of Independent Export Brands; 

25. Notice of the People's Government of Quanzhou Fengze District on Issuing Regulations 
Concerning the Support to Key Enterprises; 

26. Notice on Recommending of Alternative Name List for 2005-2006 "Export Brand 
Merchandise in Shanghai;" 

27. Implementing Rules of Support Policies for Patented Brands of Service Outsourcing 
Companies by Zhabei District; 

28. Notice of Shanghai Municipal Commission of Foreign Trade and Economic Cooperation 
for Carrying out Confirmation of 2007-2008 "Export Brands in Shanghai;" 

29. Measures on Promoting the Development of the City OpenEconomy in 2006; 

30. Notices for Evaluation and Rewards of 2008-2009 Export Brand Particularly Cultivated 
and Developed in Heilongjiang; 

31. Notice Regarding Support Policies to Promote the Development of Our City's Foreign 
Trade and Economic Cooperation for 2005; and 

32. Notice Regarding Selection of 2007-2008 "Jiangsu Province Export Brands for Focused 
Cultivation and Development." 


B. The measures referred to in Section A above appear to constitute prohibited subsidies 
under WTO rules. Specifically, they provide grants, loans, and other incentives to enterprises in 
China on the condition that those enterprises meet certain export performance criteria . 
USTR believes that these measures are inconsistent with China’s obligations under Article 3 of 
the Agreement on Subsidies and Countervailing Measures, Articles 3, 9, and 10 of the 
Agreement on Agriculture, paragraph 12.1 of Part I of the Protocol on the Accession of the 
peoples’ Republic of China (“Acession Protocol”), as well as paragraph 1.2 of Part I of its 
Accession Protocol (to the extent that it incorporates paragraph 234 of the Report of the Working 
Party on the Accession of China), which forms part of the terms of accession agreed between 
China and the WTO and is an integral part of the WTO Agreement. Finally, USTR believes that 
the grants, loans, and other incentives are inconsistent with Article III:4 of the GATT 1994 to the 
extent that the measures benefit Chinese-origin products but not imported products. 


Public Comment: Requirements for Submissions 


Interested persons are invited to submit written comments concerning the issues raised in this 
dispute. Persons may submit public comments electronically to www.regulations.gov docket 
number USTR-2009-0003. If you are unable to provide submissions by www.regulations.gov, 
please contact Sandy McKinzy at (202)395-9483 to arrange for an alternative method of 
transmission. 


To submit comments via www.regulations.gov, enter docket number USTR-2009-0003 on the 
home page and click “go”. The site will provide a search-results page listing all documents 
associated with this docket. Find a reference to this notice by selecting “Notice” under 
“Document Type” on the left side of the search-results page, and click on the link entitled “Send 
a Comment or Submission.” (For further information on using the www.regulations.gov 
website, please consult the resources provided on the website by clicking on “How to Use This 
Site” on the left side of the home page.) 


The www.regulations.gov site provides the option of providing comments by filling in a 
“General Comments” field, or by attaching a document. It is expected that most comments will 
be provided in an attached document. If a document is attached, it is sufficient to type “See 
attached” in the “General Comments” field. 


A person requesting that information contained in a comment submitted by that person be treated 
as confidential business information must certify that such information is business confidential 
and would not customarily be released to the public by the submitter. Confidential business 
information must be clearly designated as such and the submission must be marked “BUSINESS 
CONFIDENTIAL” at the top and bottom of the cover page and each succeeding page. Any 
comment containing business confidential information must be submitted by fax to Sandy 
McKinzy at (202) 395-3640. A non-confidential summary of the confidential information must 
be submitted to www.regulations.gov. The non-confidential summary will be placed in the 
docket and open to public inspection. 


Information or advice contained in a comment submitted, other than business confidential 
information, may be determined by USTR to be confidential in accordance with section 
135(g)(2) of the Trade Act of 1974 (19 U.S.C. § 2155(g)(2)). If the submitter believes that 
information or advice may qualify as such, the submitter – 


(1) Must clearly so designate the information or advice; 

(2) Must clearly mark the material as “SUBMITTED IN CONFIDENCE” 
at the top and bottom of the cover page and each succeeding page; and 

(3) Must provide a non-confidential summary of the information or advice. 


Any comment containing confidential information must be submitted by fax to Sandy McKinzy 
at (202) 395-3640. A non-confidential summary of the confidential information must be 
submitted to www.regulations.gov or by fax. The non-confidential summary will be placed in 
the docket and open to public inspection. 


USTR will maintain a docket on this dispute settlement proceeding, accessible to the public. The 
public file will include non-confidential comments received by USTR from the public with 
respect to the dispute; if a dispute settlement panel is convened or in the event of an appeal from 
such a panel, the U.S. submissions, any non-confidential submissions, or non-confidential 
summaries of submissions, received from other participants in the dispute; the report of the 
panel; and, if applicable, the report of the Appellate Body. 


Comments will be placed in the docket and open to public inspection pursuant to 15 CFR 
2006.13, except confidential business information exempt from public inspection in accordance 
with 15 CFR 2006.15 or information determined by USTR to be confidential in accordance with 


19 U.S.C. 2155(g)(2). Comments open to public inspection may be viewed on the 
www.regulations.gov website. 


Daniel Brinza, 
Assistant United States Trade Representative 
for Monitoring and Enforcement 


[FR Doc. 2009-3293 Filed 02/13/2009 at 8:45 am; Publication Date: 02/17/2009]