US Asks for Info on Subsidies at WTO

·      Review of subsidy notifications from members

·      National legislation

·      Semi-annual reports of members on countervailing duty actions

·      Revised proposal submitted by the United States for ensuring timely responses to questions posed by members under Article 25.8 of the SCM Agreement. Article 25.8 states that any member may, at any time, make a written request for information on the nature and extent of any subsidy granted or maintained by another member

The need to improve transparency through the submission of timely and complete subsidy notifications was once again a key theme at the WTO’s Committee on Subsidies and Countervailing Measures, which met on 26 April.

Eleven members took the floor at the start of the meeting to express their strong opposition to the invasion of Ukraine. The Russian delegate responded by saying that the WTO was not the proper venue for a discussion of this nature.

The chair of the committee, Ms Noriko Teranishi of Japan, once again highlighted the problem of missing subsidy notifications. The WTO's Agreement on Subsidies and Countervailing Measures (SCM) requires WTO members to submit notifications of any subsidies they provide which are “specific”, i.e. subsidies given to a particular enterprise or industry, or a group of enterprises or industries.

The most recent background note prepared by the WTO Secretariat shows that between 1995 and 2019, the percentage of members that have failed to make a notification rose sharply as WTO membership increased, from 25% to 58%, a record high.

Despite reminders to members to submit their notifications in time, 94 members have still not submitted their 2021 notifications, the chair noted, despite the deadline being mid-2021. In addition, 78 members still have not submitted their 2019 subsidy notifications, and 67 have still failed to submit their 2017 notifications. The chair strongly urged all WTO members to submit their notifications as soon as possible and use the technical assistance available through the WTO Secretariat if help is needed in filing the notifications.

Seven delegations took the floor to urge members to step up their efforts and ensure timely submission of notifications.

The committee continued to discuss the revised proposal submitted by the United States for ensuring timely responses to questions posed by members under Article 25.8 of the SCM Agreement. Article 25.8 states that any member may, at any time, make a written request for information on the nature and extent of any subsidy granted or maintained by another member, or for an explanation of the reasons for which a specific measure has been considered as not subject to the requirement of notification.

Review of subsidy notifications from members

The committee reviewed new and full subsidy notifications for 2021 submitted by Albania, Australia, Brazil, Canada, Chile, China, Costa Rica, Ecuador, El Salvador, the European Union and its member states, Georgia, Honduras, Hong Kong China, Iceland, Israel, Japan, Kazakhstan, the Republic of Korea, Liechtenstein, Madagascar, Malaysia, Mauritius, New Zealand, Norway, the Philippines, Seychelles, Singapore, Chinese Taipei, Thailand, Ukraine, the United Kingdom and the United States.

The committee continued its review of 2021 subsidy notifications from Cambodia, Montenegro, Macao China and Lao PDR as well as 2019 subsidy notifications from Argentina, China, the Dominican Republic, the European Union, Indonesia, Mexico, Russia and the United States. The committee also continued its review of a 2017 notification from Mexico, a 2015 notification from China, and a 2009 notification from Gabon.

The committee continued discussions on a proposal from Australia, Canada, the European Union, Japan, New Zealand, Chinese Taipei, the United Kingdom and the United States to amend procedures for the review of new and full subsidy notifications.

National legislation

The committee reviewed new notifications of countervailing duty legislation submitted by Brazil, Cameroon, India and the United States and continued its review of the legislative notifications of Cameroon, India, Saint Kitts and Nevis, Peru, Ghana and Kenya.

Semi-annual reports of members on countervailing duty actions

The committee went over the semi-annual reports of countervailing duty actions submitted by Australia, Brazil, Canada, China, Colombia, the European Union, India, Mexico, Peru, Chinese Taipei, Turkey, the United Kingdom, the United States and Viet Nam.

In addition to the semi-annual reports, the SCM Agreement requires members to submit notifications without delay of all preliminary and final countervailing duty actions taken. Reports received from Australia, Brazil, Canada, China, the European Union, India, the United Kingdom and the United States were reviewed by members.

Other matters

Australia, Canada, the European Union, Japan, the United Kingdom and the United States once again placed a separate item on the agenda regarding subsidies and overcapacity.

Australia, Canada, the European Union, Japan, the United Kingdom and the United States also placed a separate item on the agenda regarding China’s publication and inquiry point obligations under China's Protocol of WTO Accession.

Under “other business”, China raised its questions posed to the United States under Article 25.8 of the Agreement.