G/SCM/Q2/CHN/53  
 
19 October 2015  
(15-5473)  Page: 1/6  
Committee on Subsidies and Countervailing Measures  Original: English  
 
 SUBSIDIES 
REQUEST FROM THE UNITED STAT ES TO CHINA PURSUANT TO  
ARTICLE 25.10 OF THE AGREEMENT 
The following communication, dated 16 October 2015, is being circulated at the request of the 
Delegation of the United States.  
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  The United States notes that China has submitted only two subsidy notifications under 
Article XVI:1 of the General Agreement on Tariffs and Trade 1994 (the GATT 1994) and 
Article 25.2 of the Agreement on Subsidies and Countervailing Measures (the Agreement) in its 14 years of WTO Membership and has not notified any subsidies provided after 2008. China 
submitted its first notification (G/SCM/N/123/CHN)  in 2006; this notification covered the time 
period from 2001 to 2004. China submitted its second notification (G/SCM/N/155/CHN) in 2011; this notification covered the time period from 2005 to 2008. The United States and several other 
Members have expressed serious concerns about the lateness and incompleteness of these 
two notifications - including China's failure to notify any subsidy measures at the sub-central levels of government - and have repeatedly requested th at China submit its overdue subsidy notifications 
under Article 25.2 of the Agreement for the periods subsequent to 2008. 
 
Four years ago, in 2011, the United States filed a submission under Article 25.10 of the Agreement (G/SCM/Q2/CHN/42) listing nearly 200 subsidy measures that appeared as if they should have 
been notified by China. Although not required by  the Agreement, translations of each of these 
measures were also made available.  While China has questioned whether all the measures in the 
Article 25.10 submission were properly included, Ch ina has not questioned the vast majority of the 
measures at issue and to date has not notified any of these uncontested measures.  
 In 2012, the United States invoked Article 25.8 of  the Agreement and made a written request for 
information on the nature and extent of numerous assistance programs granted or maintained by 
China (G/SCM/Q2/CHN/46). Despite its obligation under Article 25.9 of the Agreement to provide 
answers "as quickly as possible and in a comp rehensive manner", China did not meaningfully 
respond to the United States' request. In light of China's failure to substantially respond, the 
United States sought out, collected copies of, and translated into English the measures that 
established or implemented the assistance progra ms addressed in the United States' Article 25.8 
request and last fall filed its second submission under Article 25.10 of the Agreement  
(G/SCM/Q2/CHN/51). 
 In the spring of 2014, the United States invoked Article 25.8 of the Agreement again, and made a 
written request for information on the nature and extent of a comprehensive support regime for 
China's so-called "strategic emerging industries" (SEIs).
1 Although this support policy is perhaps 
China's primary industrial support policy for the 12th Five-Year planning period (2011-2015), it has 
not been notified. Once again, despite its obligation under Article 25.9 of the Agreement to provide 
answers "as quickly as possible and in a comprehensive manner", China to date has not 
meaningfully responded to the United States' request and has refused repeated requests to meet bilaterally to discuss the issue and the issue of su bsidy notification more generally. In light of 
                                               
1 See, G/SCM/Q2/CHN/50. G/SCM/Q2/CHN/53 
 
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  China's failure to substantially respond, the United States, once again, has no other choice but to 
avail itself of the mechanism under Article 25.10.2 
 As we noted previously, in 2010, China's State Council announced its decision to support the 
development of SEIs through a wide range of support policies. Subsequently, China's central and 
sub-central authorities have issued dozens, if not hundreds of measures, for the 12th Five-Year planning period that target the development of the SEI sectors.  
 
The United States notes that the list below is merely illustrative of the universe of SEI measures in China. The United States considers that these measures, along with any other additional measures implementing them, should be subject to notification to the Committee on Subsidies and 
Countervailing Measures (the Committee) under Article XVI:1 of the GATT 1994 and Article 25.2 of 
the Agreement, because they appear to provid e specific subsidies within the meaning of 
Articles 1.1 and 2 of the Agreement.  
 
The United States requests that China notify these measures to the Committee under Article 25.10 of the Agreement. Should a notification not be ma de promptly, the United States reserves its right 
to raise the alleged subsidies for discussion at the next regular meeting of the Committee. 
 
I. State Council Decision on SEIs 
 
1. State Council Decision on Accelerating the Cultivation and Development of Strategic 
Emerging Industries, State Council , Guo Fa [2010] No. 32 (10 October 2010). 
 II. Central Government SEI Funding Measures 
 
2. Notice on Advancing the Focus of Strategic Emerging Industries' Key Generic Technologies 
and Key Products (First Batch),  Ministry of Industry and Information Technology, Gong Xin Bu Gui 
[2012] No. 318 (4 July 2012). 
 3. Interim Measure on the Administration of the Strategic Emerging Industries Development 
Special Fund , Ministry of Finance, National Development and Reform Commission, Cai Jian [2012] 
No. 1111 (31 December 2012).  4. Guideline on Strategic Emerging Industries Special Bond Issuance , National Development 
and Reform Commission, Fa Gai Ban Cai Jin [2015] No. 756 (31 March 2015). 
 III. Sub-Central SEI Funding Measures 
 
5. Beijing Municipality Opinion on the Implementation of Accelerating the Cultivation and 
Development of Strategic Emerging Industries , Beijing Municipal People's Government, Jing Zheng 
Fa [2011] No. 38 (21 July 2011). 
 6. Fujian Province Plan on the Implementation of Accelerating the Development of Strategic 
Emerging Industries , Fujian Provincial People's Government, Min Zheng [2011] No. 104 
(10 December 2011). 
 7. Jiangxi Province Interim Measure on the Administration of the Strategic Emerging Industries 
Investment Guidance Fund , Jiangxi Provincial People's Government (27 March 2012). 
 8. Shandong Province 12th Five-Year Plan on Strategic Emerging Industries Development , 
Shandong Provincial People's Government, Lu Zheng Fa [2012] No. 42 (2 November 2012). 
 9. Shanghai Municipality Measure on the Administration of the Strategic Emerging Industries 
Development Special Fund , Shanghai Municipal Development and Reform Commission, Shanghai 
Municipal Department of Finance, Hu Fu Fa [2012] No. 72 (4 August 2012). 
 
                                               
2 In April of 2015, the United States also submitted Article 25.8 questions to China regarding numerous 
fishery support programs (See, G/SCM/Q2/CHN/52). To date, these questions have not been answered. G/SCM/Q2/CHN/53 
 
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  10. Opinion on the Implementation of State Council Deployment of Accelerating the Cultivation 
and Development of Strategic Emerging Industries , Guangdong Provincial People's Government, 
Yue Fu [2011] No. 87 (20 July 2011).  
11. Gansu Province Plan on the Implementation  of the Strategic Emerging Industries 
Development Overall Campaign , Gansu Provincial People's Government, Gan Zheng Fa [2014] 
No. 87 (15 September 2014). 
 
12. Gansu Province Measure for the Administration of the Strategic Emerging Industries 
Development Provincial-Level Financial Funding Investment , Gansu Provincial People's 
Government, Gan Zheng Ban Fa [2014] No. 176 (3 November 2014). 
 
13. Zhejiang Province Interim Measure on the Administration of the Strategic Emerging 
Industries Finance Special Fund , Zhejiang Province Department of Finance, Zhe Cai Qi [2012] 
No. 152 (22 May 2012). 
 14. Ningbo City Rule on the Strategic Emerging Industries Development Special Administration 
(Trial),  Ningbo City Accelerating the Cultivation and Development of Strategic Emerging Industries 
Work Leading Small Group Office, Yong Xi n Ling Ban [2013] No. 2 (9 April 2013).  
 15. Ninghai County Opinion on the Implementation of Accelerating the Cultivation and 
Development of Strategic Emerging Industries , Ninghai County People's Government, Ning Dang 
Fa [2013] No. 27 (16 August 2013).  
16. Ninghai County Notice on Transmitting Down  the 2015 Ningbo City Strategic Emerging 
Industries Development Special Financial Subsidies , Ninghai County Development and Reform 
Bureau, Ninghai County Finance Bureau, Ning Fa Gai [2015] No. 23 (22 May 2015). 
 
17. CPC Wenzhou City Ouhai District Commission and Wenzhou City Ouhai District People's 
Government Opinion on the Implementation of Accelerating the Cultivation and Development of Strategic Emerging Industries (Trial),  CPC Wenzhou City Ouhai District Commission, Wenzhou City 
Ouhai District People's Government, Ou Wei Fa [2012] No. 91 (20 July 2012). 
 18. Ouhai District Measure on the Administration of the Cultivation and Development of 
Strategic Emerging Industries Special Fund (Trial),  Wenzhou City Ouhai District People's 
Government, Wen Ou Zheng Ban Fa [2013] No. 79 (9 May 2013).  
19. Sichuan Province Measure on the Use and Administration of the Strategic Emerging 
Industries Development Special Fund , Sichuan Provincial People's Government, Chuan Ban Fa 
[2012] No. 22 (11 April 2012).  
20. Sichuan Province Rule on the Implementation of the Measure on the Use and Administration 
of the Strategic Emerging Industries Development Special Fund , Sichuan Province Industrialization 
and Urbanization Work Leading Small Group, Chuan Gong Cheng [2012] No. 1 (4 June 2012). 
 
21. Jiangsu Province Interim Measure on the Admini stration of the Provincial-Level Strategic 
Emerging Industries Development Special Fund , Jiangsu Provincial People's Government, Su Zheng 
Ban Fa [2012] No. 172 (25 September 2012). 
 22. Heilongjiang Province 12th Five-Year Plan on Strategic Emerging Industries Development , 
Heilongjiang Provincial Development and Reform Commission (19 August 2015). 
 
23. Xinjiang Uyghur Autonomous Region Interim Measure on the Administration of the Strategic 
Emerging Industries Special Fund , Xinjiang Uyghur Autonomous Region Department of Finance, 
Xinjiang Uyghur Autonomous Region Economic and Informatization Commission, Xin Cai Jian 
[2011] No. 728 (29 November 2011).  
IV. SEI Guiding Catalogues 
 24. Collection of Public Comment for the Cata logue on Strategic Emerging Industries 
Classification , Ministry of Industry and Information Technology Operations Monitoring and 
Coordination Department (12 November 2012). G/SCM/Q2/CHN/53 
 
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25. Catalogue on the Guidance of Strategic Emerging Industries Key Products and Services , 
National Development and Reform Commission, Public Notice 2013 No. 16 (22 February 2013).  
26. Hunan Province Catalogue on the Guidance of Strategic Emerging Industries Key Crucial 
Generic Technology Development , Hunan Province Accelerating New Industrialization Work Leading 
Small Group Office (5 August 2013). 
 
27. Sichuan Province Economic and Informatization Commission Catalogue on the Guidance of 
Strategic Emerging Industries Development (2011),  Sichuan Provincial Economic and 
Informatization Commission Office, Chuan Ji ng Xin Xin Xing [2011] No. 196 (22 April 2011). 
 
28. Sichuan Province Catalogue on the Guidance of Strategic Emerging Industries (Products) 
Development (2014),  Sichuan Provincial Economic and Informatization Commission Office, Chuan 
Jing Xin Ban Xin Xing [2014] No. 43 (29 April 2014). 
 29. Zhejiang Province Catalogue on the Guidance of Strategic Emerging Industries Development 
(2011),  Zhejiang Economic and Informatization Commission, Zhe Jing Xin Tou Zi [2011] No. 622 
(6 November 2011).  30. Fujian Province Notice for Public Comment on  the Catalogue on the Guidance of Strategic 
Emerging Industries Key Products and Services (Revised Draft),  Fujian Provincial Development and 
Reform Commission, Fujian Provincial Economic and Informatization Commission, Min Fa Gai Gao Ji [2014] No. 762 (8 December 2014). 
 
31. Fujian Province Catalogue on the Guidance of  Strategic Emerging Industries Key Products 
and Services (2015 Version) , Fujian Provincial Development and Reform Commission, Fujian 
Provincial Economic and Informatization Commission, Min Fa Gai Gao Ji [2015] No. 47 
(5 February 2015).  V. Central-Level SEI 12th Five-Year Plans 
 
32. 12
th Five-Year Plan on National Strategic Emerging Industries Development , State Council, 
Guo Fa [2012] No. 28 (9 July 2012). 
 
33. 12th Five-Year Plan on Energy-Saving and Environmental Protection Industry Development , 
State Council, Guo Fa [2012] No. 19 (16 June 2012).  
 
34. 12th Five-Year Plan on Renewable Energy Development , National Development and Reform 
Commission, Fa Gai Neng Yuan [2012] No. 1207 (6 July 2012).  
35. 12
th Five-Year Plan on Environmental Protection Equipment , Ministry of Industry and 
Information Technology, Ministry of Finance, Gong Xin Bu Lian Gui [2011] No. 622 (28 December 2011). 
 
36. 12
th Five-Year Special Plan on Smart Grid Key Technology Industrialization Engineering , 
Ministry of Science and Technology (27 March 2012). 
 
37. 12th Five-Year Special Plan on Semiconductor Lighting Technology Development , Ministry of 
Science and Technology, Guo Ke Fa Ji [2012] No. 772 (3 July 2012).  
38. 12
th Five-Year Plan on Internet Industry Development , Ministry of Industry and Information 
Technology (4 May 2012).  
39. 12
th Five-Year Plan on Electronic Information Manufacturing Industry Development , Ministry 
of Industry and Information Technology (24 February 2012).  
40. 12
th Five-Year Special Plan on China's Cloud Technology Development , Ministry of Science 
and Technology, Guo Ke Fa Ji [2012] No. 907 (3 September 2012).  41. 12
th Five-Year Plan on Internet of Things Development , Ministry of Industry and Information 
Technology (28 November 2011). G/SCM/Q2/CHN/53 
 
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42. 12th Five-Year Plan on Integrated Circuit Industry Development , Ministry of Industry and 
Information Technology, Gong Xin Bu Gui [2011] No. 565 (5 December 2011).  
43. 12
th Five-Year Plan on Telecommunications Industry Development , Ministry of Industry and 
Information Technology (4 May 2012).  
44. 12
th Five-Year Plan on Software and Information Technology Services Industry Development , 
Ministry of Industry and Information Technology (6 April 2012).  45. 12
th Five-Year Plan on Biotechnology Development , Ministry of Science and Technology, Guo 
Ke Fa She [2011] No. 588 (14 November 2011). 
 46. 12
th Five-Year Plan on Medical Technology Development , Ministry of Science and 
Technology, Ministry of Health, State Food and Drug Administration, State Administration of 
Traditional Chinese Medicine, Ministry of Education, National Population and Family Planning Commission, Chinese Academy of Sciences, China Academy of Engineering, National Science 
Foundation of China, People's Liberation Army General Logistics Department and Health 
Department, Guo Ke Fa Ji [2011] No. 552 (28 October 2011).  47. 12
th Five-Year Plan on High-end Equipmen t Manufacturing Industry Development , Ministry of 
Industry and Information Technology (7 May 2012). 
 48. 12
th Five-Year Plan on New Materials Industry Development , Ministry of Industry and 
Information Technology (4 January 2012). 
 49. 12
th Five-Year Special Plan on High-Performance Membrane Materials Technology 
Development , Ministry of Science and Techno logy, Guo Ke Fa Gao [2012] No. 895 
(21 August 2012).  50. 12
th Five-Year Plan on Energy-Saving and New Energy Automotives Industry Development  
(2012-2020),  State Council, Guo Fa [2012] No. 22 (28 June 2012). 
 51. 12
th Five-Year Special Plan on Electric Vehicles Technology Development , Ministry of Science 
and Technology, Guo Ke Fa Ji [2012] No. 195 (27 March 2012). 
 52. 12
th Five-Year Special Plan on High Quality Specialized Steel Technology Development , 
Ministry of Science and Technology (6 August 2012). 
 53. Semiconductor Light Energy-Saving Industry Plan , National Development and Reform 
Commission, Ministry of Science and Technology, Mi nistry of Industry and Information Technology, 
Ministry of Finance, Ministry of Housing and Urban Development, General Administration of Quality 
Supervision, Inspection, and Quarantine, Fa Gai Huan Zi [2013] No. 188 (30 January 2013).  
VI. Sub-Central SEI 12th Five-Year Plans 
 54. Zhejiang Province 12th Five-Year Plan on  Energy Technology Equipment Industry 
Development , Zhejiang Provincial Development and Reform Commission, Zhe Fa Gai Gui Hua 
[2012] No. 489 (7 May 2012).  55. Beijing Municipality 12th Five-Year Plan on Biological and Pharmaceutical Industry 
Development , Beijing Municipal Commission of Economy and Information Technology 
(October 2011).  
56. Guangdong Province 12th Five-Year Plan on LED Industry Development , Guangdong 
Provincial People's Government, Yue Ke Han Gui Hua Zi [2011] No. 487 (2011).  
57. Jiangsu Province 12th Five-Year Plan on the Cultivation and Development of Strategic 
Emerging Industries , Jiangsu Provincial People's Government, Su Zheng Fa [2011] No. 186 
(28 December 2011).  G/SCM/Q2/CHN/53 
 
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  58. Shanghai Municipality 12th Five-Year Plan on Strategic Emerging Industries Development , 
Shanghai Municipal People's Government, Hu Fu Fa [2012] No. 1 (4 January 2012).  59. Guangdong Province 12th Five-Year Plan on Strategic Emerging Industries Development , 
Guangdong Provincial People's Government, Yue Fu Ban [2012] No. 15 (6 March 2012). 
 60. Sichuan Province 12th Five-Year Plan on Strategic Emerging Industries Development , 
Sichuan Provincial People's Government, Chuan Ban Fa [2011] No. 74 (11 November 2011). 
 61. National Development and Reform Commission, Ministry of Finance Opinion on the Guidance 
of Pushing Forward Area Strategic Emerging Industries' Cluster Development Pilot Work (Trial),  
National Development and Reform Commission, Ministry of Finance, Fa Gai Gao Ji [2012] No. 3438 
(31 October 2012).  
62. National Development and Reform Commission, Mini stry of Finance Notice on Organizing and 
Implementing Strategic Emerging Industries Area Cluster Development Pilots , National 
Development and Reform Commission, Ministry of Finance, Fa Gai Gao Ji [2014] No. 1179 
(4 June 2014). 
 63. Notice on Transmitting the Guangdong Province Strategic Emerging Industries Area Cluster 
Development Pilot Project Fund Arrangement Plan , Guangdong Province Development and Reform 
Commission, Guangdong Province Economic and Informatization Commission, Guangdong Province 
Department of Science and Technology, Guangdong Province Department of Finance (17 November 2014). 
 
64. Anhui Provincial People's Government Opinion on  Accelerating the Construction of Strategic 
Emerging Industries Cluster Development Bases , Anhui Provincial People's Government, Wan 
Zheng [2015] No. 48 (25 April 2015). 
 
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