WORLD TRADE  
ORGANIZATION  WT/DS387/1 
G/L/879 
G/SCM/D81/1 G/AG/GEN/79 
7 January 2009 
 
(09-0022) 
 Original:   English 
 
 
 
CHINA – GRANTS, LOANS AND OTHER INCENTIVES 
 
Request for Consultations by the United States  
 
 
 The following communication, dated 19 December 2008, from the delegation of the United States to the delegation of China and to the Chairman of the Dispute Settlement Body, is 
circulated in accordance with  Article 4.4 of the DSU. 
 
_______________ 
 
  My authorities have instructed me to request  consultations with the Government of the 
People's Republic of China pursuant to Articles 1 and 4 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes , Article XXII:1 of the General Agreement on 
Tariffs and Trade 1994  ("GATT 1994"), Articles 4 and 30 of the Agreement on Subsidies and 
Countervailing Measures  ("SCM Agreement"), and Article 19 of the Agreement on Agriculture , with 
regard to certain measures offering grants, loans, and other incentives to enterprises in China.  As 
required by Article 4.2 of the SCM Agreement, a Stat ement of Available Evidence is attached to this 
request for consultations. 
 
A. These grants, loans, and other incentives are reflected in the following measures, as well as 
any amendments or any related or implementing measures:  I. The instruments below, which relate to the China World Top Brand Program:  
 CWTB-1. Circular on Carrying Out Evaluation of Pr oducts to Be Recognized as China 
World Top Brand ;
1 
  CWTB-2. Circular on Application of China World Top Brands in 2006 ;
2 
 
 CWTB-3. Circular on Application of China World Top Brands in 2008 ;3 
  CWTB-4. Measures for the Administrati on of Chinese Name-Brand Products ;
4 
  CWTB-5. Notice Concerning the Issuing of Opin ions on Promoting the Brand-Driven 
Strategy & Its Incentive Measures ;
5 
                                                      
1 GZJZ [2005] No. 95. 
2 ZJZH [2006] No. 11. 
3 ZJZH [2008] No. 23. 
4 AQSIQ Order No. 12 (December 29, 2001). 
5 FFB [2007] No. 274. WT/DS387/1, G/L/879,  
G/SCM/D81/1, G/AG/GEN/79 Page 2 
 
 
   
 CWTB-6. Notices Concerning Printing and Distributing the Implementation Regulation 
on Economic Development Fund Suppor ting Industrial Technology Progress 
in Futian District Shenzhen ;
6 
 
 CWTB-7. Notices of Gansu Provincial People's Government Concerning Printing and 
Distributing Incentive Methods for En terprises Entitled with Famous Brand 
Products in Gansu Province ;7 
 
 CWTB-8. Notice on Methods of Implementing Brand Praise and Incentive for 
Industrial Enterprises in Guangxi Zhuang Autonomous Region ;8  
  CWTB-9. Several Related Policies on Implementation of Guiyang's Science and 
Technology Development Planning During the "Eleventh Five-Year Plan" 
(2006-2010) ;
9 
  CWTB-10 Opinions of the Party Committee and People's Government of Jinhua City on 
Promoting the Building of "Jinhua Brand" ;
10 
  CWTB-11. Circular of Jiujiang Municipal Peop le's Government on Adjusting and 
Enriching the Incentive Policy for Creating a City of Brand ;
11 
  CWTB-12. Circular on Printing and Distributing the Method of Nanhai District, Foshan 
City for Supporting and Awarding Inde pendent Innovation, Brand Drive and 
Enterprise IPO ;
12 
 
 CWTB-13. Opinions of Nanping Municipal People's Government on Supporting 
Development of Key Industrial Enterprise ;13 
  CWTB-14. Opinions on Promoting Fast and Hea lthy Development of Characteristic 
Manufacturing Industry through Im plementing Industrial Upgrading 
Projects ;
14 
  CWTB-15. Circular of Sichuan Provincial People's Government on Printing and 
Distributing the "Opinions on Forcefully Pressing Ahead Industrial Brands 
Strategy in Sichuan" ;
15 
 
 CWTB-16. Circular on Forwarding the Detailed Reward  Rules for the Strategy of Drive 
with Top Brands in Suzhou City ;16 
 
                                                      
6 FBF [2007] No. 53. 
7 GZF [2007] No. 72. 
8 Gui Zheng Ban Fa [2007] No. 42. 
9 ZFF [2006] No. 51. 
10 SW [2006] No. 21. 
11 JZW [2007] No. 93. 
12 NF [2007] No. 128. 
13 Nan Zheng Zong [2007] No. 219. 
14 QWF [2007] No. 20. 
15 CFF [2007] No. 38. 
16 SFB [2005] No. 109.  WT/DS387/1, G/L/879,  
 G/SCM/D81/1, G/AG/GEN/79  Page 3 
 
 
   CWTB-17. Circular on Forwarding the Policy Measures for Pushing on the Strategy of 
Drive with Top Brands ;
17 
  CWTB-18. Notice Issued by the Office of We nzhou Municipal Government for the 
Distribution of Quality & Branding Award Management Measures in 
Wenzhou ;
18 
  CWTB-19. Opinions of Wuyi County Party Committee and People's Government on 
Further Encouraging and Promoting the Development of SMEs ;
19 
 
 CWTB-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 ;20 
 
 CWTB-21. Suggestions on Supporting K ey Industrial Enterprises Issued by the People's 
Government of Yandu District, Yancheng City ;21 
  CWTB-22. Suggestions on Accelerating the Implementation of Brand Strategy ;
22 
 
 CWTB-23. Circular on Ensuring Proper Use and Management of Guangdong Brand 
Development Fund ;23 
  CWTB-24. Notice of Issuing the Directive on Supporting the Development of Name 
Brands for Export .
24 
 
II. The instruments below, which relate to the Chinese Famous Export Brand Program:   FXB-1. Circular of the General Office of the State Bureau of Quality Supervision, 
Inspection and Quarantine for Issui ng the "Measures for the Control of 
Evaluation of Chinese Famous-Brand Products (for Trial 
Implementation)" ;
25 
  FXB-2. Notice of General Office of Mi nistry of Commerce Concerning 
Recommending Candidates of "Chinese Export Famous Brands" ;
26 
 
 FXB-3. Notice of Issuing the Directive on Supporting the Development of Name 
Brands for Export ;27 
 
                                                      
17 SFB [2005] No. 115. 
18 WZB [2006] No. 147. 
19 Available at http://www.zjwy.gov.cn/dzwk/wj_style.jsp?fileID=1312. 
20 Xiacaiqui [2007] No. 21. 
21 DZF [2007] No. 102. 
22 ZZF [2007] No. 81. 
23 YCF [2007] No. 64. 
24 Shang Mao [2005] No. 124. 
25 Guozhijian [2001] No. 32. 
26 SBMH [2007] No. 25. 
27 Shang Mao [2005] No. 124. WT/DS387/1, G/L/879,  
G/SCM/D81/1, G/AG/GEN/79 Page 4 
 
 
   FXB-4. Circular of Changxing County People's Government on Further Promoting 
Foreign Trade Development ;
28 
  FXB-5. Opinions of Deqing County People's Government on Strengthening the 
Building of Advanced Manufacturing Bases ;
29 
  FXB-6. Circular on Printing and Distributing the Policy Opinions  for Accelerating 
Innovative Development of Industrial Economy ;
30 
 
 FXB-7. Notice Concerning the Issuing of Opin ions on Promoting the Brand-Driven 
Strategy & Its Incentive Measures ;31 
  FXB-8. Circular on Printing and Distributing the "Provisional Regulation on the Use 
of Fujian Export Brand Development Fund" ;
32 
 
 FXB-9. Circular of the Foreign Trade and Ec onomic 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 Depa rtment of Fujian Province] ;33 
 
 FXB-10. Circular on Printing and Distributing the Opinions on Recognizing "Famous 
Export Brands the Foreign Trade and Ec onomic Cooperation Department of 
Guangdong Province Mainly Cultivates and Develops" ;34  
 
 FXB-11. Suggestions on the "Export Brands Par ticularly Cultivated and Developed by 
the Department of Foreign Trade and Economic Cooperation Department of 
Guangdong Province" (Revised Edition) ;35 
  FXB-12. Notices Concerning Alternative Name List Supplementary to the Export 
Brands Particularly Cultivated and De veloped by the Department of Foreign 
Trade and Economic Cooperation of Guangdong Province ;
36 
  FXB-13. Circular on Ensuring Proper Use and Management of Guangdong Brand 
Development Fund ;
37 
 
 FXB-14. Notice Regarding Support Policies to Promote the Development of Our City's 
Foreign Trade and Economic Cooperation for 2005 ;38 
  FXB-15. Notice of the Administrative Office of the Hangzhou Municipal People's 
Government on Revision of the Evalua tion and Selection Requirements and 
                                                     
 
28 CZF [2005] No. 45. 
29 DZF [2008] No. 29. 
30 CZF [2007] No. 54. 
31 FFB [2007] No. 274. 
32 MCW [2007] No. 17. 
33 MWJMF [2008] No. 31. 
34 YWJMJZ [2007] No. 1. 
35 Available at http://www.gddoftec.gov.cn/jsmyc/main/s hownews.asp?newsid=299&channalid=16. 
36 YWJMJH [2008] 31. 
37 YCF [2007] No. 64. 
38 Hang Wai Jing Mao Ji Cai [2005] No. 225; Hang Cai Qi Er [2005] No. 602.  WT/DS387/1, G/L/879,  
 G/SCM/D81/1, G/AG/GEN/79  Page 5 
 
 
  Award Measures for the"Golden Drag on Awards" in Hangzhou's Foreign 
Trade Export ;
39 
  FXB-16. Directives of the Administrative Office of the Hangzhou Municipal People's 
Government on Promoting the Developm ent of Independent Export Brands ;
40 
  FXB-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 ;
41 
 
 FXB-18. Circular on Printing and Distributing the Newly Revised "Method for 
Selection of Henan Famous Export Brands" ;42 
  FXB-19. Guiding Opinions on Supporting the Development of Henan (Famous) Export 
Brands in the "11
th Five-Year Plan" Period ;43 
 
 FXB-20. Notice Regarding Selection of 2007-20 08 "Jiangsu Province Export Brands 
for Focused Cultivation and Development" ;44 
  FXB-21. Opinion on Promoting Better and Quicker Development of Private 
Economy ;
45 
  FXB-22. Opinion of the Party Committee and People's Government of Jinhua City on 
Promoting the Building of "Jinhua Brand";
46 
  FXB-23. Opinions of Jindong District Party Committee and People's Government of 
Jinhua City on Accelerating Industr ial and Export-Oriented Economic 
Development ;
47 
  FXB-24. Circular of Jiujiang Municipal Peop le's Government on Adjusting and 
Enriching the Incentive Policy for Creating a City of Brand ;
48 
 
 FXB-25. Circular on Printing and Distributing the Method of Nanhai District, Foshan 
City for Supporting and Awarding Inde pendent Innovation, Brand Drive and 
Enterprise IPO ;49 
 
                                                      
39 Hang Zheng Ban [2007] No. 47. 
40 Hang Zheng Ban [2007] No. 10. 
41 Hei Shang Lian Fa [2006] No. 1. 
42 Yu Shang Mao [2008] No. 1. 
43 Yushangmao [2006] No. 13. 
44 Suwaijingmaomao 2007 No. 122. 
45 JZF [2007] No. 113. 
46 SW [2006] No. 21. 
47 Available at http://zsj.jindong.gov.cn/news/ZCFG_9214/200811431343.html. 
48 JZW [2007] No. 93. 
49 NF [2007] No. 128. WT/DS387/1, G/L/879,  
G/SCM/D81/1, G/AG/GEN/79 Page 6 
 
 
   FXB-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 ;
50 
 
 FXB-27. Notice of the People's Government of Quanzhou Fengze District on Issuing 
Regulations Concerning the Support to Key Enterprises ;51 
  FXB-28. Opinion on Promoting Fast and Health y Development of Characteristic 
Manufacturing Industry through Im plementing Industrial Upgrading 
Projects ;
52 
  FXB-29. Notice on Printing and Distribution of 2006 Policies for Encouraging the 
Development of Foreign Trade & Economic Cooperation in Shandong ;
53 
 
 FXB-30. Opinions of Shaoxing Municipal People's Government on Further 
Encouraging the Development of Open Economy in Urban Areas ;54 
  FXB-31. Circular of Sichuan Provincial People's Government on Printing and 
Distributing the "Opinions on Forcefully Pressing Ahead Industrial Brands 
Strategy in Sichuan" ;
55 
  FXB-32. Circular on Forwarding the Detailed Reward  Rules for the Strategy of Drive 
with Top Brands in Suzhou City ;
56 
 
 FXB-33. Circular on Forwarding the Policy Measures for Pushing on the Strategy of 
Drive with Top Brands ;57 
  FXB-34. Circular on Forwarding the Opinions of Foreign Trade Office of Tianjin 
Municipal Government on Accelerating Development of Proprietary Export 
Brands of Tianjin City ;
58 
 
 FXB-35. Circular of Wuxing District People's Government of Huzhou City on Further 
Encouraging Foreign Trade Development ;59 
  FXB-36. Opinion of Wuyi County Party Committee and People's Government on 
Further Encouraging and Promoting the Development of SMEs ;
60 
  FXB-37. Measures for Managing Xiamen 's Key Export Enterprise Assistance Fund ;
61 
 
                                                      
50 Ning Shang (Gui Cai) FA [2006] No. 159. 
51 Quanfengzhengzong [2008] No. 22. 
52 QWF [2007] No. 20. 
53 LCQ [2006] No. 5. 
54 SZF [2007] No. 66. 
55 CFF [2007] No. 38. 
56 SFB [2005] No. 109. 
57 SFB [2005] No. 115. 
58 JZF [2007] No. 005. 
59 WZF [2005] No. 9. 
60 Available at http://www.zjwy.gov.cn/dzwk/wj_style.jsp?fileID=1312. 
61 Xia Fu Ban [2006] No. 117.  WT/DS387/1, G/L/879,  
 G/SCM/D81/1, G/AG/GEN/79  Page 7 
 
 
   FXB-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 ;
62 
 
 FXB-39. CPC Committee of Yinzhou District, Ningbo City People's Government of 
Yinzhou District, Ningbo City Opinions on Promoting Economic 
Development of Yinzhou District ;63 
  FXB-40. Notices on Publication of Interim Procedures on Management of Zhejiang 
Province Export Brands Fund ;
64 
  FXB-41. Notice Concerning Relevant Policies on Promotion of Foreign Trade & 
Economic Development in 2005 ;
65 
 
 FXB-42. Suggestions on Accelerating the Implementation of Brand Strategy ;66 
  FXB-43. Notice Issued by the Office of We nzhou Municipal Government for the 
Distribution of Quality & Branding Award Management Measures in 
Wenzhou ;
67 
 
 FXB-44. Opinions on Accelerating Open Econo my of Organizations Directly Under 
Municipal Government ;68 
  FXB-45. Opinion of Nanping Municipal People's Government on Supporting 
Development of Key Industrial Enterprises ;
69 
 
 FXB-46. Circular on Printing and Distributing the Interim Measures of Yangzhou City 
for Administration of the Incentive Fund for Famous-brand Export 
Products ;70 
  FXB-47. Implementing Rules of Support Policies for Patented Brands of Service 
Outsourcing Companies by Zhabei District ;
71 
  FXB-48. Notices for Evaluation and Rewards of  2008-2009 Export Brand  Particularly 
Cultivated and Developed in Heilongjiang ;
72 
 
 FXB-49. Measures for the Administration of Famous-brand (Industrial) Products of 
Guangdong Province ;73 
                                                      
62 Xiamen Trade Development Gui Cai [2006] No. 268. 
63 YYD [2008] No. 1. 
64 ZCQZ [2006] No. 207. 
65 ZCQZ [2005] No. 145. 
66 ZZF [2007] No. 81. 
67 WZB [2006] No. 147. 
68 LZF [2004] No. 38. 
69 Nan Zheng Zong [2007] No. 219. 
70 YCQ [2007] No. 23; YWJMM [2007] No. 008. 
71 Economic Commission of Zhabei District, Shanghai (June 2007) available at 
http://www.shiso.gov.cn/Policy/ZBPolicydetail.aspx?id=77. 
72 HSMF [2008] No. 37. 
73 Available at http://www.lawinfochina.com/law/display.asp?db=1&id=2737&keyword= 
famous%20brand%20guangdong. WT/DS387/1, G/L/879,  
G/SCM/D81/1, G/AG/GEN/79 Page 8 
 
 
   
 FXB-50. Measures for the Administration of Fa mous-Brand (Agricultural) Products of 
Guangdong Province ;
74 
 
 FXB-51. Circular of Ministry of Commerce, China Export & Credit Insurance 
Corporation Concerning Utilizing Ex port Credit Insurance to Support the 
Development of Name Brand Export .75 
 III. The instruments below: 
 
 L-1. Notice Regarding Support Policies to Promote the Development of Our City's 
Foreign Trade and Economic Cooperation for 2005 ;
76 
  L-2. Opinions of Jindong District Party Committee and People's Government of 
Jinhua City on Accelerating Industr ial and Export-Oriented Economic 
Development ;
77 
  L-3. Opinions of Shaoxing Municipal People's Government on Further 
Encouraging the Development of Open Economy in Urban Areas ;
78  
 
 L-4. Notice Concerning Relevant Policies on Promotion of Foreign Trade & 
Economic Development in 2005 ;79  
  L-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 ;
80 
 
 L-6. Opinions on Accelerating Open Econo my of Organizations Directly Under 
Municipal Government ;81 
  L-7. Circular of Nanchang Municipal Pe ople's Government on Printing and 
Distributing the Interim Measures for Administration of Nanchang Foreign 
Trade Development Fund ;
82 
  L-8. Trial Opinions of Jiangdong District , Ningbo City on Promoting Steady 
Foreign Trade Development ;
83  
                                                      
74 Available at  http://www.lawinfochina.com/law/display.asp?db=1&id=2768&keyword= 
famous%20brand%20guangdong. 
75 Shang Mao Fa [2005] No. 332 
76 Hang Wai Jing Mao Ji Cai [2005] No. 225; Hang Cai Qi Er [2005] No. 602. 
77 Available at http://zsj.jindong.gov.cn/news/ZCFG_9214/200811431343.html. 
78 SZF [2007] No. 66. 
79 ZCQZ [2005] No. 145. 
80 Hei Shang Lian Fa [2006] No. 1. 
81 LZF [2004] No. 38. 
82 Hong Fu Fa [2007] No. 31. 
83 DZF [2004] No. 13.  WT/DS387/1, G/L/879,  
 G/SCM/D81/1, G/AG/GEN/79  Page 9 
 
 
   
 L-9. Opinions of Jiangdong District, Ningbo City on Promoting Steady Foreign 
Trade Development ;
84 
 
 L-10. 2005 Policies for Encouraging the Development of Foreign Trade & 
Economic Cooperation in Shandong ;85 
  L-11. Notice on Printing and Distribution of 2006 Policies for Encouraging the 
Development of Foreign Trade & Economic Cooperation in Shandong ;
86 
 
 L-12. Notice on Printing and Distribution of 2003 Policies for Encouraging and 
Expanding Foreign Trade Export to Shandong ;87 
  L-13. 2004 Policies for Encouraging the Development of Foreign Trade & 
Economic Cooperation in Shandong ;
88 
  L-14. Circular of Wuxing District People' s Government on Further Encouraging 
the Development of Open Economy in Urban Areas ;
89  
  L-15.  Measures for Managing Xiamen 's Key Export Enterprise Assistance Fund ;
90 
 
 L-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 ;91 
 
 L-17.  Opinions on Further Accelerating the Development of Open Economy ;92 
  L-18. CPC Committee of Yinzhou District, Ningbo City People's Government of 
Yinzhou District, Ningbo City Opinions on Promoting Economic 
Development of Yinzhou District ;
93 
 
 L-19. Notices on Publication of Interim Procedures on Management of Zhejiang 
Province Export Brands Fund ;94 
  L-20. Circular on Changxing County People's Government on Further Promoting 
Foreign Trade Development ;
95  
 
                                                      
84 Dong Zheng Fa [2005] No. 25. 
85 Available at http://shandong.mofcom.gov.cn/aarticle/sjt ongzhigg/200502/200 50200018389 .html. 
86 LCQ [2006] No. 5. 
87 LWJMJCZ [2003] No. 180. 
88 LWJMJCZ [2003] No. 1037. 
89 SZF [2005] No. 9. 
90 Xia Fu Ban [2006] No. 117. 
91 Xiamen Trade Development Gui Cai [2006] No. 268. 
92 XZF [2007] No. 1. 
93 YYD [2008] No. 1. 
94 ZCQZ [2006] No. 207. 
95 CZF [2005] No. 45. WT/DS387/1, G/L/879,  
G/SCM/D81/1, G/AG/GEN/79 Page 10 
 
 
   L-21. Notices Concerning Printing and Distributing the Implementation Regulation 
on Economic Development Fund Suppor ting Industrial Technology Progress 
in Futian District Shenzhen ;
96 
 
 L-22. Notice Issued by the Office of We nzhou Municipal Government for the 
Distribution of Quality & Branding Award Management Measures in 
Wenzhou ;97  
  L-23. Notice of the Administrative Office of the Hangzhou Municipal People's 
Government on Revision of the Evalua tion and Selection Requirements and 
Award Measures for the"Golden Drag on Awards" in Hangzhou's Foreign 
Trade Export ;
98 
  L-24. Directives of the Administrative Office of the Hangzhou Municipal People's 
Government on Promoting the Developm ent of Independent Export Brands ;
99  
  L-25. Notice of the People's Government of Quanzhou Fengze District on Issuing 
Regulations Concerning the Support to Key Enterprises ;
100 
  L-26. Notice on Recommending of Alternative Name List for 2005-2006  "Export 
Brand Merchandise in Shanghai" ;
101 
  L-27. Implementing Rules of Support Policies for Patented Brands of Service 
Outsourcing Companies by Zhabei District ;
102 
 
 L-28. Notice of Shanghai Municipal Commission of Foreign Trade and Economic 
Cooperation for Carrying out Confirmati on of 2007-2008 "E xport Brands in 
Shanghai" ;103 
  L-29. Measures on Promoting the Developm ent of the City OpenEconomy in 
2006 ;
104 
 
 L-30. Notices for Evaluation and Rewards of  2008-2009 Export Brand  Particularly 
Cultivated and Developed in Heilongjiang ;105 
  L-31. Notice Regarding Support Policies to Promote the Development of Our City's 
Foreign Trade and Economic Cooperation for 2005 ;
106 
 
                                                      
96 FBF [2007] No. 53. 
97 WZB [2006] No. 147. 
98 Hang Zheng Ban [2007] No. 47. 
99 Hang Zheng Ban [2007] No. 10. 
100 Quanfengzhengzong [2008] No. 22. 
101 HJMMC [2005] No. 143. 
102 Economic Commission of Zhabei District, Shanghai (June 2007) available at  
http://www.shiso.gov.cn/Policy/ZBPolicydetail.aspx?id=77. 
103 Available at http://www.1128.org/html/dzzw/ggl/2008/08/doc45735.shtml. 
104 Available at http://www.zh.gov.cn/English/Investment/Policy/200802/t20080218_19097.htm. 
105 HSMF [2008] No. 37. 
106 Hang Wai Jing Mao Ji Cai [2005] No. 225; Hang Cai Qi Er [2005] No. 602.  WT/DS387/1, G/L/879,  
 G/SCM/D81/1, G/AG/GEN/79  Page 11 
 
 
   L-32. Notice Regarding Selection of 2007-20 08 "Jiangsu Province Export Brands 
for Focused Cultivation and Development".
107  
 
B. The measures referred to in Section A above appear to provide grants, loans, and other 
incentives to enterprises in Chin a on the condition that those enterprises meet certain export 
performance criteria.  Accordingly, the measures app ear to be inconsistent with Article 3 of the 
SCM Agreement.  Additionally, to the extent th at these measures provide su bsidies for agricultural 
products, they appear to be inconsistent with Artic les 3, 9, and 10 of the Agreement on Agriculture.  
The measures also appear to be inconsistent with China's obligations under para graph 12.1 of Part I of 
its Accession Protocol108, 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 China109), 
which forms part of the terms of accession agreed be tween China and the WTO and is an integral part 
of the Marrakesh Agreement Establishing the World Trade Organization.  Finally, the grants, loans, 
and other incentives appear to be inconsistent with Article III:4 of the GATT 1994 to the extent that 
the measures benefit Chinese-origin pr oducts but not imported products. 
  We look forward to receiving your reply to the present request and to fixing a mutually 
convenient date for consultations.  
                                                     
 
107 Suwaijingmaomao 2007 No. 122. 
108 WT/L/432. 
109 WT/MIN(01)/3. WT/DS387/1, G/L/879,  
G/SCM/D81/1, G/AG/GEN/79 Page 12 
 
 
  Statement of Available Evidence
 
 
 1. Circular of the General Office of the State Bureau of Quality Supervision, Inspection and 
Quarantine for Issuing the "Measures for th e Control of Evaluatio n of Chinese Famous-
Brand Products (for Trial Implementation)" ;
110 
 2. Circular on Carrying Out Evaluation of Products  to Be Recognized as China World Top 
Brand ;
111 
 
3. Circular on Application of China World Top Brands in 2006 ;112 
 4. Circular on Application of China World Top Brands in 2008 ;
113  
 
5. Measures for the Administrati on of Chinese Name-Brand Products ;114 
 6. Product Quality Law of the People's Republic of China ;
115 
 7. Decision of the State Council Concerning Several Issues on Further Strengthening Product 
Quality Work ;
116 
 
8. Notice Concerning the Issuing of Opinions on Promoting the Brand-Driven Strategy & Its 
Incentive Measures ;117 
 9. Notice Concerning Printing and Distributing the Implementation Regulation on Economic 
Development Fund Supporting Industrial Technology Progress in Futian District 
Shenzhen ;
118  
 10. Notice of Gansu Provincial People's Govern ment Concerning Printing and Distributing 
Incentive Methods for Enterprises Entitled w ith Famous Brand Pr oducts in Gansu 
Province ;
119 
 
11. Notice on Methods of Implementing Brand Praise and Incentive for Industrial Enterprises in 
Guangxi Zhuang Autonomous Region ;120  
 12. Several Related Policies on Implementati on of Guiyang's Science and Technology 
Development Planning During the "Eleventh Five-Year Plan" (2006-2010) ;
121 
 
                                                      
110 Guozhijian [2001] No. 32. 
111 GZJZ [2005] No. 95. 
112 ZJZH [2006] No. 11. 
113 ZJZH [2008] No. 23. 
114 AQSIQ Order No. 12 (December 29, 2001). 
115 Adopted at the 30th Meeting of the Standing Committee of  the Seventh National People's Congress 
on February 22, 1993. 
116 Issued by Document Guofa No. 24 [1999] of the State Council on December 25, 1999. 
117 FFB [2007] No. 274. 
118 FBF [2007] No. 53. 
119 GZF [2007] No. 72. 
120 Gui Zheng Ban Fa [2007] No. 42. 
121 ZFF [2006] No. 51.  WT/DS387/1, G/L/879,  
 G/SCM/D81/1, G/AG/GEN/79  Page 13 
 
 
  13. Opinions of the Party Committee and People's Government of Jinhua City on Promoting the 
Building of "Jinhua Brand" ;
122 
 14. Circular of Jiujiang Municipal People's Government on Adjusting and Enriching the 
Incentive Policy for Creating a City of Brand ;
123 
 15. Circular on Printing and Distributing the Method of Nanhai District, Foshan City for 
Supporting and Awarding Indepe ndent Innovation, Brand Drive and Enterprise IPO (NF 
[2007] No. 128) ; 
 
16. Opinions of Nanping Municipal People's Government on Supporting Development of Key 
Industrial Enterprise ;
124 
 17. Opinions on Promoting Fast and Healthy Devel opment of Characteristic Manufacturing 
Industry through Implementing Industrial Upgrading Projects ;
125 
 18. Circular of Sichuan Provincial People's Government on Printing and Distributing the 
"Opinions on Forcefully Pressing Ahead I ndustrial Brands Strategy in Sichuan" ;
126 
 19. Circular on Forwarding the Detailed Reward Rules for the Strategy of Drive with Top Brands 
in Suzhou City ;
127 
 20. Circular on Forwarding the Policy Measures for Pu shing on the Strategy of Drive with Top 
Brands ;
128 
 
21. Notice Issued by the Office of Wenzhou Munici pal Government for the Distribution of Quality 
& Branding Award Manageme nt Measures in Wenzhou ;129 
 22. Opinions of Wuyi County Party Comm ittee and People's Government on Further 
Encouraging and Promoting the Development of SMEs ;
130 
 
23. Notice 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 ;131 
 24. Suggestions on Supporting Key Industrial Enterpri ses Issued by the People's Government of 
Yandu District, Yancheng City ;
132 
 25. Suggestions on Accelerating the Implementation of Brand Strategy ;
133  
 
                                                      
122 SW [2006] No. 21. 
123 JZW [2007] No. 93. 
124 Nan Zheng Zong [2007] No. 219. 
125 QWF [2007] No. 20. 
126 CFF [2007] No. 38. 
127 SFB [2005] No. 109. 
128 SFB [2005] No. 115. 
129 WZB [2006] No. 147. 
130 Available at http://www.zjwy.gov.cn/dzwk/wj_style.jsp?fileID=1312. 
131 Xiacaiqui [2007] No. 21. 
132 DZF [2007] No. 102. 
133 ZZF [2007] No. 81. WT/DS387/1, G/L/879,  
G/SCM/D81/1, G/AG/GEN/79 Page 14 
 
 
  26. Circular on Ensuring Proper Use and Manage ment of Guangdong Brand Development 
Fund ;
134 
 27. Notice of Issuing the Directive on Supporting the Development of Name Brands for Export ;
135   
 
28. Notice of General Office of Ministry of Co mmerce Concerning Recommending Candidates of 
"Chinese Export Famous Brands" ;136  
 29. Circular of Changxing County People's Government on Further Promoting Foreign Trade 
Development ;
137 
 30. Opinions of Deqing County People's Government  on Strengthening the Building of Advanced 
Manufacturing Bases ;
138 
 
31. Circular on Printing and Distributing the Po licy Opinions for Accelerating Innovative 
Development of Industrial Economy ;139 
 32. Circular on Printing and Distributing the "Provisional Regulation on the Use of Fujian 
Export Brand Development Fund" ;
140 
 
33. Circular of the Foreign Trade and Economic C ooperation 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 ;141 
 
34. Circular on Printing and Distributing the Op inions on Recognizing "Famous Export Brands 
the Foreign Trade and Economic Cooperation De partment of Guangdong Province Mainly 
Cultivates and Develops" ;142 
 35. Suggestions on the "Export Brands Particular ly Cultivated and Developed by the Department 
of Foreign Trade and Economic Cooperation Department of Guangdong Province" (Revised 
edition) ;
143 
 36. Notice Concerning Alternative Name List Suppl ementary to the Export Brands Particularly 
Cultivated and Developed by the Department of  Foreign Trade and Economic Cooperation of 
Guangdong Province ;
144 
 
37. Notice Regarding Support Policies to Promote the Development of Our City's Foreign Trade 
and Economic Cooperation for 2005 ;145  
 
                                                      
134 YCF [2007] No. 64. 
135 Shang Mao [2005] No. 124. 
136 SBMH [2007] No. 25. 
137 CZF [2005] No. 45. 
138 DZF [2008] No. 29. 
139 CZF [2007] No. 54. 
140 MCW [2007] No. 17. 
141 MWJMF [2008] No. 31. 
142 YWJMJZ [2007] No. 1 
143 Available at http://www.gddoftec.gov.cn/jsmyc/main/s hownews.asp?newsid=299&channalid=16. 
144 YWJMJH [2008] 31. 
145 Hang Wai Jing Mao Ji Cai [2005] No. 225; Hang Cai Qi Er [2005] No. 602.  WT/DS387/1, G/L/879,  
 G/SCM/D81/1, G/AG/GEN/79  Page 15 
 
 
  38. Notice of the Administrative Office of the Hangzhou Municipal People's Government on 
Revision of the Evaluation and Selection Requi rements and Award Measures for the "Golden 
Dragon Awards" in Hangzhou's  Foreign Trade Export ;
146 
 
39. Directives of the Administrative Office of th e Hangzhou Municipal Pe ople's Government on 
Promoting the Development of Independent Export Brands ;147  
 40. 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 De velopment of Famous Export Brands ;
148 
 
41. Circular on Printing and Distributing the Newly Revised "Method for Selection of Henan 
Famous Export Brands" ;149 
 42. Guiding Opinions on Supporting the Developmen t of Henan (Famous) Export Brands in the 
"11
th Five-Year Plan" Period ;150  
 
43. Circular on Carrying Out Survey on the Brand Build ing Status of the Enterprises with 
Provincial Famous Export Brands ;151 
 44. Notice Regarding Selection of 2007-2008 "Jia ngsu Province Export Brands for Focused 
Cultivation and Development" ;
152 
 
45. Opinions on Promoting Better and Quicker Development of Private Economy ;153 
 46. Opinions of Jindong District Party Committ ee and People's Government of Jinhua City on 
Accelerating Industrial and Expor t-Oriented Economic Development ;
154 
 
47. Status for the Support and Cultivation of Famous Export Brands in Jiangxi Province ;155 
 48. 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 Pr omoting of Brand Export Commodities ;
156 
 
49. Notice of the People's Government of Quanzhou  Fengze District on Issuing Regulations 
Concerning the Support to Key Enterprises ;157 
 
                                                      
146 Hang Zheng Ban [2007] No. 47. 
147 Hang Zheng Ban [2007] No. 10. 
148 Hei Shang Lian Fa [2006] No. 1. 
149 Yu Shang Mao [2008] No. 1. 
150 Yushangmao [2006] No. 13. 
151 Available at http://www.yzwjm.gov.cn/Article_Show.asp?ArticleID=1329. 
152 Suwaijingmaomao 2007 No. 122. 
153 JZF [2007] No. 113. 
154 Available at http://zsj.jindong.gov.cn/news/ZCFG_9214/200811431343.html. 
155 Special Commissioner's Office in Shanghai (19-04-2007) 
156 Ning Shang (Gui Cai) FA [2006] No. 159. 
157 Quanfengzhengzong [2008] No. 22. WT/DS387/1, G/L/879,  
G/SCM/D81/1, G/AG/GEN/79 Page 16 
 
 
  50. Notice on Printing and Distribution of 2006 Policies for Encouraging the Development of 
Foreign Trade & Economic Cooperation in Shandong ;
158 
 51. Opinions of Shaoxing Municipal People's Government on Further Encouraging the 
Development of Open Economy in Urban Areas ;
159 
 52. Circular on Forwarding the Opinions of Foreign Trade Office of Tianjin Municipal 
Government on Accelerating Development of Proprietary Export Brands of Tianjin City ;
160  
 
53. Circular of Wuxing District People's Governme nt of Huzhou City on Further Encouraging 
Foreign Trade Development ;161 
 54. Measures for Managing Xiamen 's Key Export Enterprise Assistance Fund ;
162  
 
55. Notice from the Xiamen Trade Development Bu reau and the Xiamen Finance Bureau on the 
publishing of Measures for Managing Xiamen 's Key Export Enterprise Assistance Fund 
Implementation Plan ;163 
 56. CPC Committee of Yinzhou District, Ningbo City People's Government of Yinzhou District, 
Ningbo City Opinions on Promoting Economic Development of Yinzhou District ;
164 
 
57. Notice on Publication of Interim Procedu res on Management of Zhejiang Province Export 
Brands Fund ;165 
 58. Notice Concerning Relevant Policies on Pr omotion of Foreign Trade & Economic 
Development in 2005 ;
166 
 59. Opinions on Accelerating Open Economy of Organizations Directly Under Municipal 
Government ;
167 
 60. Circular of Nanchang Municipal People's Go vernment on Printing and Distributing the 
Interim Measures for Administration of Nanchang Foreign Trade Development Fund ;
168  
 61. Trial Opinions of Jiangdong District, Ningb o City on Promoting Steady Foreign Trade 
Development ;
169 
 
62. Opinions of Jiangdong District, Ningbo City on Promoting Steady Foreign Trade 
Development ;170 
 
                                                      
158 LCQ [2006] No. 5. 
159 SZF [2007] No. 66. 
160 JZF [2007] No. 005. 
161 WZF [2005] No. 9. 
162 Xia Fu Ban [2006] No. 117. 
163 Xiamen Trade Development Gui Cai [2006] No. 268. 
164 YYD [2008] No. 1. 
165 ZCQZ [2006] No. 207. 
166 ZCQZ [2005] No. 145. 
167 LZF [2004] No. 38. 
168 Hong Fu Fa [2007] No. 31. 
169 DZF [2004] No. 13. 
170 Dong Zheng Fa [2005] No. 25.  WT/DS387/1, G/L/879,  
 G/SCM/D81/1, G/AG/GEN/79  Page 17 
 
 
  63. 2005 Policies for Encouraging the Development of Foreign Trade & Economic Cooperation 
in Shandong ;
171 
 64. Notice on Printing and Distribution of 2003 Policies for Encouraging and Expanding 
Foreign Trade Export to Shandong ;
172 
 65. 2004 Policies for Encouraging the Development of Foreign Trade & Economic Cooperation 
in Shandong ;
173 
 
66. Opinions on Further Accelerating the Development of Open Economy ;174 
 67. Circular on Changxing County People's Government on Further Promoting Foreign Trade 
Development ;
175 
 
68. Circular on Printing and Distributing the Interim Measures of Yangzhou City for 
Administration of the Incentive Fund for Famous-brand Export Products ;176 
 69. Notice on Recommending of Alternative Name List for 2005-2006' "Export Brand 
Merchandise in Shanghai" ;
177 
 
70. Implementing Rules of Support Policies for Patented Brands of Service Outsourcing 
Companies by Zhabei District ;178 
 71. Measures for the Administration of Famous -brand (Industrial) Products of Guangdong 
Province ;
179 
 
72. Measures for the Administration of Famous -Brand (Agricultural) Products of Guangdong 
Province ;180 
 73. Notice of Shanghai Municipal Commission of Foreign Trade and Economic Cooperation for 
Carrying out Confirmation of 2007-2008 "Export Brands in Shanghai" ;
181 
 
74. Measures on Promoting th e Development of the City OpenEconomy in 2006 ;182 
 75. Shanghai Export Brands List of Awardees in 2005-2006 ;
183 
 
                                                      
171 Available at  http://shandong.mofcom.gov.cn/aarticle/s jtongzhigg/200502/20 050200018389 .html. 
172 LWJMJCZ [2003] No. 180. 
173 LWJMJCZ [2003] No. 1037. 
174 XZF [2007] No. 1. 
175 CZF [2005] No. 45. 
176 YCQ [2007] No. 23; YWJMM [2007] No. 008. 
177 HJMMC [2005] No. 143. 
178 Economic Commission of Zhabei District, Shanghai (June 2007) available at 
http://www.shiso.gov.cn/Policy/ZBPolicydetail.aspx?id=77. 
179 Available at http://www.lawinfochina.com/law/display.asp?db=1&id=2737&keyword= 
famous%20brand%20guangdong. 
180 Available at  http://www.lawinfochina.com/law/display.asp?db=1&id=2768&keyword= 
famous%20brand%20guangdong. 
181 Available at http://www.1128.org/html/dzzw/ggl/2008/08/doc45735.shtml. 
182 Available at http://www.zh.gov.cn/English/Investment/Policy/200802/t20080218_19097.htm. 
183 Available at http://www.maofa.sh.cn/shangbiao/pingpai.asp . WT/DS387/1, G/L/879,  
G/SCM/D81/1, G/AG/GEN/79 Page 18 
 
 
  76. 11th Five Year Plan Guidelines ;
184 
 77. Notices for Evaluation and Rewards of 2008-200 9 Export Brand Particul arly Cultivated and 
Developed in Heilongjiang ;
185 
 
78. Circular of Ministry of Commerce, Chin a Export & Credit Insurance Corporation 
Concerning Utilizing Export Credit Insurance to Support the Development of Name Brand 
Export .186  
 
 
__________  
                                                      
184 Available at http://ghs.ndrc.gov.cn/ghjd/115gyxj/010a.htm. 
185 HSMF [2008] No. 37. 
186 Shang Mao Fa [2005] No. 332.