CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request for Consultations by the United States
Date: 7 January 2009
Document codes: WT/DS387/1; G/L/879; G/SCM/D81/1; G/AG/GEN/79
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

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 Administration 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

 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

 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

 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 Department 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 Particularly 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/shownews.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

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 Development 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

 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

 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

 FXB-50. Measures for the Administration of Famous-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

 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/sjtongzhigg/200502/20050200018389.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

 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 Development 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

 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 paragraph 12.1 of Part I of
its Accession Protocol 108, 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 109),
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 products 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

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 Administration 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 30 th 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

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 Industrial 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 Management 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

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/shownews.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

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 Development 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 Export-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 Promoting 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

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

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 the 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/sjtongzhigg/200502/20050200018389.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

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