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MOFCOM Announcement on Final Conclusions on Trade Barrier Investigation of American Partial Support Policies and Subsidy Measures on Renewable Energy Industry

Ministry of Commerce of the People’s Republic of China issued, on August 20, the Announcement No. 52 2012 to release the final conclusions on trade barrier investigation of American partial support policies and subsidy measures on renewable energy industry.

The final investigation conducted by MOFCOM determines that six investigated measures, including, encourage projects of renewable energy in Washington, State Solar Rebate Project II in Massachusetts, encourage projects of wind production and manufacturing in Ohio, encourage projects of renewable energy and encourage projects of renewable energy manufacturing in New Jersey, self-generating projects in California, prohibited subsidies stated in the Article 3 of Subsidy and Countervailing Measures Agreement formulated by WTO with violation of the relevant provisions in the Article 3 of WTO Subsidy and Countervailing Measures Agreement and the Article 3 of 1994 General Agreement on Tariffs and Trade, as a consequence, it distort the normal trade and constitutes the trade barrier to the Chinese renewable energy products exports to the U.S.

The announcement said that according to the provisions of the Foreign Trade Barriers Investigation Rules, MOFCOM will take relevant measures in accordance with the law to require the U.S. to cancel the content of the measures under investigation inconsistent with WTO agreements, and give fair treatment to renewable energy products exported from China.

On November 25, 2011, in accordance with the petition proposed by China Chamber of Commerce for Import and Export of Machinery and Electronic Products and New Energy Chamber of Commerce of the All-China Federation of Industry and Commerce, the Ministry of Commerce, in line with the provisions specified in Foreign Trade Law of the People’s Republic of China and Investigation Rules of Foreign Trade Barriers, initiated trade barrier investigation of American 6 support policies and subsidy measures on of renewable energy industry. On May 24, the Ministry of Commerce of the People’s Republic of China made the Announcement to release the preliminary conclusions on trade barrier investigation.


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