Government Subsidies

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Government Subsidies

Government Subsidies

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Government subsidies are subject to wide range of complex international obligations. Our team has the expertise and experience to analyze subsidies and advise clients on risks, opportunities and compliance issues related to government measures affecting business.

Dentons can provide you with practical and comprehensive advice on the provisions of the WTO Agreement on Subsidies and Countervailing Measures and bi-lateral trade treaties, in particular on prohibited subsidies, issues of specificity, serious prejudice and related investigations. We analyze whether subsidies are countervailable, and carry out the complex calculations on the measure of any benefit conferred on the recipient.

Benefit from our in-depth insight into the cases of the WTO Dispute Settlement Body concerning subsidies. We advise government and businesses on how to obtain or grant subsidies without incurring risks of WTO action or countervailing duties. We also have experience defending alleged subsidies under the relevant legal framework and WTO rules.

In recent years, Dentons has been actively involved in some of the most high-profile combined anti-dumping and anti-subsidy investigations globally. We have extensive experience in advising and representing clients in relation to a wide array of subsidy programs in several major countries, including preferential tax rebate or refund programs, export support programs, price support programs, supply management, government provision of inputs for less than adequate remuneration and other preferential programs.

Experience

Various consumer and industrial goods: Representing in multiple CVD cases initiated against China and other countries by the Canadian International Trade Tribunal
Canadian Electric Utility: Advising major Canadian state-owned electricity producer on the application of WTO and other trade agreement commitments to local preferences and regional development components in the selection of proponents for large scale alternative energy projects
Shipbuilding: Defending the Korean shipbuilding industry in actions brought by the European industry, alleging that the Korean industry had received unfair subsidies as a result of corporate restructuring.
United States Government: Representing the United States Government at GATT/WTO Subsidies and Countervailing Measures Meeting and at OECD Subsidies working group
World-leading solar panel exporter: Representing the client in the EU anti-dumping and anti-subsidy investigations by the European Commission concerning imports of solar panels from China on dumping, subsidy and injury aspects. This was a very high-profile case, which attracted the attention of many major media sources.
Xiamen Xianglu Group: Assisting in the anti-subsidy proceeding against polyester staple fibres (PSF) originating in China.
China Iron and Steel Association: Advising before the Australian Customs on dumping, subsidy and injury in the Australian anti-dumping and countervailing investigations concerning zinc coated steel and aluminium zinc coated steel originating in China, Korea and Taiwan.
China Iron and Steel Association: Advising CISA before the European Commission on the procedure, injury and causal link aspects of the EU anti-dumping and anti-subsidy investigation on organic coated steel products from China, including government affairs work. This is the first combined anti-dumping and anti-subsidy investigation against Chinese steel products with potential further EU cases targeting subsidies to the Chinese steel industry in the future.

Insights

Saudi Arabia adopts Trade Remedy Law

March 21, 2023

Saudi Arabia: In November 2022, the Council of Ministers in Saudi Arabia approved the Law of Trade Remedies in International Trade (the Trade Remedies Law). It regulates the conduct of anti-dumping, countervailing and the imposition of trade remedies on imports into Saudi Arabia, with the aim of protecting exports from Saudi Arabia from similar measures.