WTO Dispute Settlement Proceeding Regarding China-Subsidies on Wind Power Equipment

The Office of the United States Trade Representative ("USTR") is providing notice that on December 22, 2010, in accordance with the Marrakesh Agreement Establishing the World Trade Organization ("WTO Agreement"), the United States requested consultations regarding certain subsidies provided by the People's Republic of China (China) on wind power equipment. The consultation request addresses a measure of China entitled the "Provisional Measures on Administration of Special Fund for Industrialization of Wind Power Equipment" ("Wind Power Equipment Fund"). The Wind Power Equipment Fund provides grants that appear to be contingent on the use of domestic over imported wind power equipment, and thus appears to be a prohibited subsidy that is inconsistent with China's obligations under Article 3 of the Agreement on Subsidies and Countervailing Measures ("SCM Agreement"). In addition, as it appears that China has neither made available a translation of the measure into a WTO official language nor notified it to the WTO, China appears to have failed to comply with its transparency obligations under the WTO Agreement. USTR invites written comments from the public concerning the issues raised in this dispute.