Law report No. GLW-2816 · filed October 2, 2026

Trade LawReported case

MOFCOM Backs WTO Ruling Against US Inflation Reduction Act

China's MOFCOM hails the WTO panel ruling against the US Inflation Reduction Act as 'objective' and calls on Washington to uphold the multilateral trading order through concrete actions.

By Grace Kim3 min read573 words

Holding

  1. A WTO panel ruled in China's case against the US Inflation Reduction Act.
  2. MOFCOM called the ruling 'objective' and urged the US to uphold the multilateral order through concrete actions.
  3. The case challenged the act's subsidy provisions as inconsistent with WTO rules.

China's Ministry of Commerce (MOFCOM) has welcomed the World Trade Organization panel ruling in China's case against the US Inflation Reduction Act, describing the decision as "objective" and urging Washington to uphold the multilateral trading order through concrete actions.

The ministry issued its response after the WTO panel sided with China in the dispute, which challenged subsidy provisions of the US Inflation Reduction Act. MOFCOM's statement, reported by Global Times, framed the ruling as a vindication of China's position that the US legislation conflicts with WTO rules.

What the case concerns

China initiated WTO proceedings against the United States over the Inflation Reduction Act, the sweeping US law that directs hundreds of billions of dollars toward clean energy production and manufacturing incentives. Beijing challenged the structure of the act's subsidy programmes, arguing that they discriminate against Chinese products and producers and distort international trade in ways inconsistent with US obligations under WTO agreements.

The panel report now stands as the operative WTO finding in the dispute. Under WTO dispute settlement procedure, the report goes to the Dispute Settlement Body for adoption unless it is appealed or blocked by consensus. Because the Appellate Body currently lacks the quorum needed to hear appeals — a consequence of the United States blocking appointments to that body since 2019 — an "appeal into the void" remains a possible next step if Washington declines to accept the findings.

MOFCOM's position

MOFCOM called the panel's analysis objective, signalling Beijing's view that the findings rest on a sound application of WTO law to the facts of the case. The ministry paired that assessment with a call for action rather than rhetoric: it urged the United States to "uphold the multilateral order through concrete actions."

That phrasing carries a pointed message. Chinese trade officials have repeatedly criticised US industrial policy — from Section 301 tariffs to semiconductor export controls and, now, the Inflation Reduction Act's domestic-content-linked incentives — as unilateral measures that bypass the multilateral system. MOFCOM's statement positions the WTO ruling as evidence that the US, not China, is the party undermining trade rules.

Practical consequences for practitioners

For trade lawyers, the panel report matters on several levels. First, it adds to the growing body of WTO jurisprudence on green industrial subsidies, an area where the Inflation Reduction Act and the EU's responses have already generated parallel litigation and diplomatic friction. Second, it tests how dispute settlement functions when the losing party can appeal into a paralyzed Appellate Body — a scenario trade counsel on both sides of the Pacific have tracked since the mechanism stalled. Third, companies with exposure to US clean-energy incentives should note that a panel finding against the act, even if unenforceable in the short term, strengthens the negotiating position of trading partners seeking changes to the law's implementation and could shape future US executive-branch adjustments to the programme.

Whether Washington will comply remains uncertain. The United States has historically rejected adverse WTO panel findings in trade remedy cases and has argued more broadly that the dispute settlement system overreaches. Congress would need to pass legislation to alter the Inflation Reduction Act itself, an unlikely outcome given the law's political significance. MOFCOM's demand for "concrete actions" therefore sets up a test of whether the ruling produces policy change or becomes another data point in the long-running argument over the WTO's authority.

via GN Trade Law (Source)

Filed under

  • wto
  • inflation-reduction-act
  • us-china-trade
  • subsidies
  • dispute-settlement
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Grace Kim

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Correspondent covering consumer brands and retail at Global Law Wire.

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