On October，2010，the WTO panel publishes its decision on the Case “United States-Definitive Anti-dumping and Countervailing Duties on Certain Products from China”，which decides that state-owned enterprises per se constitute “publicbodies”within the meaning of Article1.1(a)(1)of the SCM agreement.This decision could bring a long term disadvantage for Chinese enterprises when they meet the countervailing duties measures.This article argues that the panel decision has its defects onits reasoning.State-owned enterprise may constitute the “publicbodies” within the meaning of Article