Regardless, it has been agreed by the WTO that it is not the same as a subsidy and it is not against any trade rules.
A similar example would be Chinese "health" requirements that foriegn grain (this may have expired now that they have become a net imorter of grain) be 100% fungus free. Which is impossible.
It was in practice just a blocking of foriegn imports for protectionist purposes, never the less it was just another trick of business.
If it truly bothers America we could just follow our agreements and start tariffing things they subsidize (and they subsidize, directly, alot)