The role of China for trade Liberalization and competition policy after WTO accession; National Security vs. Anti-Dumping agreement, What ailing the WTO?
Keywords:
WTO, Anti-Dumping Measure, International Trade, Security Exceptions, Tariffs.Abstract
The operation of World Trade Organization (WTO) remained suspended and revived several times over the past few decades. The mandate was given to World Trade Organization (WTO) to ensure economic efficiency in international trade while allowing for the optimal use of world’s resources in line with the objective of sustainable development, to establish reciprocal and mutually advantageous arrangements in order to substantially re-duce the unjustified tariff’s and other trade frictions and abolishment of discriminatory conduct in global trade by accelerating the multilateral trading systems. For seven decades the safeguard measures in Multilateral Trading Phase (MTP) remain stagnant before being incorporated in 1994. However, alleged security instances already prevail in many other (WTO) provisions, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Agreement on safeguards. The excessive application of article XXI (a)(i) of GATT posing explosive trade disputes including Violative tariff’s fixed by the United States and like trade limitations inflicted by Russia and the United Arab Emirates (UAE)challenged the statutory framework and existence of the World Trade Organization. It has raised a question that how these “parturient trade constraints” under the umbrella of security exceptions be interpreted or imposed? Either these are self-judging, binding through judicial precedent, or institutional interpretation? The members of WTO shall take this as a matter of grave concern in order to rejuvenate the escalating challenges to international trade and to reinstate the equitable competitive business atmosphere for all entrants globally. The WTO being symbolic international trade institution shall have to make speaking ruling on the scope, meaning and application of these security exceptions. The protectionist tariffs recommended by the International Trade Commission (ITC) and Commerce Department of United States are not in line with the spirit of GATT, Anti-Dumping Agreement and Agreement on Safeguards. The World Trade Organization (WTO) will have to take serious initiatives for international regulation of Anti- Dumping Measures.
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References
Aaronson, Susan Ariel, and Patrick Leblond. "Another digital divide: the rise of data realms and its implications for the WTO." Journal of International Economic Law 21, no. 2 (2018): 245-272.
Alford, Roger P. "The self-judging WTO security exception." Utah L. Rev. (2011): 697.
Bown, Chad P. "China's WTO entry: antidumping, safeguards, and dispute settlement." In China's Growing Role in World Trade, pp. 281-337. University of Chicago Press, 2010.
Bown, Chad P. "Mega‐regional Trade Agreements and the Future of the WTO." Global Policy 8, no. 1 (2017): 107- 112.
Bown, Chad P. "Participation in WTO dispute settlement: Complainants, interested parties, and free riders." The World Bank Economic Review 19, no. 2 (2005): 287-310.
Bown, Chad P. "The economics of trade disputes, the GATT‘s Article XXIII, and the WTO‘s Dispute Settlement Understanding." Economics & Politics 14, no. 3 (2002): 283-323
Bown, Chad P. "US-China trade war: The guns of August." Trade and investment policy watch (2019).
Bown, Chad P., and Douglas A. Irwin. "Trump's Assault on the Global Trading System: And Why Decoupling from China Will Change Everything." Foreign Aff. 98 (2019): 125.
Bown, Chad P., and Meredith A. Crowley. "Policy externalities: How US antidumping affects Japanese exports to the EU." European Journal of Political Economy 22, no. 3 (2006): 696-714.
Bown, Chad P., Paola Conconi, Aksel Erbahar, and Lorenzo Trimarchi. "Trade protection along supply chains." (2021).
Brandt, Loren, Johannes Van Biesebroeck, Luhang Wang, and Yifan Zhang. "WTO accession and performance of Chinese manufacturing firms." American Economic Review 107, no. 9 (2017): 2784-2820.
Caporal, Jack, and Dylan Gerstel. "WTO Reform: The Beginning of the End or the End of the Beginning?." Center for Strategic & International Studies, October 23 (2018
Carlsson-Szlezak, P., Reeves, M., & Swartz, P. What coronavirus could mean for the global economy. Harvard Business Review, 3, (2020) 1-10.
Ciuriak, Dan. "The US-China trade war: Technological roots and WTO responses." Global Solutions Journal 4 (2019): 130-135.
CRS In Focus IF10998, Effects of U.S. Tariff Action on U.S. Aluminum Manufacturing, by Michaela D. PLATZER.
DCPD, U.S. President (Trump), ―Memorandum on Steel Imports and Threats to National Security,‖ Weekly Compilation of Presidential Documents, April 20, 2017,https://www.gpo.gov/fdsys/pkg/DCPD- 201700259/pdf/DCPD201700259.pdf- U.S. President (Trump), ―Memorandum on Aluminum Imports and Threats to National Security,‖ Weekly Compilation of Presidential Documents, April 27, 2017, https://www.gpo.gov/fdsys/pkg/DCPD 201700284/pdf/DCPD-201700284.pdf.
GATT, The basis for NMES treatment is provided by Article VI of the GATT (1994). It recognizes that member states may have difficulties in determining price comparability for the purpose of AD procedures for imports originating from countries characterized by distorted domestic markets" due to strong government control. Examples for this are a large number of state-owned companies or monopoly industry structures.
Itakura, Ken. "Evaluating the impact of the US–China trade war." Asian Economic Policy Review 15, no. 1 (2020): 77-93.
Lai, Edwin L-C. "The US–China trade war, the American public opinions and its effects on China." Economic and Political Studies 7, no. 2 (2019): 169-184.
Liu, Tao, and Wing Thye Woo. "Understanding the US-China trade war." China Economic Journal 11, no. 3 (2018): 319-340.
P.P. Presidential Proclamation 9704 of March 8, 2018, ―Adjusting Imports of Aluminum into the United States,‖ 83 Federal Register 11619, March 15, 2018, and Proclamation 9705 of March 8, 2018, ―Adjusting Imports of Steel into the United States,‖ 83 Federal Register 11625, March 15, 2018.
Plummer, Michael G. "The US-China trade war and its implications for Europe." Intereconomics 54, no. 3 (2019): 195-196.
Prud‘homme, Dan, and Mark Cohen. "Overlooked strategies for surviving the US-China trade war." The World Financial Review (2019).
Qin, Julia Ya. "Forced Technology Transfer and the US–China Trade War: Implications for International Economic Law." Journal of International Economic Law 22, no. 4 (2019): 743-762.
See, e.g., Communication from the United States, United States—Certain Measures on Steel and Aluminum Products, WT/DS548/13 (July 6, 2018).
Steinbock, Dan. "US-China trade war and its global impacts." China Quarterly of International Strategic Studies 4, no. 04 (2018): 515-542.
T.P. E.S.U.S.A.,Third Party Executive Summary of the United States of America, Russia—Measures Concerning Traffic in Transit, paras. 7–8, 18, WT/DS512 (Feb. 27, 2018).
These principles are defined in the Antidumping Agreement, also known as the Agreement on Implementation of Article VI of the GATT 1994 (WTO, 1994).
U.S. Department of Commerce, Bureau of Export Administration, ―The Effect of Imports of Iron Ore and Semi- Finished Steel on the National Security,‖ October 2001, https://bis.doc.gov/index.php/forms
U.S. Department of Commerce, March 2019, ―U.S. Department of Commerce Initiates Section 232 Investigation into Titanium Sponge Imports,‖ https://www.commerce.gov/news/press-releases/2019/03/us-department commerce- initiates-section-232-investigation-titanium.
U.S. President (R. Reagan), ―Statement on the Revitalization of the Machine Tool Industry‖ Weekly Compilation of Presidential Documents, vol. 22 (December 16, 1986), p. 1654.
aU.S. President (Trump), ―Memorandum on Steel Imports and Threats to National Security,‖ Weekly Compilation of Presidential Documents, April 20, 2017, https://www.gpo.gov/fdsys/pkg/DCPD- 201700259/pdf/DCPD201700259.pdf-.
bU.S. President (Trump), ―Memorandum on Aluminum Imports and Threats to National Security,‖ Weekly Compilation of Presidential Documents, April 27, 2017, https://www.gpo.gov/fdsys/pkg/DCPD 201700284/pdf/DCPD-201700284.pdf.
cU.S. Trade, ―The case for and against 232 action on steel: Three principal positions,‖ Inside U.S. Trade, June 12, 2017, and ―Awaiting an aluminum decision: some key comment takeaways,‖ Inside U.S. Trade, July 3, 2017.
aU.S. Department of Commerce, ―U.S. Secretary of Commerce Wilbur Ross to Initiate Section 232 Investigation into Imports of Laminations and Wound Cores for Incorporation into Transformers, Electrical Transformers, and Transformer Regulators,‖ May 4, 2020, https://www.commerce.gov/news/press-releases/2020/05/us-secretary commerce-wilbur-ross-initiate-section-232-investigation.
bU.S. Department of Commerce, ―U.S. Department of Commerce to Initiate Section 232 Investigation into Mobile Crane Imports,‖ May 6, 2020, https://www.commerce.gov/news/press-releases/2020/05/us-department commerce- initiate-section-232-investigation-mobile-crane.
aU.S. Department of Commerce, Bureau of Industry and Security, ―The Effect of Imports of Steel on the National Security,‖ January 11, 2018, https://www.commerce.gov/section-232-investigation-effect-imports-steel-usnational- security.
bU.S. Department of Commerce Bureau of Industry and Security, ―The Effect of Imports of Aluminum on the National Security,‖ January 17, 2018, http://www.commerce.gov/section-232-investigation-effects-imports aluminum-us-national security.
cU.S. Department of Commerce, ―U.S. Department of Commerce Initiates Section 232 Investigation into Auto Imports,‖ May 23, 2018, https://www.commerce.gov/news/press-releases/2018/05/us-department-commerce initiates-section-232-investigation-auto-imports.
dU.S. Department of Commerce, ―U.S. Department of Commerce Initiates Section 232 Investigation into Uranium Imports,‖ July 18, 2018, https://www.commerce.gov/news/press-releases/2018/07/us-department-commerce initiates-section-232-investigation-uranium
cU.S. Department of Commerce, ―U.S. Secretary of Commerce Wilbur Ross Initiates Section 232 Investigation into Imports of Vanadium,‖ June 2, 2020, https://www.commerce.gov/news/press-releases/2020/06/us-secretary commerce-wilbur-ross-initiates-section-232-investigation.
Under WTO legislation, member states can impose antidumping duties (temporary tariffs) on particular imports that are sold at less than the ―normal value," which is usually the product's price in an exporter's domestic market (Van Bael & Bellis, 2011). Other trade defence instruments include anti-subsidy as well as safeguard measures.
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