American Trade & Manufacturing Blog

Tag Archives: World Trade Organization

Commerce Department Finds that China Remains a Non-Market Economy Under U.S. Law

Posted in Trade Agreement Compliance, Trade Policy, Trade Remedies, World Trade Organization
On October 27, 2017, the U.S. Commerce Department issued its preliminary determination in the antidumping investigation of Aluminum Foil from China.  A key aspect of this determination was an analysis of whether China should continue to be treated as a non-market economy in U.S. antidumping investigations.  In this regard, Commerce concluded that China remains a… Continue Reading

President Calls For Inquiry Into China’s Technology Transfer Policy

Posted in Trade Negotiations, Trade Policy, World Trade Organization
On August 14, the President directed the U.S. Trade Representative (USTR) to study China’s policies of forcing U.S. companies to transfer technology and intellectual property to Chinese enterprises.  China uses a number of laws, policies, and practices that require U.S. companies to give up their technology as a prerequisite for either selling or investing in… Continue Reading

U.S. Trade Representative Notes China’s Lack of Progress on Overcapacity, State-Owned Enterprises

Posted in Trade Agreement Compliance, Trade Policy, World Trade Organization
In a new report on China’s compliance with its WTO obligations, the U.S. Trade Representative (USTR) highlights a number of shortcomings, including industrial overcapacity and the prominence of state-owned enterprises (SOEs).  The report emphasizes that “excess capacity in China . . . hurts U.S. industries and workers not only because of direct exports from China… Continue Reading

WTO Panel Strikes Down India’s Domestic Content Requirements on Solar Cells and Modules

Posted in Manufacturing, Trade Agreement Compliance, Trade Negotiations, World Trade Organization
A World Trade Organization Panel today issued a report finding that Indian domestic content requirements covering solar cells and modules used by solar power generators violate Article III:4 of the General Agreement on Tariffs and Trade (GATT) and Article 2.1 of the Agreement on Trade-Related Investment Measures. This is a notable victory for the United… Continue Reading

China’s WTO Subsidy Notifications – The Drama Continues

Posted in Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy, Trade Remedies, World Trade Organization
In a World Trade Organization (WTO) submission filed on January 28, the United States once again took issue with the substance of China’s subsidy notifications to the WTO.  The WTO’s  Agreement on Subsidies and Countervailing Measures (SCM Agreement) requires WTO Members to provide annual notifications of any subsidy programs in a manner that is “sufficiently specific… Continue Reading

Evaluating the Trans-Pacific Partnership Trade Agreement

Posted in TPA, TPP, Trade Negotiations, Trade Policy
The Trans-Pacific Partnership (TPP) free trade agreement has been available for more than a month now. While analysts are still sorting through the 30 chapters and more than 100 side letters, many are now weighing in with assessments of the agreement, including whether U.S. industries–and the public–will benefit or lose as a result. For instance,… Continue Reading

USTR Submits Third China Subsidies “Counter-Notification” in Four Years

Posted in Manufacturing, Trade Agreement Compliance, Trade Policy, World Trade Organization
On October 19, the United States Trade Representative (USTR) invoked Article 25.10 of the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures (Subsidies Agreement) to notify the Chinese government of a list of measures that the United States believes should be reported to the WTO as subsidy programs. This “counter-notification” is the third… Continue Reading

Treatment of China as a Non-Market Economy Country After 2016

Posted in Antidumping, World Trade Organization
When China joined the World Trade Organization (WTO) in 2001, there was general agreement that because of the Chinese government’s pervasive control over prices, it would be unrealistic to require other WTO members to use Chinese prices and costs in antidumping investigations of Chinese imports. This agreement was embodied in Section 15 of China’s Protocol… Continue Reading

Trains, Chips, and Servers: China Moves to Corner the IT Market

Posted in Manufacturing, Trade Agreement Compliance, Trade Negotiations, Trade Policy, World Trade Organization
The China Banking Regulatory Commission (CBRC) has issued a plan calling for “sinification” of the Chinese banking industry’s IT infrastructure, including computers, network equipment, data storage equipment, security devices, software, and other items. The plan would require that 75 percent of this IT infrastructure be Chinese-sourced by 2019.  While this state-mandated shift to domestic products… Continue Reading

WTO Decisions Create Questionable Standards for Subsidies Benchmarks

Posted in Dumping and Subsidies, Trade Agreement Compliance, Trade Remedies, World Trade Organization
In two recent disputes, the World Trade Organization (WTO) Appellate Body issued reports that make the world safer for subsidized exports.  Following decisions that restrict the Department of Commerce’s (“Commerce”) ability to identify state-owned enterprises as “public entities,” these reports raise important questions, including: Why is the Appellate Body issuing decisions that arguably safeguard state… Continue Reading

WTO Dispute Resolution – Twenty Years Old, and an “Unprecedented Increase” in Disputes

Posted in World Trade Organization
The World Trade Organization (WTO) dispute settlement process, now 20 years old, is busier than ever.   At the Dispute Settlement Body’s (DSB) meeting on August 29, WTO Members reviewed the status of six ongoing disputes, which demonstrate the growth – and growing complexity – of dispute resolution.… Continue Reading
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