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Sunday, April 8, 2018

TRADEWAR--China -WTO Grievance--GATT '94 & THE UNDERDEVELOPED CLAUSE

 ENG102-1105//ESSAY--UNIVERSITY OF NEVADA, RENO//PROF. M JUDD SPRING 2018


(Pier 17, The Embarcadero)--Following preliminary notes regarding upcoming assignment, topic of choice, 5 pages.: The US-China Trade Dispute--








China Complaint-- G/L/1219 ; WT/DS543/1
China has requested consultations with the United States under the WTO’s Dispute Settlement Mechanism regarding the United States’ tariff measures on certain Chinese goods which would allegedly be implemented through Section 301-310 of the US Trade Act of 1974. The request was circulated to WTO members on 5 April.]   China claims the tariffs would be in excess of the United States' bound rates and are inconsistent with Article I.1 and Article II.1(a) and (b) of the General Agreement on Tariffs and Trade and Article 23 of the Dispute Settlement Understanding.

https://www.wto.org/english/news_e/news18_e/ds543rfc_05apr18_e.htm

CITED EXAMPLE :  Article I.1 of the GATT 1994, because the measures at issue fail to extend immediately and unconditionally to China an "advantage, favour, privilege or immunity" granted by the United States "[w]ith respect to customs duties and charges of any kind imposed on or in connection with" the importation of products originating in the territory of other Members.


The US Intellectual Property Dispute:       IP/D/38 ; WT/DS542/1

 China denies foreign patent holders the ability to enforce their patent rights against a Chinese joint-venture party after a technology transfer contract ends. China also imposes mandatory adverse contract terms that discriminate against and are less favorable for imported foreign technology. Therefore, China deprives foreign intellectual property rights holders of the ability to protect their intellectual property rights in China as well as freely negotiate market-based terms in licensing and other technology-related contracts.

Patent Infringement Courts In China/Review
Patent Infringement/China in the USA/Review

CHINA/WTO Page
USA/WTO Page  







GATT '94 SPECIFICS:
(General Agreement on Tariffs and Trade)

Article 36: Principles and Objectives:

(b) considering that export earnings of the less-developed contracting parties can play a vital part in their economic development and that the extent of this contribution depends on the prices paid by the less-developed contracting parties for essential imports, the volume of their exports, and the prices received for these exports;
(c)  noting, that there is a wide gap between standards of living in less-developed countries and in other countries;

agree as follows.
2. There is need for a rapid and sustained expansion of the export earnings of the less-developed contracting parties.
3. There is need for positive efforts designed to ensure that less-developed contracting parties secure a share in the growth in international  trade commensurate with the needs of their economic development.

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THE ESCALATION-- REVIEW

http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-tariff-farmer-react-st-0408-20180407-story.html

President Donald Trump last month announced he would impose tariffs on Chinese steel and aluminum. China quickly retaliated, announcing it would target more than 100 American products, including pork, stainless steel pipe and aluminum scrap. A couple of days later, China added another 100-some products, including soybeans, beef and cars. Trump fired back with another round of tariffs late Thursday.

Immediately after China announced it would impose tariffs on soybeans and other products, the price dropped by 4 percent to $9.97 a bushel. On Friday morning, they were at $10.21 a bushel, still lower than the 52-week high of $10.71 per bushel.





Facts about U.S. aluminum scrap exports:
  • The U.S. exported $2.34 billion/1.57 million metric tons of aluminum scrap worldwide in 2017. Approximately 50% of these exports went to China.
  • The U.S. exported $1.17 billion/820,000 metric tons of aluminum scrap to China in 2017. This was approximately 50% of China’s total imports of aluminum scrap that year.
  • A 25% tariff would mean a nearly $300 million price burden on a trade relationship that represents nearly 25% of the entire world’s trade in aluminum scrap.
  • The second largest exporter of aluminum scrap to China in 2017 was the European Union at $360.51 million/231,556 metric tons.
  • http://www.isri.org/news-publications/article/2018/03/26/recycling-industry-responds-to-china-s-announcement-on-aluminum-scrap-tariffs

The Gang of 106 Products that China will stick with duties-- (Codes: http://hs.e-to-china.com/)

https://www.cnbc.com/2018/04/04/the-full-list-of-us-products-that-china-is-planning-to-hit-with-tariffs.html

The Gang of 1333 imposed on China:
https://ustr.gov/sites/default/files/files/Press/Releases/301FRN.pdf

Broken down roughly by category--
8-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS)
https://www.usitc.gov/tata/hts/index.htm

Radioactive components--  4
Pharmaceutical/chemical--88
Rubber--    8
Iron and Steel--150
Aluminum and alloys--27
Reactor components--4
Boiler, vapor, steam parts--15
Turbine type parts--32
Pumps, compressors--17
Dryers, distillers--25
Packaging equipment--50
Machinery, all types---10 pages
Ball bearings--
Transformers--
Motors--
Circuit assemblies--
Batteries--




THE HANG SENG--FRIDAY--




BVSP---04/06/18--





International Stock Market hours--
https://eresearch.fidelity.com/eresearch/markets_sectors/global/marketHours.jhtml

The Markets--
https://tradingeconomics.com/stocks

HSI Indexes--
https://www.hsi.com.hk/HSI-Net/

À SUIVRE