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WTO ruling: US tariffs on China are illegal

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WTO ruling: US tariffs on China are illegal
By JAMEY KEATEN
14 minutes ago

GENEVA (AP) — A World Trade Organization panel ruled Tuesday that Trump administration tariffs on $200 billion worth of Chinese goods are illegal, vindicating Beijing even if the United States has all but incapacitated the WTO’s ability to hand down a final, binding verdict.

The decision marks the first time that the Geneva-based trade body has ruled against a series of high-profile tariffs that President Donald Trump’s government has imposed on a number of countries — allies and rivals alike. Trump has repeatedly claimed that the WTO treats the U.S. unfairly.

In its decision, the WTO’s dispute settlement body ruled against the U.S. government’s argument that China has wrongly engaged in practices harmful to U.S. interests on issues including intellectual property theft and technology transfer.


The ruling, in theory, would allow China to impose retaliatory tariffs on billions’ worth of U.S. goods. But it is unlikely to have much practical impact, at least in the short term, because the U.S. can appeal the decision and the WTO’s appeals court is currently no longer functioning — largely because of Washington’s single-handed refusal to accept new members for it.

The appeals court issues final rulings in trade cases and stopped functioning last year when the terms of two of its last three judges expired with no replacements. That means the United States can appeal the decision “into the void,” said Timothy Keeler, a lawyer at Mayer Brown and former chief of staff for the U.S. Trade Representative.

“This panel report confirms what the Trump administration has been saying for four years: The WTO is completely inadequate to stop China’s harmful technology practices,” said U.S. trade representative Robert Lighthizer in a statement. He said the U.S. had presented “extensive evidence” of China’s intellectual property theft and the WTO has offered no fixes for it.

“The United States must be allowed to defend itself against unfair trade practices, and the Trump administration will not let China use the WTO to take advantage of American workers, businesses, farmers, and ranchers,” he added.

The Chinese ministry of commerce said the ruling was “objective and fair” and called on the U.S. to respect it.

The U.S. tariffs target two batches of Chinese products. Duties of 10% were imposed on some $200 billion worth of goods in September 2018, and were jacked up to 25% eight months later. An additional 25% duties were imposed in June 2018 against Chinese goods worth about $34 billion in annual trade.


 
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WTO sides with China against US tariffs

Published: Tuesday, 15 September 2020 11:55 pm


The United States has been violating free trade rules by slapping hefty tariffs on imports from China as part of its trade spat with the Asian manufacturing giant, the World Trade Organisation says.

Officials in Beijing had filed a complaint at the Geneva-based body after the US imposed more than $US200 billion ($A273 billion) of duties on Chinese goods in 2018 as retaliation against alleged unfair government subsidies and theft of technological know-how by China.

The WTO dispute panel ruled that the measures discriminated against China and that the tariffs exceeded limits to which the US is bound.

It also concluded that the US failed to show how the Chinese imports that it targeted were linked to Chinese intellectual property theft.

The US government had claimed that there was no legal basis for a ruling, arguing that Chinese-US trade talks amounted to a decision to settle the matter outside the WTO system.


However, the WTO pointed out that the world's two largest economies had not come to an agreement and that China had not intended the talks to replace the WTO process.

WTO said the US should stick to international free trade rules, and it encouraged officials in Washington DC and Beijing to negotiate a solution.

 
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What happens next? If US still refuse to lift the tariff, what can WTO do?
 
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What happens next? If US still refuse to lift the tariff, what can WTO do?
Symbolic purposes more than anything but China needs to strike some better deals with Europe and other Asian countries if it really wants to gain international sympathy.
 
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