USTR Invites Comments Regarding China's Compliance with WTO Commitments

The United States Trade Representative (“USTR”) is inviting the public to give their comments and questions about China’s compliance with the World Trade Organisation (“WTO”) commitments through written submissions. The submissions will be used to assist the USTR to prepare the annual report to Congress regarding China’s compliance. Due to COVID-19, this will not be taking place in person this year.

The comments should be submitted by September 16th 2020 to be considered by the Trade Policy Staff Committee (“TPSC”).

The TPSC is specifically asking for more information on how China is intending to adhere to the WTO principles in the following areas:

  • Trading rights.

  • Import regulation (e.g. tariffs)

  • Export regulation.

  • Internal policies affecting trade (e.g., subsidies, taxes and charges levied on imports and exports).

  • Intellectual property rights and enforcement

  • Services.

  • Rule of law issues and the status of legal reform.

  • Other WTO commitments.

The TPSC is also asking for the public to highlight any areas that are not listed above but that they believe to be unresolved issues regarding China’s compliance with the WTO.

Background:

Since China’s accession to the WTO in 2001, the US and many other WTO members have alleged that China has not complied with the WTO’s fundamental principles of market access, reciprocity, fairness and transparency. Many say that even after years of efforts from WTO members to help China change to a market economy for its own and other state’s benefit, China has not enforced any meaningful change. As a result, other WTO members have endured substantial costs to their economy and a disadvantage in the market as they cannot compete with China.


Therefore, the USTR is required to submit a report to Congress annually under Section 421 of the US-China Relations Act of 2000, which concerns China’s compliance with the WTO commitments and principles. In preparation of this, the USTR would like to hear the public’s thoughts on China’s relationship with the WTO and its members and to incite more information about how China is approaching the above topics.


Amit & Co International Law Firm does not necessarily support or reject the views written within this article but is merely reporting on this topic to inform its readers on an issue.

For more information about trading with the US or China, arbitration and international dispute resolution, please feel free to reach international attorney and mediator Amit Ben-Yehoshua at amit@amit-law.com. #chinatrade #chinafdi #chinaustradedispute #USTR #amitlaw


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