WTO概论复习资料Word版

Let’s Talk about Trade Policy and Trade Issues

MD, who else?

I Preliminary Knowledge

1 Tariff

(1) Specific Tariff（从量关税） Weight, quantity, volume

(2) Ad Valorem Tariff（从价关税） A percentage of the price (3) Compound Tariff（复合关税）

A mixture of specific tariff and ad valorem tariff

2 Non-tariff (1) Quota

(2) License（进口许可证）

General license and specific license; usually combined with quota, bidding (3) Custom Valuation (4) Technical Barriers (5) Environment issues

(6) GMO（Genetically Modified Organism，转基因生物）

3 VER & VIE

(1) VER(Voluntary Export Restriction) (2) VIE(Voluntary Import Expansion)

Aiming at trade balance, either domestic or foreign.

II GATT & Agreements

1 Historical Perspective of WTO

(1) Havana Charter (→GATT 1947)

a) Background: protectionism after WW II, Great Depression,

need to establish ITO (International Trade Organization); b) The charter is mainly about trade and commercial policies,

employment, economic activities, economic reconstruction, investment, restrictive business practice;

c) Failed to meet some countries’ interest, but much content

of Commercial policy survived in GATT 1947, provisional rather than legal;

(2) Marrakesh Agreements (establishing WTO)

a) The importance of Uruguay Round on Marrakesh Agreements

and the establishment of WTO;

b) Including Agreements about [trade in commodity, GATS,

TRIPs], DSU(Understanding on Rules and Procedures Governing the Settlement of Disputes), TPRM, PTA(

Plurilateral Trade Agreements);

c) Entered into force on 1 Jan. 1995, 128 GATT signatories; d) 160 members since 26 Jun. 2014

2 GATT 1947

(1) Basic Principles of WTO

a) Nondiscrimination(MFN, NT), Graduation Clause

b) Trade Liberalization(tariff, non-tariff, market access) c) Transparence d) Fair Competition (2) MFN clause---Article I

a) Most-Favored-Nation Treatment(MFN): any advantage, favor,

privilege or immunity granted by any contracting party to any product shall be accorded immediately and unconditionally to the like product of all other contracting parties;

b) Accord the basic principles, nondiscrimination, promote

trade liberalization as it’s Multilateral;

c) Exceptions: GSP, FTA, Anti-dumping. safety issues, etc. d) China’s benefits: double-edged sword; (3) National Treatment---Article III

a) National Treatment on Internal Taxation and Regulation:

the contracting parties should treat imported products and domestic products equally in terms of internal taxes and/or other internal charges, laws, regulations, and requirements;

b) Exceptions: government procurement, domestic subsidies,

etc.

c) Preference Policy and NT: depending on different

industries;

(4) Anti-dumping---Article VI

a) Dumping: products of one country are exported to another

country at a price less than the normal value, and is causes or threatens material injury to the importer’s industry;

b) “normal value” is defined by the comparable price, in

the ordinary course of trade, for the like product for consumption in the exporting country; or if domestic price not available: the highest comparable price for the like product exported to a third country, or the cost of the product plus a reasonable additional for selling and profit;