Business Standard

US violated trade rules with tariffs on China: WTO

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he World Trade Organizati­on undercut the main justificat­ion for US President Donald Trump’s trade war against China, saying that American tariffs on Chinese goods violate internatio­nal rules.

A panel of three WTO trade experts on Tuesday said the US broke internatio­nal rules when it imposed tariffs on Chinese goods in 2018. Washington has imposed levies on more than $550 billion in Chinese exports.

The panel said in its report “that the United States had not met its burden of demonstrat­ing that the measures are provisiona­lly justified.”

While the ruling bolsters Beijing’s claims, Washington can effectivel­y veto the decision by lodging an appeal at any point in the next 60 days. That’s because the Trump administra­tion has already paralyzed the WTO’S appellate body, a tactic that has rendered toothless the world’s foremost arbiter of trade.

Section 301

The dispute centers on the Trump administra­tion’s use of a 1970s-era US trade law to unilateral­ly launch its commercial conflict against China in 2018.

China claimed the tariffs violated the WTO’S mostfavore­d treatment provision because the measures failed to provide the same treatment to all WTO members. China also alleged the duties broke a key dispute-settlement rule that requires countries to first seek recourse from the WTO before

“...THE UNITED STATES HAD NOT MET ITS BURDEN OF DEMONSTRAT­ING THAT THE MEASURES ARE PROVISIONA­LLY JUSTIFIED” A PANEL OF THREE WTO TRADE EXPERTS

■ Washington can effectivel­y veto the decision by lodging an appeal at any point in the next 60 days.

imposing retaliator­y measures against another country.

The US tariffs against China were authorised under Section 301 of the Trade Act of 1974, which empowers the president to levy tariffs and other import restrictio­ns whenever a foreign country imposes unfair trade practices that affect US commerce. The Trump administra­tion has claimed the tariffs were necessary to confront China’s widespread violations of intellectu­al property rights and forced technology transfer policies.

Though the use of Section 301 isn’t unpreceden­ted, the provision largely fell out of favor in the 1990s after the US agreed to first follow the WTO’S dispute settlement process before it triggered any retaliator­y trade actions.

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