Sunday, December 12, 2010

The beauty of poultry meat in China v. restrictive measures case first win curb trade restrictions

Business daily news in a game of international law in domestic law of the trial, China United States achieved a first win.

Reporter yesterday from authoritative sources, China in the World Trade Organization (WTO) v. United States meat restrictions, the group released its interim report, the report found on poultry meat of United States import restrictions violate WTO on animal and plant quarantine measures related rule violated WTO MFN and abolition of quantitative restrictions. Interim report indicates that China's actions are almost all request expert group support. If in the next 90 days from the United States is not to appeal, my first challenge United States Congressional legislation would deliver a comprehensive victory.

"Since 2001, the WTO, this is my first time actively use WTO mechanisms to maintain its own in global trade interests and position, in the multilateral trading system for their gain a valid status, to achieve a breakthrough. "The Chinese Academy of social sciences, Institute of world economics and politics Division Director, international trade, the financial crisis songhong stressed, frequent United States trade protectionism," made in China "has become a trade protection system number one in the affected countries, and the beginning of America v. legislative victory will make the United States trade restrictions of the" arrogant "effectively halt the momentum, as the other affected enterprise and injured a warning.

It is understood that the US China poultry limitation measures refers to the United States will be the 2009 Consolidated Appropriations Act No. 727 terms. This provision provides that Government funding may not be used for the preparation or implementation of poultry meat imports from China, that is, a complete ban on rules from the imported poultry meat in China. In fact, such a prohibition in the United States in previous legislation also exists. Industry sources, these unilateral measures in serious breach of the General Agreement on tariffs and trade, the WTO agriculture agreement and other relevant rules, hinders us poultry meat trade operate normally, undermines our poultry enterprises of legitimate rights and interests, is a typical trade protectionist measures.

The Chinese Government has at last April 17, the United States resorting to the WTO, the United States in accordance with the relevant procedures for consultation, but have not been resolved. For this reason, China to the WTO dispute settlement body (DSB) to set up an expert group. The Chinese Government's request, the WTO in 2009 to July 31, formally established by the DSB expert group, the restrictions considered United States imports, the Chinese poultry meat, and recently published interim report.

The present case is still in the group stages, the United States if the ruling, may appeal. According to the requirements from the parties to the dispute formally notifies its decision on the date of the appeal to the appellate body report circulated its date of expiration of the appeal hearing is, in principle, not to exceed 60 days, during this period, the appellate body shall establish the specific timetable, with due regard to the time requirements in cases of emergency. But in any case, the appeals procedure shall not exceed 90 days. In other words, if future within 90 days of the United States does not appeal, the expert group report will become final.

Analysts expressed, after China's accession to the WTO gave the impression that the reluctance to litigation, and now you have the WTO dispute settlement mechanism as a very effective and necessary means of foreign trade, this is a major change.

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