Late victory slow execution
Yesterday, there was media coverage in China in the WTO v. u.s. poultry restrictions case to win. For this, the Commerce Department related to the business news reporter pointed out that China really received a copy of the assessment report. But since the WTO requires that all cases, the parties in the group before you finalize, you cannot publish the details. Therefore, the Department of Commerce is not fit to disclose relevant information.
June 16, a source said, China in the WTO v. u.s. poultry restrictions case to win. This is China's first challenged United States Congressional legislation, United States Congressional legislation in China sued first victory.
The sources pointed out that, in the United States WTO v. poultry restrictions, the group released the interim report. Report finds United States on China's poultry import restrictions violate WTO on animal and plant quarantine measures related rule violated WTO MFN and abolition of quantitative restrictions. The Chinese side claim almost entirely supported by the expert group, which is called.
Allegedly, this is the first time in the United States Congress legislative WTO indicted, in the United States Congress legislative WTO challenge is common, but one cannot be successful.
Breakthrough in the United States economic and security review Commission
China's appeal comes from avian influenza in the United States after the events of a protocol. In 2004, after the outbreak of avian influenza, China stop imports of poultry meat products in the United States, and the United States also has not previously on the market of China releases poultry meat.
In April that year, the two sides agreed on agreed to decommit their respective prohibitions conventions in the performance-related, after the US side of China's exports of frozen poultry meat products, China is in exports to u.s. poultry meat cooked. The US side want to export, and guarantee commitment, the Chinese side therefore ex parte poultry meat products ahead of the United States opened up the market.
But in the United States meat products enter the United States began in China, for various reasons prevent Chinese poultry meat exports to the United States. Such a situation, has lasted 5 years. "Surface feel is stiffed. "International trade and Economics University Dean, zhaozhong Sau said," why is not the deep chicken. ”
He pointed out that this is just the 2006-2007, the United States Congress on China's economic policies as part of the consideration. At that time the United States economic and security review Commission submitted to Parliament including the manipulation of the trade of China, the Renminbi exchange rate cause the Sino-US trade imbalance, State-owned enterprise reform, etc. Because the United States economic and security review Commission expert Committee member most biased against China, the Chinese imports of chicken meat to make restrictions this thing, it's not strange.
As a result of the work of the United States Congress in China has been little progress, "the chicken" imagining ", is on the United States Congress legislative procedures of a victory. Symbolic significance greater than the actual benefits. "Zhaozhong Sau said.
Late victory
Web site according to the China Ministry of Commerce, US China poultry limitation measures refers to the United States Congress for the 2009 General 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, the Chinese rule, is actually a ban, such a prohibition in the United States in previous legislation also exists. April 17, 2009, China will take us China poultry restrictions have recourse to the WTO dispute settlement mechanism.
But the beauty of the local time after October 21, 2009, United States President Barack Obama officially signed the 2010 agriculture appropriations bill. The Act No. 743 terms on the Consolidated Appropriations Act, 2009 article 727 provisions had been amended provisions to meet inspection verification, enhanced transparency measures, allow the money will be used for the import of Chinese poultry or poultry products.
That is, no, the WTO ruled that the US has made changes to the Act. Moreover, because in the direction of the WTO litigation is only applicable to first 727 2009, therefore, even if the victory, the act invalid, no practical effect.
"Although the US has conditions: for example, the preset inspection verification, enhanced transparency measures, but if we win, we can target these details again talks with the United States. This is never import issues of principle, the rules for the verification of steering. "Zhaozhong Sau pointed out.
WTO dispute settlement mechanism is, in the present interim report, and through the six-month period of the last three weeks, you also need to have three weeks to seek the prosecution (China), appearance (United States) of the comments, and the Group touches. After the modified report will be circulated to WTO members, and then after 2 months of dispute settlement mechanisms. In this way, the most optimistic scenario, is 3 and a half months later, at the end of September to a finalize the report.
By Convention, this report, the US has three months from the time of the appeal. The United States in order to express the attitude, and delay time, should be an appeal. So, this report really able to execute, it is necessary to wait until the victory by the end of December.
Zhaozhong Sau, based on the past, in the interim report of the consultation period, the WTO dispute settlement panel to hear the prosecution (China), appearance (United States), as well as third parties, such as Turkey, the European Union and independent judgment. Party involved in the United States has two options that is, "agreed to report" or "disagree", report of the appeal would not be able to provide more revisions. And from third-party opinion practices, to overthrow the possibility of interim report of the award.
Therefore, this interim report predicts that China final good chance of winning.
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