The steel industry is United States heartstrings, for many years on the protection of the United States, the use of anti-dumping, countervailing and safeguard measures to restrict imports of iron and steel products, call international scandal. WTO members rallied and attack in WTO indicted, United States steel trade war over and over again.
As of now, the WTO has accepted 30 cases involving steel products case, which sued the United States is 23. Unfortunately, these proceedings and there is no real change in the United States of protectionist policies.
United States steel protection cited in numerous proceedings
Before the 1990s, the United States has been on France, Italy, United Kingdom, Germany, Spain and Switzerland in various US-steel levy of countervailing duties. From the beginning of the 1990s, the United Kingdom United States successively on iron and steel company, a joint project of four steel co., Ltd., United Kingdom company of United States steel levy countervailing duties on the grounds that these companies are State-owned enterprises, Government subsidies, 1988 to private, Government subsidies with the transfer.
The EU is very dissatisfied, but negotiations failed. 1994-1996, the United States after a mid-term review, the decision to continue to tax, finally provoked the EU. 30 June 1998, the EU prosecution of United States. WTO Panel and appellate body after hearing that, in the privatization process of the assignee to the payment of the equivalent with company property, funds of the United States cannot prove that the original Government subsidies transferred to the new owner, liable to judgment against the United States.
United States are not willing to change tax reasons, to the "all these companies have no substantive change" as an excuse to continue to levy a countervailing duty. 10 November 2000, the EU once again sued. Against the United States again, but very reluctant to enforce an award, has exhausted all means of avoiding implementation, dragged on for three years, until September 2005 not yet implemented.
Not only for the United Kingdom, on the other countries of the United States, United States steel also adopted anti-dumping, anti-subsidy and safeguard measures. These countries start on United States accusation attack battle into the white-hot steel trade.
In 1999, Korea and Japan, respectively, of the United States indictment; in 2000, EU, Korea, India, Brazil has sued the United States; in 2002, Japan, EU, Korea, China, Norway, New Zealand, China, Taiwan, Brazil, respectively, of the United States prosecuted. 1999-2002, the United States in three years of being sued by 20 times, which was v. 6, 2000, 2002, v. 11 times.
In such action, prosecution or think that United States anti-dumping and anti-subsidy investigation into abuse of power, violation of the provisions of the Treaty; or that you cannot prove that the United States in a similar industry impaired cases, on imports of steel products adopt safeguard measures, or think that United States in the relief measures due to the "sunset review" deliberately extend tax period, and so on.
From here, the United States steel protection raises WTO litigation history of high level on the summary. The parties to the dispute are sent a top team, the anti-dumping agreement, the countervailing measures agreement and the special safeguard measures agreement of many technical arrangements for the debate and argumentation over and over again. Expert Group and the appellate body on controversial provisions classic notes, becoming international economic law school of important research data. WTO official website is also frequently cited of these cases the official interpretation of the treaties. During the Doha Round negotiations, many Member States also refer to these cases, the request to fill the gaps of the Treaty.
The results of the action are United States on the issue in dispute in the main, but in the end of the implementation was very unsatisfactory. The European Union, Japan and Korea are among the most active of the prosecution are repeatedly prosecuted. On the EU, the United States took over time, reluctantly complied with a ruling. On Korea's prosecution and, finally, the two sides agreed on the implementation of the settlement. Prosecution against Japan, the United States "cheat" and refused to perform.
For example, in November 1999, the United States to Japan to prosecute us-steel against illegal dumping, United States. In November 2001, the United States first starts executing, the need for a "reasonable time" after a year and made the Government was and Congress, Congress to modify the communication Act takes time. Before long, the United States to the WTO dispute settlement body of the "reasonable time" needs to be extended for one year, to be approved. Later the United States and twice before the due date to apply for extension of the "reasonable time", each year, were approved. Until July 2005, the United States Congress did not modify the Act. Finally, the two sides signed an understanding Japan reserves the United States to take retaliatory measures, the case was not pursued.
Technically, the 2000 several cases originating in the United States with an anti-dumping, anti-subsidy measures could be combined. The prosecution has asked the joinder, but the United States strongly disagree, requirements are considered separately. In 2002, several cases have originated from the same special protection measures, the United States still persist, meaning respectively during the implementation phase on different prosecution using different measures, grasp the initiative. Encountered such as the European Union, the United States have a strong opponent of enforcement; encounters like Korea this strategic partnership, United States can use diplomatic means to let the "kids" xisu; while experiencing like Japan such a "citou-er," United States "cheat", resolutely not implemented.
United States: protection of iron and steel will not waver
The backbone of the iron and steel industry, can affect a country's economic security. According to the United States Steel Association statistics, United States annual steel total demand is 1.5 million tons to 1.6 million tons (2006 economic situation better, 1.76 million tons, but during the economic crisis in 2009, only consume a 9400 million tons). No matter how changes in market demand, the United States domestic supply always market aggregate demand of 56% to 61%, imports of finished steel accounts for 16% to 18% indirect imports of steel products accounted for 24% to 28%.
The ratio is the bottom line of the United States Government to seize, impassable. Why?
First, the United States steel industry giants always in Congress have a very strong forces, to influence Congress and Government decision-making. 2000 –
In 2002, the United States in defiance of international condemnation, insist on iron and steel industry to adopt protectionist measures that some academics that this is a presidential election period, the Bush administration can't offend the iron and steel industry in Congress.
Second, the steel industry is a labour-intensive industry, to help the Government reduce employment pressure. If the Government allowed the massive influx of imported steel not only cause the loss of market, the domestic manufacturer also makes a large number of unemployed steel workers, social implications. 20 July this year, the United States steel industry association has sent a letter to Senate majority leader, on Congress in employment practices big plus, and recommends the adoption of more specific measures for the implementation of the iron and steel workers in employment.
Third, the United States Government for its manufacturing of shrinking very worried. Recently, the Obama administration has launched the "export stimulation program", prepared by 2015 for United States of manufacturing exports doubling, for people to create a large number of employment opportunities. Iron and steel industry is the leading industries in the manufacturing sector, the United States to adopt strict measures of protection. 25 July this year, the United States steel industry association has sent a letter to the United States Department of Commerce, trade promotion and Coordination Committee, strongly supported Obama administration of "export stimulation program," said United States indirect imports of steel products is increasing, and requests the Government to take more stringent import restrictions, including control of China's exchange rate manipulation, encourage domestic investment, bilateral talks and even lift the WTO litigation and so on.
Visible, steel trade war international condemnation cannot fundamentally resolve the United States of protectionist policies. United States not only won't let import steel preemption its share of domestic producers, and will continue to expand domestic supply, further restrict imports. To this end, the effect of the WTO litigation is very limited.
China: trade wars new power?
China in March 2002, and the other Member States while prosecution of seven United States steel safeguard measures, and in other situations tend to third parties in the proceedings. Under the WTO dispute settlement mechanism, the third party only review section litigation materials and comments, no entity on the powers and obligations of the litigation. In other words, China is not alone because steel trade and the United States at the WTO with them. However, at present, China's exports of iron and steel products on the United States, but in a very unfavourable position.
First, export volume is declining. According to the United States Steel Association July 27, reported that the first half of this year, the United States largest foreign supplier is Korea (88.9 million tons), Japan (62.1 million tons) and Germany (45 million tons). 2010 United States will import of finished steel 1833.6 million tons, a 2009 1417.8 million tons by 29.3%. China to the United States the total amount of the finished steel is 74.5 million tons, compared to the 2009 146.3 tons down 49.1%. In addition to Chinese, other suppliers to the United States has increased the total amount, including Australia and Germany, the biggest increase will be $ 87.6% and 82.1%; Korea, Turkey, and the Japan times, 26% to 34%; India will also increase 16.9%.
Second, the United States to its domestic supply of atrophy blamed for China's export-oriented policy, Government subsidies, exchange controls and other trade measures. United States Steel Association President ThomasJ.Gibson accused: "the economic crisis in 2009, the United States on China indirectly steel trade deficit reached 54% more than in 2008 (47%) has increased by 7 percentage points. We cannot afford a Chinese State-owned steel manufacturing industry impact of ";" China's economic development patterns affecting the steel industry of all downstream manufacturing, none of the United States and China's manufacturing industry to this massive development model; the "China model" has been on United States steel industry, manufacturing, and national security posed a serious threat to all countries in North America should be on China's direct and indirect steel trade restrictions, using stringent laws and measures-China's unfair trade and exchange rate manipulation ".
This is a realistic version of "China threat".
Based on this understanding, the United States Government continues to protest China's iron and steel industry. First half of this year, the United States launched a total of 11 anti-dumping, anti-subsidy investigations, of which 10 related to six Chinese products, iron and steel products for the Chinese. China US-steel doors and Windows of the grille had been convicted of a collection of 136% to 96% of the anti-dumping duties and countervailing duties 62.46%. This is not enough, recently has two similar products in the United States sent a letter to the United States Government, the manufacturer says China in the production of these grid without steel, don't know the physical properties and chemical properties of steels, will use these products in United States schools, factories, entertainment venues, shopping centres and transport have security implications, requests the Government to enable technical barriers.
Now China's steel industry is "cut" at both ends of a turnip. On the one hand, the international iron ore monopoly Giants changed the pricing mechanism, iron ore prices soaring, iron and steel industry is increasingly expensive. It is reported that the freshwater Valley this year's second quarter profit growth more than four times the growth in demand in China leads push for iron ore spot price-on-year growth of more than 2 times. On the other hand, exports of steel and steel products constantly encounter barriers to trade, you must pay the amount of anti-dumping duties and countervailing duties. Coupled with other factors, some might have been in a loss situation, it is difficult to reverse.
Regardless of whether or not the Chinese steel industry profits, if the United States continue to adopt a hostile attitude and discrimination policies, it is necessary to have recourse to the WTO. Although the United States has had a more mature litigation experience and means of circumventing decision, our litigation process is more important than the results.
First, you can use to submit relevant evidence in litigation, an adequate statement of the United States, measures in full view, accept international public opinion.
Secondly, to promote Chinese products in the United States to limit when convergence, prevent even do whatever they want.
Finally, why is this year another US-steel ratio is increased, while China has reduced? although United States on the restrictions on imports, but the cake or Yes. We can't put their share handing, should take the initiative to fight, to belong to our
The piece.