Don't expect will immediately recognize the Chinese market economy status

Sino-US dialogue after the closing of the United States will quickly recognize the "China's market economy status" became the focus of some media publicity. In fact, "China's market economy status" issue is a very complex trade law issues, is not optimistic, and after a few days during the dialogue, the United States also made several aimed at China trade relief measures

May 24, the second round of the Sino-US strategic and economic dialogue in Beijing. This dialogue attracted European States and the world's attention. From Reuters financial commentator Joanna also pointed out that in the European sovereign debt crises, global are concerned about this dialogue. There is also a comment that this dialogue will "after the crisis for economic and trade relations in the era of the tone."

World, dialogue made rich results. Nearly 6000-word description of the Federated results, 5 point major consensus, 8 cooperation agreement and 26 concrete results are favourable.

Both in economic and trade fields consensus as to the outcome of this dialogue. United States committed to us will be in trade remedy investigations, seriously consider and give to the "market-oriented industry" for Chinese enterprises to justice, fair treatment, and adoption of the Joint Commission on Commerce and trade, in a cooperative way to quickly recognize the Chinese market economy status. For Vice Premier Wang Qishan proposed by the United States to China in the United States export control issues, also committed on the current export control system.

After the closing of the United States will quickly recognize the "China's market economy status" became the focus of some media publicity. In fact, "China's market economy status" issue is a very complex trade law issues and not a dialogue will be able to solve, we need to look cool.

"China's market economy status" topic in this round of dialogue are, in fact, as early as June 2008 Sino-American fourth strategic economic dialogue, that used to stand in the "by the Joint Commission on Commerce and trade cooperation as a way to quickly recognize the Chinese market economy status". Last July, held in Washington, d.c., for the first round of the strategic and economic dialogue, the United States also made the same commitment.

For this type of presentation, the Department of Commerce, dialogue, merely reiterated the previous statements, does not represent an update of progress. In fact, in may, 25 June-foreign media briefing, Commerce Minister Chen Deming says in market economy status, both sides did not reach consensus. While the United States on this issue, you can choose from the real attitude of the United States Deputy trade representative before esserman in media interviews in the statement. She has straightforward claims that "the United States is not possible in 2016 before recognition of China's market economy status. "The so-called 2016 is required by the WTO, China will automatically get all other members on their full market economy status officially recognized by the 15-year period by the deadline.

For market economy status, Chen Deming said both sides will be held this year in the United States, another important meeting to continue the discussion. He may be the 21st in the Joint Commission on Commerce and trade. However, such recognition cannot really legally ensure China's market economy status, a scholar pointed out that the "Sino-US Joint Commission on Commerce and trade is only a consultative platforms, both sides can reach agreement through this platform, which is in the market level, does not have the force of law. ”

The consensus in the "cooperation", also be understood as the United States will make further demands. Consensus in the United States requires that the Chinese law operating in China, including United States enterprises, foreign-funded enterprises to provide national treatment. In addition, the United States recognizes Chinese market economy status and has not caused States to recognize the "butterfly effect". April 29, Chinese Premier Wen Jiabao and European Commission President Barroso talks in Beijing Great Hall of the people, and European dozens of heavyweight officials, again calls for the recognition of China's market economy status ", 27 May Barroso accepted media interview made it clear that as China's largest trading partner of the EU has yet to consider recognition of China's market economy status.

On the other hand, we should see that the export controls, this also failed to secure a big breakthrough. United States in high-technology exports of conservative, has always been our bilateral trade is a major obstacle. United States Department of Commerce control list is provided with 20 large class of high-tech products not on Chinese exports. Although the United States Commerce Secretary Locke said after the termination of the session of the "United States is seeking to relax on China's output of dual-use high-end technology restrictions, the relaxation of the measures is expected to be launched this summer. "But the outcome of this dialogue, the United States does not give the possibility to relax the export controls to China for specific projects, nor publish relax export control-specific road map and timetable.

Although in this dialogue, the US representative repeatedly flirting, Hillary's "Rome" and Geithner Rakhim "grow together" are reflected in the us on us-China relations. But we cannot ignore the United States against China's ongoing trade relief measures.

Opening of the second day, 25 may, the United States Department of Commerce issued a public notice, originating in China, potassium phosphate to countervailing zhongcai; May 26, the United States International Trade Commission issued a public notice, originating in China of an anti-dumping barium chloride sunset review zhongcai industrial damage, United States Department of Commerce ruling on the case of products existing anti-dumping measures will continue to be valid; may 20, United States Department of Commerce issued a public notice, originating in China of MgO-c bricks made preliminary anti-dumping emergencies; to date, China has 15 years of anti-dumping investigation countries ranked first in the State of the accused to the United States the most attention. Sin is 2009, United States anti-dumping cases is $ 12.

Nevertheless, we should also be aware that in the interests of all countries, trade friction is itself an integral part of international trade, even the EU, Japan and United States other important trading partners, the United States also often occurs with trade disputes. United States Commerce Secretary Locke also pointed out that the u.s.-China trade friction is much wider. Therefore, China to a calm, but also to

Proactive and pragmatic approach to treat the Sino-US trade friction.

One is the world's largest developing countries, one is the world's largest developed, Sino-American relations is the world's most complex relations between countries. We cannot expect us in round of the dialogue in each issue, but the dialogue can deepen mutual understanding between China and the United States. Through strategic and economic dialogue to establish a long-term mechanism, Sino-US relations will develop a comprehensive active cooperation partnerships, Sino-US trade relations will continue to implement the two sides of game interests "win-win".

(Author: Xi'an Jiaotong University School of law)