China’s World Trade Organization challenge to the European Union’s non-market economy treatment of its goods in antidumping duty cases has now fallen further into inactivity. The WTO on June 15 issued a notification that it is disbanding a panel requested by China in 2017 to decide the dispute, one year after China asked the WTO to suspend the panel. Under WTO rules, a panel may only be suspended for a year before its authority lapses. A similar WTO challenge filed by China against its continued non-market economy treatment by the U.S. never made it past initial consultations (see 1612120019 and 1710300043). China had argued in both cases that a provision of its agreement to join the WTO required that all countries treat it as a market economy beginning Dec. 11, 2016.
China asked the U.S. to clarify how it defines “foreign adversaries” named in the May executive order that bans the use of some bulk power equipment and parts from foreign adversaries (see 2005040040). It suggested, during a June 10 World Trade Organization meeting, that the U.S. could be abusing the national security exception to the WTO rules. The U.S. replied that because the restriction pertains to national security, it should not be open to discussion at all, according to a Geneva trade official.
Panelists talking about the future of the World Trade Organization are picturing a world in which the U.S. and China continue to argue about the issues of industrial subsidies and state-owned enterprises while other countries ally at the WTO to work on notifications, a binding dispute settlement process and how to share a vaccine for the COVID-19 virus around the globe.
At a time that the World Trade Organization is under stress -- its appellate body disbanded, and its director general quitting before his term is up -- member countries are also resisting moving proceedings online. Nigel Cory, associate director of trade policy for the Information Technology and Innovation Foundation, said other groups have “shifted these critical high-level meetings online,” but the WTO canceled its June ministerial meeting. Cory said that the Organization for Economic Cooperation and Development is negotiating online on the matter of digital taxes, so it is showing it can be done.
Although China, the U.S. and the European Union have taken actions during the COVID-19 pandemic that are damaging to the goal of free trade, Canadian diplomats and scholars at the Peterson Institute for International Economics said that doesn't mean we're headed for a new round of sphere-of-influence-style trading chains rather than global integration.
Canada announced May 19 that a ban on non-essential travel from the U.S. would continue another month, and the U.S. also said it would continue that freeze on non-essential travel through June 20 (see 2004210046). Trading and workers commuting to jobs in essential industries can continue. Department of Homeland Security Acting Secretary Chad Wolf said it's likely the ban on personal travel between the U.S. and Mexico also will be extended.
The struggle the U.S. is having to manage the COVID-19 pandemic is a higher priority than what's happening at the World Trade Organization, said Dennis Shea, U.S. ambassador to the WTO. He noted that the U.S. has a third of the world's reported cases of the disease, and that more Americans have died from COVID-19 than citizens in any other country.
Top U.S. and United Kingdom officials will begin a second round of virtual trade negotiations June 15 as both sides continue to push for a quickly completed deal, the U.K. said May 18. The first round of talks, which ended last week, included discussions on customs procedures, rules of origin, trade remedies and small to medium-sized businesses. The U.K.’s Department for International Trade said both sides vowed to “quickly pursue” a stand-alone “Small and Medium Enterprise (SME) Chapter.” Negotiators from both sides will continue meeting virtually on a “rolling basis” until the second round begins, the U.K. added. “Both sides are hopeful that negotiations for a comprehensive trade agreement can proceed at an accelerated pace,” the DIT said. The Office of the U.S. Trade Representative did not comment.
The director general of the World Trade Organization will resign in August, citing personal reasons and adding that the organization needs a new leader for “post-COVID realities.” Roberto Azevedo made the announcement during a virtual meeting with WTO members on May 14, saying he hopes the WTO continues its reform efforts. He also urged members to “promptly move ahead” to select the next director general. “I urge you not to treat the process of selecting the next DG as business as usual. This organization must start 2021 … ensuring that the multilateral trading system responds to new economic realities, above all the post-COVID recovery,” Azevedo said. “It cannot afford to be distracted by a protracted search for a new DG.” Azevedo will officially step down Aug. 31, one year before his term was set to end.
The World Customs Organization, with help from the World Health Organization, updated its list of tariff classifications for COVID-19 medical supplies to include priority medicines, the WCO said in a news release. “The List of WHO/WCO Priority Medicines for Customs Used during COVID-19 aims at assisting Customs and economic operators in classifying these medicines,” it said. The list contains the suggested HS codes for medicines used in the general medical care administered to hospitalized patients; as part of the direct treatment of the COVID-19 disease; and for which interrupted supply could result in serious health consequences. The new list, which will now be continuously updated, is the result of an efficient collaboration between the WHO and the WCO. The medicines and active substances were compiled by the WHO taking into account various information published by National Health Authorities, scientific societies or pharmacology experts, and with suggested HS codes provided by the WCO Secretariat.”