WTO概论复习资料Word版

Let’s Talk about Trade Policy and Trade Issues

MD, who else?

I Preliminary Knowledge

1 Tariff

(1)Specific Tariff（从量关税）

Weight, quantity, volume

(2)Ad Valorem Tariff（从价关税）

A percentage of the price

(3)Compound Tariff（复合关税）

A mixture of specific tariff and ad valorem tariff

2 Non-tariff

(1)Quota

(2)License（进口许可证）

General license and specific license; usually combined with

quota, bidding

(3)Custom Valuation

(4)Technical Barriers

(5)Environment issues

(6)GMO（Genetically Modified Organism，转基因生物）

3 VER & VIE

(1)VER(Voluntary Export Restriction)

(2)VIE(Voluntary Import Expansion)

Aiming at trade balance, either domestic or foreign.

II GATT & Agreements

1 Historical Perspective of WTO

(1)Havana Charter (→GATT 1947)

a)Background: protectionism after WW II, Great Depression,

need to establish ITO (International Trade Organization);

b)The charter is mainly about trade and commercial policies,

employment, economic activities, economic reconstruction,

investment, restrictive business practice;

c)Failed to meet some countries’ interest, but much content

of Commercial policy survived in GATT 1947, provisional

rather than legal;

(2)Marrakesh Agreements (establishing WTO)

a)The importance of Uruguay Round on Marrakesh Agreements

and the establishment of WTO;

b)Including Agreements about [trade in commodity, GATS,

TRIPs], DSU(Understanding on Rules and Procedures Governing the Settlement of Disputes), TPRM, PTA(

Plurilateral Trade Agreements);

c)Entered into force on 1 Jan. 1995, 128 GATT signatories;

d)160 members since 26 Jun. 2014

2 GATT 1947

(1)Basic Principles of WTO

a)Nondiscrimination(MFN, NT), Graduation Clause

b)Trade Liberalization(tariff, non-tariff, market access)

c)Transparence

d)Fair Competition

(2)MFN clause---Article I

a)Most-Favored-Nation Treatment(MFN): any advantage, favor,

privilege or immunity granted by any contracting party to

any product shall be accorded immediately and

unconditionally to the like product of all other

contracting parties;

b)Accord the basic principles, nondiscrimination, promote

trade liberalization as it’s Multilateral;

c)Exceptions: GSP, FTA, Anti-dumping. safety issues, etc.

d)China’s benefits: double-edged sword;

(3)National Treatment---Article III

a)National Treatment on Internal Taxation and Regulation:

the contracting parties should treat imported products and

domestic products equally in terms of internal taxes

and/or other internal charges, laws, regulations, and

requirements;

b)Exceptions: government procurement, domestic subsidies,

etc.

c)Preference Policy and NT: depending on different

industries;

(4)Anti-dumping---Article VI

a)Dumping: products of one country are exported to another

country at a price less than the normal value, and is

causes or threatens material injury to the importer’s

industry;

b)“normal value” is defined by the comparable price, in

the ordinary course of trade, for the like product for

consumption in the exporting country; or if domestic price

not available: the highest comparable price for the like

product exported to a third country, or the cost of the

product plus a reasonable additional for selling and

profit;