US Trade Law
Article III: National Treatment on Internal Taxation and Regulation
Taxes cannot be imposed on imported goods strictly to protect domestic production
Article V: Traffic in Transit
Cannot hinder traffic by imposing extreme charges
Article VI: Anti-Dumping and Countervailing Duties
Products introduced in another country at lower than normal value
Article XI: General Elimination of Quantitative Restrictions
*Countervailing Measures - what a country is able to do when affected by protectionist policies.
China produces > 90% of the world's supply of rare earth elements and other minerals
US produces none
China has admitted that they need to clean up the industry, because of incidents of cancer causing elements getting out of control.
United Steel Workers v. China
- China has violated GATT in applying 5 prohibited subsidies:
- "Ride the Wind" Special Fund for Wind Power
- Manufacturing Export Product
- Research and Development Fund
- Export Credits from China's Export-Import Bank
- Export Credit Guarantees from Sinosure
Local content requirements for wind and solar power plants
Bidding preferences fo domestic wind companies
Exclusion of foreign firms from access to carbon credits
requirements in agreements with state-owned enterprises
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