CONTEXT

China became a member of the World Trade Organization (WTO) on December 11, 2001. Pursuant to Section 421 of the United States-China Relations Act 2000, the Office of the United States Trade Representative United (USTR) is required to submit an annual report to report to Congress on China’s compliance with the commitments it has made as part of its accession to the WTO, including multilateral commitments and any bilateral commitments made to the United States. Pursuant to Section 421, and to assist it in preparing this year’s report, the USTR’s Trade Policy Staff Committee (TPSC) is seeking public comments on China’s compliance with its obligations to the WTO.

SUBJECTS ON WHICH USTR / TPSC REQUESTS INFORMATION

Over the past year, Cozen O’Connor’s Customs, Imports and Trade Remedies group has seen a sharp increase in complaints from U.S. importers about China’s trade practices, which many consider to be contrary to China’s obligations. China to the WTO. These business practices include tampering with country-of-origin markings, the “transshipment” of Chinese-made products through duty-free or duty-free countries, tampering with product labeling, theft or misuse of goods. intellectual property and, more recently, the use of forced labor in manufacturing – particularly in the Xinjiang Uyghur Autonomous Region. All of these business practices are of immediate importance to US customs and border protection and the current administration.

The TPSC is now seeking written comments on China’s compliance with commitments made in its accession to the WTO, including, but not limited to, commitments in the following areas:

• Trading rights
• Import regulations (e.g. tariffs, tariff quotas, quotas, import licenses)
• Export regulations
• Internal policies affecting trade (for example, subsidies, technical standards and regulations, sanitary and phytosanitary measures, government procurement, trade-related investment measures, taxes and fees levied on imports and exports)
• Intellectual property rights (including the enforcement of intellectual property rights)
• Services
• Rule of law issues (e.g. transparency, judicial oversight, uniform application of laws and regulations) and status of legal reform
• Other WTO commitments

Further, given the view of the United States that China should be held accountable as a full participant and beneficiary of the international trading system, the USTR requests that commentators specifically identify unresolved compliance issues. that warrant review and assessment by the USTR China Law Enforcement Working Group. .

APPOINTMENT

Important dates for submitting written comments to USTR – TPSC are listed below:

September 15, 2021 at 11:59 p.m. EDT: Deadline for submitting written comments.

September 29, 2021 at 11:59 p.m. EDT: Deadline for TPSC to ask written questions about written comments.

October 13, 2021 at 11:59 p.m. EDT: Deadline for submitting comments from commentators to PWC’s written questions.

NEXT STEPS

Companies that may have been affected by the policies or business practices of the People’s Republic of China, or by manufacturers or distributors located in the People’s Republic of China, should consult a lawyer to participate in this comment period.