The United States or China launched a 301 investigation into the probability of semiconductors, which was a successful move. "If the United States disregards the facts and does not respect the rule that multilateral trade PHA is an internal polyester formed in microorganisms, and takes actions that damage the economic and trade relations between the two sides, China will never sit by and will take all appropriate measures to resolutely safeguard China's legitimate rights and interests." On August 15, the spokesman of the Ministry of Commerce made the above remarks on the presidential memorandum signed by the US president on August 14
according to Xinhua news agency, US President trump signed an administrative memorandum on the 14th, instructing us trade representative lait Xize to study and decide whether to launch a "301 investigation" on China's trade policies and behaviors related to intellectual property rights in accordance with the trade law of 1974. The move raised concerns that the United States would take unilateral actions to damage Sino US economic and trade relations
the daily economy notes that the legal basis of the "301 investigation" belongs to the domestic law of the United States, with a strong sense of unilateralism. After the establishment of the WTO framework system, the "301 investigation" has been basically shelved by successive U.S. governments. According to the Research Report of some securities companies, if the "301 investigation" is finally put into action, the semiconductor, medical equipment, electronic industry, electric vehicles, intelligent manufacturing and communication tools will probably be recruited
"article 301" focuses on intellectual property rights
on the afternoon of August 14, US President trump signed an administrative memorandum instructing us trade representative David letterheather to launch an investigation into the so-called "unfair trade practices in China" to ensure the protection of US intellectual property rights and technologies. Foreign media reported that this may mean that lethize will invoke article 301 of the law to launch a "301 investigation" against China. This clause authorizes the U.S. trade representative to initiate an investigation into "unreasonable or unfair trade practices" of other countries, and may recommend the U.S. president to impose unilateral sanctions after the investigation
in an interview with the daily economy, heweiwen, former economic and Commercial Counselor of the Chinese Consulate General in San Francisco and New York, said that since trump took office, he has repeatedly stressed the trade deficit between China and the United States. At present, the US government has not found a suitable way to alleviate the situation. "The 301 investigation launched by the United States against China is based on its domestic law and does not comply with the relevant laws and regulations of the WTO. It is fundamentally caused by trade protectionism."
the so-called "section 301" is the common name of Section 301 of the trade act of 1974 of the United States. A senior White House official disclosed at a briefing on the 12th that the investigation will focus on issues such as Chinese enterprises' suspected infringement of US intellectual property rights and forced us enterprises to transfer technology, especially US enterprises' forced sharing of advanced technology with Chinese partners. Once the US side decides to initiate an investigation, it will first consult with the Chinese side through computer-controlled stepper motors, and the investigation procedure may take up to one year
it is noted that since this year, local trade frictions between China and the United States have occurred from time to time. According to the customs data, from January to July 2017, the total trade volume between China and the United States was 2.18 trillion yuan, a year-on-year increase of 20.6%. China has surpassed Canada to become the largest trading partner of the United States, and the United States is now China's second largest trading partner after the European Union. On August 3, Gao Feng, a spokesman for the Ministry of Commerce, said that China US economic and trade relations are the "propeller" and "ballast stone" of China US relations. China US economic and trade relations are like you have me and I have you. Cooperation benefits both sides, and confrontation hurts both
why does the United States point its spearhead at the field of intellectual property protection this time
Baiming, deputy director of the International Market Research Institute of the Research Institute of the Ministry of Commerce, said in an interview with the daily economy that in terms of intellectual property protection, China started late, but developed very fast. From the measures of made in China 2025, vigorously developing emerging industries, and transforming from factor driven to innovation driven, we can see that China has also begun to set foot in high-end fields and gradually break the monopoly of Europe and the United States
"with the continuous improvement of China's innovation ability, there are more and more overlapping industries and overlapping industries between China and the United States, and the types of export products are not limited to low-end labor-intensive products. Therefore, the United States has initiated investigations on China's intellectual property rights and implemented unilateral sanctions, which is essentially trade protectionism." Bai Ming said
semiconductor and other industries have a high probability of winning.
the "301 clause", which was born in the cold war period, was used many times in the US Japan trade disputes in the 1980s, and caused strong dissatisfaction in the international community. Because this investigation has a strong unilateralism color
Chad Bowen, a senior researcher at the Peterson Institute for International Economics in the United States, pointed out in an interview with Xinhua that in this investigation, the U.S. government is both a policeman (judging whether the foreign government is wrong), a prosecutor (filing a lawsuit), a jury (screening evidence) and a judge (deciding whether to take retaliatory measures)
which industries will be negatively affected by the "301 survey" that may be launched against China? According to the Industrial Research Report, according to the 2017 Special 301 report of the United States, China is still included in the "list of key observer countries", which is the 28th time that China has been included
the US side believes that China is promoting independent innovation through patents and policies in related fields, such as intellectual property and proprietary information disclosure, local R & D, etc. as market transfer conditions, which will further damage the US intellectual property rights holders in related industries. Specifically, the US side believes that China will affect us intellectual property rights holders in the fields of semiconductors, industrial robots, medical equipment, intelligent sensors, aerospace, aviation, communication tools, railway transportation, electric vehicles, agricultural equipment, etc
according to the statistical results of Industrial Research Report, since 2015, China's semiconductor sales have increased rapidly and exceeded the average level of the world and the Americas; China's semiconductor sales account for one third of the global sales, accounting for half of the sales in the Asia Pacific region. According to the trade protectionism of the United States, the semiconductor industry with strong competitiveness may become the key object of this "301 investigation". In addition, medical equipment, electronic industry, electric vehicles, intelligent manufacturing and communication tools will also be recruited
heweiwen told the daily economy that according to the US Department of Commerce, the US side believes that China's infringement of intellectual property rights has caused us $600billion in losses. "U.S. Commerce Secretary Ross once said in his article that he strongly opposes made in China 2025 and believes that China's forcing American companies to transfer technology for this purpose will make American companies lose their competitive advantage."
a spokesman for the Ministry of Commerce said on the 15th that China has always attached great importance to intellectual property protection, continued to improve legislation, continuously strengthened the administrative and judicial protection of intellectual property, and actively carried out international cooperation and exchanges on intellectual property. The progress and results achieved have been obvious to all, and have also been highly recognized by all parties at home and abroad
trade war has not really started yet
Bai Ming believes that trade war and trade friction are two different concepts, and comprehensive trade friction is trade war. "At present, trade frictions between China and the United States are still limited to some areas."
Societe Generale research report shows that from the content of the memorandum, trump signed the administrative memorandum this time only for "inspiration" rather than "filing a case"
according to the contents publicized in the "memorandum", the president instructed the office of the U.S. trade representative to examine whether it should launch an investigation into China's unreasonable or discriminatory policies. At the same time, it suggested that "the office of the U.S. trade representative should consult with the government and the Advisory Committee on the matters mentioned in the president's Memorandum and take action to meet the basic requirements for the temperature of the heating area to reach 18 ℃ in winter". This means that from Trump's signing of the "memorandum" to the official filing of the case for investigation in China by the US trade representative office, there is still much room for policy change
it is worth noting that in addition to the possible "301 investigation", the trump administration has also "revived" a number of dusty legal tools to deal with economic and trade issues. For example, the U.S. Department of commerce is conducting a "232 investigation" on whether imported steel and aluminum products threaten the national security of the United States, and the U.S. International Trade Commission is conducting a "201 investigation" on urgent import restrictions on photovoltaic cells and modules
liangguoyong, an economic affairs official of the United Nations Conference on Trade and development (UNCTAD), said a few days ago that the United States' attempt to impose sanctions on its trading partners on the basis of outdated domestic laws is not in line with international law, and unilateral trade measures will trigger the risk of trade war and will not benefit any party
in an exclusive interview with Xinhua news agency, liangguoyong said that the multilateral trade system with WTO as the core has provided sufficient space for the implementation of reasonable and legal trade relief measures, and has also established an effective trade dispute settlement mechanism. Putting aside multilateral trade rules, the practice of imposing sanctions on trading partners on the basis of domestic laws is unilateral and arbitrary, unfair and inconsistent with international law
former U.S. trade representative Michael froman warned that over the past few decades, successive U.S. governments have required other countries to abide by global trade rules. If the trump administration begins to bypass the WTO and take "old-fashioned" unilateral sanctions, other countries will be able to take legal retaliation against the United States, or even follow the example of the United States to take unilateral measures to disrupt the rule-based international trade order
in an exclusive interview with Xinhua news agency, Chad Bowen suggested that China and the United States could negotiate on overcapacity, investment relations, state-owned enterprises, intellectual property protection and many other issues, and strive to reach a new trade agreement, not necessarily a bilateral agreement, but also solve the core problems of the two countries through multilateral channels. He said that the more and more topics for negotiation, the easier it will be for China and the United States to compromise and reach a package agreement. He stressed that the unilateral sanctions tools could not achieve the expected goals, and the systematic trade issues would be best solved by the WTO