WTO accessions

This chapter addresses a number of concerns associated with state trading. What are the applicable WTO rules in this area and have they kept up with the evolving nature of production methods and the changing landscape of state trading enterprises (STEs)? How have state trading practices been approached in WTO accession negotiations? How many WTO members acceding under the provisions of Article XII of the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) have accepted specific obligations aimed at disciplining the operations of STEs? What specific patterns have emerged across these commitments and how have they evolved over time? Have the commitments resulting from WTO accession negotiations offered a more effective and forward-looking approach to disciplining STE activities? What is the systemic relevance of STE-related accession commitments and what lessons can be drawn about possible future multilateral disciplines in this area? What has been the contribution of accession commitments relating to transparency in privatisation programmes? STE disciplines have been in the rulebook of the multilateral trading system since 1947 but have not kept track with the evolving nature of state trading operations. State trading plays a significant role in the economies of the majority of Article XII members. The applicability of existing WTO rules in this area has therefore been put to practice in their accession negotiations. The commitments resulting from accession negotiations have produced more comprehensive and forward-looking disciplines which arguably capture modern-day state trading operations more adequately. Specifically STE-related accession commitments have evolved over time to extend the scope of obligations to the purchases and sales of both goods and services contribute further definitional clarity to the term ‘state trading enterprise’ and address the transparency deficit in this area. In addition to steering the operations of acceding governments’ STEs towards conformity with WTO principles the evolution of these commitments is of systemic relevance to the multilateral trading system as it points to the possible direction of future disciplines in this area. While not pre-judging the future development of multilateral provisions on state trading it is argued that Article XII members which today account for one-fifth of the WTO membership are well placed to influence the direction of future discussions in the area of STEs.

On 23 June 2009 the United States requested consultations with China with respect to China's restraints on the export from China of various forms of raw materials. The United States cites 32 measures through which China allegedly imposes restraints on the exports in question and note that there appear to be additional unpublished restrictive measures.

On 13 March 2012 the United States requested consultations with China with respect to China’s restrictions on the export of various forms of rare earths tungsten and molybdenum. The request refers to materials falling under but not limited to 212 eight-digit Chinese Customs Commodity Codes and over 30 measures. The request also refers to a number of Chinese published as well as unpublished measures that operating separately or collectively allegedly impose and administer export restrictions. These restrictions include export duties export quotas minimum export price requirements export licensing requirements and additional requirements and procedures in connection with the administration of the quantitative restrictions.

Le 5 avril 2019 l’OMC a distribué le rapport du Groupe spécial chargé d’examiner l’affaire introduite par l’Ukraine “Russie - Mesures concernant le trafic en transit” (DS512).

On 14 September 2009 China requested consultations with the United States concerning increased tariffs on certain passenger vehicle and light truck tyres (subject tyres) from China. The decision was announced on 11 September 2009 following an investigation pursuant to section 421 of the Trade Act of 1974 (19 U.S.C. 2451 et seq.). The USITC determined that there was market disruption as a result of rapidly increasing imports of subject tyres from China that were a significant cause of material injury to the domestic industry. Following a Presidential decision additional duties were imposed on subject tyres imports for a three year period in the amount of 35 per cent ad valorem in the first year 30 per cent ad valorem in the second year and 25 per cent ad valorem in the third year (the tyres measure). This measure took effect on 26 September 2009.

Le 18 avril 2019 l’OMC a distribué le rapport du Groupe spécial dans l’affaire introduite par les Etats-Unis “Chine - Contingents tarifaires visant certains produits agricoles “ (DS517).

On 5 April 2019 the WTO circulated the panel report in the case brought by Ukraine in “Russia - Measures Concerning Traffic in Transit” (DS512).

Le 5 juillet 2011 l’OMC a publié les rapports du Groupe spécial qui avait examiné les plaintes des Etats-Unis de l’Union européenne et du Mexique concernant des mesures de la Chine relatives à l’exportation de diverses matières premières (D394 D395 et D398 respectivement).

On 18 April 2019 the WTO circulated the panel report in the case brought by the United States in “China - Tariff Rate Quotas for Certain Agricultural Products” (DS517).

El 30 de enero de 2012 el Órgano de Apelación emitió sus informes en el asunto “China — Medidas relativas a la exportación de diversas materias primas” (WT/DS394/AB/R WT/DS395/AB/R y WT/DS398/AB/R).