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WTO WATCH                                                            August  2001 Issue


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China, PNTR and the WTO

wto1.jpg (12348 bytes)Following are excerpts from the testimony of Robert Kapp, president of the United States-China Business Council, before the U.S. Congress House Ways & Means Committee's Trade Committee Hearing on Renewal of Normal Trade Relations with China on July 10, 2001. The testimony provides reasons, from the United States business sector's perspective, for why the renewal of NTR is essential to the United States.

"Developments last month and last week [end of June/early July 2001] give unprecedented strength to the belief that the end of the 15-year-long process of negotiating China's responsible participation as a full member of the World Trade Organisation is now close at hand.

As you know, in accordance with the historic PNTR legislation approved by the 106th Congress last year, when China enters the WTO - on terms as favourable or more favourable to U.S. interests than the terms of the historic US-China Bilateral Agreement on WTO accession concluded in November 1999 - the United States will extend to China full WTO member treatment in the form of Permanent Normal Trade Relations treatment of Chinese imports. The United States will in turn enjoy full WTO member privileges in its trade relations with China. With that, the requirement of annual renewal of standard U.S. import duties on Chinese products required under the Trade Act of 1974 will come to an end.

Each member of Congress who voted in favour of H.R. 4444 last year surely had his or her unique combination of reasons for doing so. But I believe at bottom most members chose to support PNTR in the belief that full WTO-member relations between our nation and China after WTO accession would provide two core benefits to the United States:

  1. Substantially increased opportunities for American industrial and agricultural producers, service providers and investors under the extraordinarily far-reaching accession terms our representatives had successfully negotiated with China; and

  2. Long-term assurance that a China, fully committed to conducting its international trade according to the world's 'rules of the road' under WTO and subject to multilateral disciplines under WTO dispute resolution, was a far better bet for America and the world trade system than a China excluded from full participation in the world trade community and thus unbound by global expectations and requirements.

In addition, many members from both parties - legitimately, in my view - came to understand that the changes in state behaviour that WTO's most basic principles require of China - transparency in legal and regulatory policy, for example, or non-discrimination in the treatment of foreign and domestic goods and services - bear within them the seeds of enormously positive evolutionary changes in Chinese society, along lines that nearly all Americans would welcome and support.

American companies doing business with China, many of them now in their third decade of on-the-ground engagement, have a realistic appreciation of the weight of the tasks that WTO membership will soon impose on China's government and society.

They are optimistic about the elimination of market barriers and the reduction of trade-distorting practices under WTO, and thus about their enhanced opportunities for successful business with China.

Having in large measure defined American negotiating goals throughout the prolonged WTO accession negotiations, American firms also believe strongly in the necessity of China's realisation of its WTO commitments as defined in the nearly finalised accession documents.

American companies accept fully the legitimacy of Congress's concerns over China's ability to implement fully its WTO commitments, and understand the necessity of continuing close U.S. observation of China's efforts and achievements in living up to its WTO obligations.

At the same time, however, recognising the enormity of the challenges that the WTO presents to China, we feel strongly that the U.S. government and American businesses must commit themselves to extending the hand of cooperation to China as the PRC takes the path of responsible participation in the world trading system.

Effective bilateral cooperation on key elements in WTO implementation deserve equal American emphasis.

The Chinese themselves have embarked on intensive efforts at introducing WTO concepts to legions of policy makers and bureaucrats at the central, provincial, and local levels. Many of them are hardly familiar with 'the system' that our own country has so heavily influenced and enjoyed since the end of World War II. Hundreds of national laws have been examined, as required under WTO, for compliance with WTO rules, and where necessary are being revised to ensure formal compliance with WTO requirements.

Today, American educational institutions are pitching in, providing long- and short- term training programmes for eager Chinese government and business officials, many of whom come to the United States at the Chinese government's expense for the purpose of imbibing American expertise in the operation of a WTO-compliant market-oriented economy.

During the extended debate over PNTR legislation last year, it was widely understood that many of those in the House who either opposed PNTR outright or who were uneasy about approval of H.R. 4444 were concerned that elimination of the annual NTR debate would deprive them of a legally mandated opportunity to bring to the Congress's attention those aspects of U.S.-China relations - and of China's internal affairs - that they felt needed to be aired in the interests of sound policy and faithfulness to their basic values. Thanks to the skill and creativity of key members of the House, most notably representatives Sander Levin and Doug Bereuter, whose names adorned a massive set of provisions included in the final bill, the Congress provided both for the extension of full WTO-member treatment to China upon its WTO accession and for the continuation of Congressional examination of certain questions of concern to members once the annual NTR debate drew to a close forever.

The NTR process offered an opportunity to re-emphasise essential points (or introduce them to new members) about the significance and the promise of expanded economic American opportunities accompanying China's rapid economic growth, and about the vital importance of healthy bilateral economic ties to the management of the entire, highly challenging, relationship between the United States and China.

In the absence of a forum for the discussion of our massive and far-reaching economic engagement with China, the Congress is likely to turn its attention to China increasingly over questions not normally analysed in economic and commercial terms. Ironically, we in the business community may find ourselves watching with concern if the centre of legislative interest in China shifts too rapidly and too completely away from the economic dimensions of U.S.-China engagement.

Therefore, we in the business community would say to members of this sub-committee, and of the full Ways and Means Committee: don't let the promise, the achievements, and the challenges of U.S.-China trade relations drift too far into the shadows. Help us to remind lawmakers in both parties that U.S. economic success is a core element in the definition of U.S. national interests vis a vis China. Help to sustain the understanding, so hard-won in the 106th Congress, that our economic engagement with China contributes to American economic vitality and to progressive change within China itself. Lend a hand in making sure that easy but misleading phrases like 'profits vs. principles' and 'trade vs. national security' add little to responsible policy formulation, and are best met with sober Congressional understanding of the salience of effective U.S.-China economic and commercial cooperation in advancing a broad American agenda with China, whether bilaterally, in the Asia-Pacific Region, or in global arenas."

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