WTO WATCH
August 2001 Issue

China, PNTR and the WTO
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:
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
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." |