China Initiates WTO Dispute Targeting US Semiconductor Chip
· Invokes GATT, TRIPS and GATS
Provisions to show Discriminate
· Questions 2800 Items in CCL Listed for
Export Control to China
· Charges Oct 2022 CCL List which seek
to stop even non US Origin Software and Tech Supplies
to China
· Challenge at Consultation Stage which
is likely to reach Panel Formation in two months
· War Declared in Semiconductors field
under WTO Rules
· ITA Agreement left behind in War Zone
China has requested
WTO dispute consultations with the United States, challenging US export control
and related measures with respect to certain advanced computing semiconductor
chips and manufacturing products, supercomputer items, as well as related
technologies and services, destined for or otherwise related to China. The
request was circulated to WTO members on 15 December.
China claims that
measures at issue are inconsistent with multiple provisions of the WTO's
General Agreement on Tariffs and Trade 1994, the Agreement on Trade-Related
Investment Measures, the Agreement on Trade-Related Intellectual Property
Rights, and the General Agreement on Trade in Services.
What is a request for
consultations?
The request for
consultations formally initiates a dispute in the WTO. Consultations give the
parties an opportunity to discuss the matter and to find a satisfactory
solution without proceeding further with litigation. After 60 days, if consultations
have failed to resolve the dispute, the complainant may request adjudication by
a panel.