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.

<Document WT/DS615/1.>

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.