China and the United
States are engaged in a trade war as each country continues to dispute tariffs
placed on goods traded between them. The economic disputes occurred before
China's entry to the World Trade Organization. In April 2018, the United States
filed a request for consultation to the World Trade Organization in regard to
concerns that China was violating intellectual property rights. In adding
various tariffs, the US administration is relying partly on Section 301 of the
Trade Act of 1974 to prevent what it calls unfair trade practices and theft of
intellectual property. This gives the president the authority to unilaterally
impose fines or other penalties on a trading partner if it is deemed to be
unfairly harming the US business interests, especially if it violated
international trade agreements. In August 2017, the US opened a formal
investigation into attacks on the intellectual property of the US and its
allies. The result is that the US believes Chinese laws undermine intellectual
property rights by forcing foreign companies to engage in joint ventures with
Chinese companies, which then gives the Chinese companies access and permission
to use, improve, copy or steal foreign technologies. The US also raises
concerns that China fails to recognize legitimate patents and copyrights, and
discriminates against foreign imported technology, and that China has instituted
numerous non- tariff barriers which have insulated sectors of the Chinese
economy from international competition. Thus,
the trade war is seen as
largely focused on intellectual property in China, especially regarding
technology. China’s technological progress is coming from terrific
entrepreneurs who are getting the benefit of huge government investment in
basic science. It’s coming from an educational system that’s privileging
excellence, concentrating on science and technology. That’s where their
leadership in some technologies is coming from, not from taking a stake in some
US company. China declared that its attitude toward the protection of
intellectual property rights is clear and firm, and it has continuously
strengthened protection at the legislative, law enforcement and judicial
levels, and achieved remarkable results. The US claims that China requires
technology transfer through foreign direct investment (FDI) regime and required
joint ventures: in many cases, technology transfers are effectively required by
China's Foreign Direct Investment (FDI) regime, which closes off important
sectors of the economy to foreign firms. In order to gain access to these
sectors, China forces foreign companies to enter into joint ventures with
Chinese entities they do not have any connection. A number of experts have
focused on what they claim is China's “theft” of intellectual property, and
that it forces the US companies that want to do business there into
transferring its confidential technology and trade secrets before having access
to their market. Although that kind of transfer is disallowed by the WTO, the
negotiations are usually conducted in secret to avoid penalties. The Commission
on the Theft of American Intellectual Property states just agreeing to
manufacture in China opens yourself to theft or forced technology transfer. It
requires the US response based on “strength and leverage”. In 2018 the American
Chamber of Commerce in China learned that over half its members thought that
“leakage of intellectual property” was an important concern when doing business
there. Similarly, the EU Chamber of Commerce has also complained that European
companies wanting access to the Chinese market often had to agree to transfer
vital technology. China claims that the technical cooperation and other
economic and trade cooperation between Chinese and foreign enterprises are
completely based on the voluntary principle of contractual behaviour, and both
companies have obtained practical benefits, and over the years, American
companies in China have received huge returns through technology transfer and
licensing, and are the biggest beneficiaries of technical cooperation. In June
2016, as presidential candidate, Donald Trump vowed to cancel international
trade deals and go on an offensive against Chinese economic practices,
describing his promise as a reaction against "a leadership class that
worships globalism". Less than a year after he took office, the United
States, European Union and Japan, agreed to work within the World Trade
Organization (WTO) and other multilateral groups to eliminate unfair subsidies
by countries, which create non-competitive conditions through state-owned
enterprises, “forced” technology transfers and local content requirements. In
April 2018, President Donald Trump denied that the dispute was actually a trade
war, saying that war was lost many years ago by the foolish, or incompetent,
people who represented the US. He added also that in the 2018 year USA have a
trade deficit of $500 billion a year, with intellectual property (IP) theft of
another $300 billion. And that US cannot let this continue (Figure 2).

Figure 2: US Trade Representative.
The US trade deficit (in
billions, goods and services) by country in 2017 In January 2018, President
Donald Trump underlined he wanted the United States to have a good relationship
with China, but insisted that it treat the United States fairly. In his State
of the Union Address a few weeks later, mentioned that America has also finally
turned the page on decades of unfair trade deals that sacrificed prosperity and
shipped away companies, jobs, and Nation’s wealth. The era of economic
surrender is over. From this time America expect trading relationships to be
fair and to be reciprocal. United States will work to fix bad trade deals and
negotiate new ones and US government will protect American workers and American
intellectual property, through strong enforcement of US trade rules. A number
of government and industry experts have offered their own rationales about why
the tariffs are, or are not, appropriate: John Ferriola, the CEO and President
of Nucor, America's largest steel producer and its largest metal recycler,
claimed that tariffs were not unfair, but were “simply levelling the playing
field”. He explained, that not only the European Union, but most countries in
the world, have a 25 percent or greater VAT, on products going into their
countries from the United States. So if the US impose a 25% tariff, all doing
is treating them exactly as they treat the US. Analyst Zachary Karabell claimed
that the administration's desire to reject long-standing trade consensus in
favour of a more nationalist approach will not succeed. A set of very public
and punitive tariffs will not reverse what has already been transferred and
will not do much to address the challenge of China today, which is no longer a
manufacturing neophyte. Peter Navarro, White House Office of Trade and
Manufacturing Policy Director, gave a number of the administration’s
explanations for the tariffs, among them are that they are “purely defensive
measures”. He claims that the cumulative trillions of dollars Americans
transfer overseas as a result of yearly deficits, are then used by those
countries to buy America’s assets, as opposed to investing that money in the
US. The US Trade Representative Robert Lighthizer, after a seven-month
investigation into China and intellectual property, explained that the value of
the tariffs imposed was based on the US estimates of the actual economic damage
caused by China's alleged IP theft and the forced transfer of technology to
Chinese companies. In response, Chinese Premier Li Keqiang promised in March
2018 to henceforth protect the rights of foreigners investing in its economy,
followed in April by an announcement by China that it would eliminate laws that
required global automakers and shipbuilders to work through state-owned
partners. President of China Xi Jinping reiterated those pledges, affirming a
desire to increase imports, lower foreign-ownership limits on manufacturing and
expand protection to intellectual property, all central issues in Trump's
complaints about their trade imbalance. Trump thanked Xi for his “kind words on
tariffs and automobile barriers” and “his enlightenment” on intellectual
property and technology transfers. It is claimed that China has instituted an
array of non-tariff barriers meant that some critical sectors of the Chinese economy
remained relatively insulated from international competition. China has
controlled imports by having different standards for private, foreign companies
than for Chinese State Owned companies: Lee G. Branstetter, a professor of
economics and public policy at Carnegie Mellon University, listed some of the
ways that China has misappropriated foreign technology. In a report issued
March 22, 2018, the US cited numerous instances of forced technology transfer
and the failure of companies and the government to protect the US intellectual
property from infringement or theft. Soon after the report came out, the US
announced plans to impose tariffs on up to $60 billion worth of Chinese exports
to the United States and tighten the rules governing Chinese investment in the
United States. Amid doubts over the costs of the US comprehensive strength and
leverage, alleged security implications, China's allegedly terrible human
rights records, the Clinton administration in 2000 approved China's entry to
the World Trade Organization. However, the US claims that China has failed to
fulfil its promise for reforms and requirements to be a WTO member, further
claiming that flaws in the rules of the current trading system lets China limit
imports with high tariffs and discriminatory regulations, subsidize exports
with an inexpensive currency and generous credit through state controlled
banks, bully foreign investors, pirate western intellectual property, which
allegedly gives it trade advantages. The US claims that the WTO for a long time
didn't punish China’s “cheating”. The threatened tariff increase on the
additional $200 billion in Chinese goods by the US, and the retaliatory
increase in tariffs on American goods, was postponed in early December 2018.
During the 2018 G20 Buenos Aires summit, Donald Trump and Xi Jinping agreed to
delay their planned increases in tariffs for 90 days, starting on December 1,
to allow time for the two countries to negotiate their trade disputes.
According to the Trump’s administration, if at the end of [90 days], the
parties are unable to reach an agreement, the 10 percent tariffs will be raised
to 25 percent. The US Trade Representative's office confirms the hard deadline
for China's structural changes is March 1, 2019. If China fails to do reform which
supposed done years ago, the 25% tariffs on $200 billion of Chinese goods will
be imposed since 12:01 a.m. Eastern Time Zone on March 2, 2019 scheduled date
of a tariff rate increase on $200 billion worth of Chinese goods to 12:01 a.m.
EST (0501 GMT) on March 2, 2019. China had agreed to purchase “a very
substantial” amount of soy beans and other agricultural, energy, industrial,
and other products from the US. China had agreed to reduce the 40% tariff on
cars coming into China from the US, although Beijing had not confirmed that by
December 4, 2018. Chinese government was considering a reduction in the auto
tariff but provided no specifics. Two leaders had agreed to immediately begin
negotiations on structural changes with respect to forced technology transfer,
intellectual property protection, non-tariff barriers, cyber intrusions and
cyber theft, services and agriculture. Two heads of state reached consensus to
halt the mutual increase of new tariffs” and the country would increase its
purchases from the US to “gradually ease the imbalance in two-way trade”. The
official announcement from Beijing did not confirm the plan for such purchases,
but said that both leaders were striving for a mutually-beneficial agreement.
On October 17, 2018, the United States announced its withdrawal from the
Universal Postal Union, in order to renegotiate international shipping rates
for mail and small packages. China had been paying lower rates because it was
considered a developing nation; the United States seeks to charge the same
rates for all countries. The withdrawal can be rescinded if an agreement is
found within one year.