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China as Most Favored Nation
What is the debate on weather or not China should retain favored-nation
trading status all about? Is it really a decision on what is best
economically for the United States, and China.
Or is it: the issue of Chinese human rights violations and the fact that
if the United States where to revoke the favored nation status of China
it would have a profound negative impact on the U.S. economy alone.
(+)Most-favored-nation trade status started in the United States as a
version of the European preferential trade system. The Carter
Administration first granted most-favored-nation trading status to China
in 1980, following the historic efforts of President Nixon during the
1970’s to restore diplomatic ties. Historically, a significant
difference existed between the unconditional most-favored-nation clause
in European trade law and the American version of conditional
most-favored-nation. Under unconditional most-favored-nation status, one
country s extension of tariff concessions guarantees the same
concessions to all nations associated with it through commercial
treaties. American conditional most-favored-nation status provided
treaty signatories only the opportunity to negotiate most-favored-nation
status when most-favored-nation status was extended to another trading
partner. Thus meaning that the United States gives significant economic
advantages to one nation in the form of most-favored-nation trading
status.
Under the Trade Act of 1974, most-favored-nation status could only be
granted to China through a Sino-American bilateral commercial agreement
and satisfaction of the Jackson-Vanik Amendment requirements. The
Jackson-Vanik amendment states that the President of the United States
may grant a communist country such as China most-favored-nation trade
status if it was in conjunction with a trade agreement and upon proper
improvement that China would permit emigration. Also China would have to
satisfy that they are moving toward improving current policies. The
conclusion of the US-PRC commercial accord in July 1979, and the initial
waiving of the Jackson-Vanik requirements, and with Congressional
approval, most-favored-nation status was granted to China. This action
sealed the successful efforts of the Carter Administration to create
social and economic ties through Sino-American relations.
The renewal of China’s most-favored-nation trade status has been
supported by Chinese liberalization of its own emigration policies. Six
hundred and twenty-five thousand Chinese citizens traveled abroad in
1990. The Chinese government in 1990 issued 280,000 new passports.
During the same year, the United States issued seventeen thousand
immigrant visas through consular offices in China, the full number
allowed by American immigration law. The principal restraint to Chinese
emigration has arisen not from Chinese emigration policies but from the
unwillingness of other countries to accept immigrants.
Most-favored-nation status for China continues to provide an incentive
for further advancement in this area as well as facilitating the
contacts that the Carter administration established well over a decade
ago.
By granting China most-favored-nation trade status the United States has
started that long and difficult process of bringing China out of its
international dark ages. In order to live up to the terms of
most-favored-nation trade status China has had to become more open to
social and economic changes. These reforms included more economic
freedom, easier access for foreign direct investments. The economic
developments these reforms have been to a main cause for China’s newly
increased gross nation product. Over a ten-year period from 1978 to 1988
most-favored-nation trade status was directly responsible for an annual
ten percent growth in China’s gross national product.
China will likely prove to be a significant market for the U.S. in the
future. China is one of the world s fastest growing economies, and with
its efforts to reform, improve, and modernize its economy could come a
significant increase in demand for imports. Infrastructure development,
in particular, has been made a major priority, and the Chinese
government has also announced that foreign firms will be allowed to
participate in a wide variety of projects. This is very important to the
United States because it mean that there is for the foreseeable future a
market for their goods and services in China. Also as a result of the
most-favored-nation trade status that China currently holds it makes the
opportunity for international business ventures there even that much
interesting because of the possibility of high profits.
Another advantage for the United States is in the area of imports from
China. The surge in United States imports of Chinese products over the
past few years can be largely explained by two factors. First, China s
production of low-cost, highly labor-intensive products has grown
greatly in recent years. A main reason for this is that the price that
which the Chinese are able to produce goods is at a lower level than
almost any other producer. In addition the United States demand for
product of this type has and mostly likely will continue to rise in the
future. In response Taiwan and Hong Kong have moved many of their
production firms into China to take advantage of lower labor costs. This
is good for the economy of China and it also helps to supply the United
States with low cost goods.
(=)The growing U.S. trade imbalance with China, and the exclusive market
segments of China s trade regime have become of major concern to many
U.S. policymakers. Over the past few years, the U.S. trade deficit with
China has surged. It rose to nearly 50 billion in 1997 and could top or
exceed 60 billion in 1998.
China s trade policies have become a focal point in the annual
congressional debate over renewing China s most-favored-nation trade
status. Along with other non-trade issues, including but not limited to
human rights violations, weapons sales, and foreign policy issues. Over
the past several years, efforts have been made in Congress to terminate,
or attach additional conditions to, China s most-favored-nation trade
status, although none have as of yet succeeded. This policy was opposed
by the Bush Administration, which sought to deal with these issues
outside the most-favored-nation trade status process. As a result,
President Bush vetoed congressional attempts to revoke or condition
China s most-favored-nation trade status, and such vetoes were
consistently sustained in the Senate. As a presidential candidate, Bill
Clinton criticized the Bush Administration s China policy and pledged to
take a tougher approach to United States-Chinese trade relations,
including conditioning China s most-favored-nation trade status renewal.
To date many of the very same issues that the United State objected to
in the past are still going on every day in China.
From the American political viewpoint it would seem only right to
continue to renew China’s most-favored-nation trade status.
Politicians are concerned about is whether or not the United States
economy is strong and if it is not, then finding something that they can
do to make it that the economy is getting better. So most of the world
turns a blind eye to many of the issues that China is currently having
and just disregards them. This meaning that if there were any human
rights violations or other types of acts that violated the pact that
China signed to earn most-favored-nation trade status, then the United
States have a responsibility. A responsibility to do whatever it can as
the United States to ease and or end any of the suffering or unfair
hardship that the people of China are currently experiencing. It is our
duty as human beings to ensure that a high global standard of living.
This should be the bottom line. Because the way that it seems now, the
United States is much more concerned about getting inexpensive goods
from China and being able to help China update its infrastructure. The
question that has to be asked annually when a vote about China’s
most-favored-nation trade status comes up is that if it is all right for
China to do the things that they do. If we decide that China’s
violations of their most-favored-nation trade status are not forgivable
then the United States need to cut its economic ties with China.
Decisions like these would be very difficult for the economies of both
nations, but it comes down to the fact that money is not the most import
thing. Other values have to be placed before the interest of making as
much money as possible.
(-) Other concerns about future dealings with China have also arisen.
The United States has voiced its concerns in recent about China s
missile and nuclear proliferation activities. These concerns led the
United States to limit United States exports to China of supercomputers,
satellites and parts, and missile technology. Why is our most favored
trading partner-stockpiling weapons? For what reason is China moving
nuclear related materials and technology to Pakistan? Needless to say
these were some very unsettling events that took place in the early
months of 1996. Actions likes these could very well be reason alone for
China to lose its most-favored-nation trade status. But yet they were
allowed to keep it.
The United States Customs Service has found evidence on multiple
occasions that China has attempted to circumvent or otherwise break
United States textile quotas laws. This was done by transshipping
Chinese products through other countries to the United States by the use
of false country of origin labels. Another method was the
misclassification of textile and apparel products. The United States
Customs Service estimates that such transshipments and other
circumvention methods may total up to two billion dollars each year. In
addition, the United States has charged that certain Chinese entities
have sought to avoid United States tariffs by undervaluing textile and
apparel shipments
On January 6,1994, the United States announced that a large reduction of
25-35% below the 1993 level of China s textile and apparel quota would
result due to China s refusal to accept anti-circumvention provisions in
a new textile agreement. The new quota levels were set to take effect on
January 17, 1994. However, on that date, the United States and China
came up with a new textile agreement that would effectively reduce the
growth rate of China s textile exports to the United States by allowing
United States to significantly reduce China s quotas if China violates
the agreement through transshipments. Charges by the United States
Customs Service of illegal transshipments by China have led the United
States on separate occasions since the signing of the agreement to
reduce China s textile and apparel quotas on specific products. The most
recent incident occurred on September 6, 1996, when the U.S.T.R.
announced that the United States would impose a $19 million dollar
punitive charge against China s 1996 textile quota allowance due to
China s repeated violations of the United States-China textile agreement
dealing with illegal transshipments. China in turn has threatened to
fight back by imposing restrictions on the importation of certain United
States products.
I can only begin to imagine the great cost that it takes on a yearly
basis to keep a watchful eye on the export practices of the Chinese
textile and apparel industries.
As if the problem of Chinese textile and apparel exports were not bad
enough already there is information that would led to cast an even
darker shadow on this portion of the Chinese economy. It is believed the
use of forced labor is widespread and a long-standing and accepted
practice in many parts of China. Evidence leads us to believe that China
might be using forced labor on a large scale in hopes to increase its
exports, and a significant number of these products may be for the
United States. I have a problem with making people work against their
will. I just think that it is just another form of slavery, and at all
cost the United States should try to limit its dealing with nation who
use economic practices that involve forced labor of any kind.
Another problem with the Chinese exporting goods that may be produced in
a forced labor environment is that it not legal. United States law
prohibits importing goods or other commodities from any country produced
through the use of forced labor, although getting actual proof of
violations for certain imported goods is and will remain to be a very
large challenge.
In 1994 despite supposed violation, China’s most-favored-nation trade
status was renewed. The renewal of China’s most-favored-nation trade
status came with the ideal in mind that China would follow the
guidelines on the use of prison labor that it had agreed to two years
before. In 1996 it was said that the progress that China had made in
reducing the exports produced by prison labor export was good enough to
warrant the renewal of most-favored-nation trade status. Only two years
later the United States Customs Service confirmed that an iron firm in
China had been using prison labor and then illegally exporting their
product to the United States. As a result the United States Customs
Service placed a important restriction on all product from that iron.
So what does this mean? As I have shown cases where China does not
follow rules that are to govern its most-favored-nation trade status,
nothing more than a fine or non-acceptance of their product ever
happens. I cannot say that I really see the point of the United States
having some of the laws that it does. Laws are written and then when
they are broken they are not enforced to the severity to which they were
broken. China is being treated like it has unconditional trade status.
As of the last time I checked China has most-favored-nation trade status
that is still very much conditional on many things. And it would appear
that on more than one occasion the United States has caught China
breaking laws, rules, or other governing factors that should at least
result in some type of economic sanctions. But what happens is that
every time that China’s most-favored-nation trade status comes up for
vote they campaign really hard to convince us that they are really work
to try to improve the condition of their nation. So what ends up taking
place is that when the United States tries to follow through with
China’s punishment for doing something wrong they then make threats to
turn it all around and counter attack us. We try to enforce agreement
that they have signed and we end up in an economic power play. To solve
this one of several things needs to happen. First, just accept the fact
they were caught trying to sneak around United States Customs laws and
take the according penalty. Second, the United States must sticks to the
agreement and pacts that it has made with China. When a violation is
committed the United States just does what it should do by fining or
posing other such penalties for that said action, and it does not worry
about the possibility of counter threat from China. Third, would be to
just step back from a crack down of Chinese infractions and rework our
foreign trade status policies. In particular, Congress would have to
reword or void Title IV of the Trade Act of 1974, commonly known as the
Jackson-Vanik Amendment. Which prohibits the President of the United
States from granting most-favored-nation trade status to China on a
permanent, unconditional basis. Heck, since the United States has not
cared enough to pull most-favored-nation trade status from China why not
grant unconditional trade status to the People Republic.
I do not know which of the three above ideas is the best, but I do have
a very interesting thought about the first one. If the United States is
going to stand by and let China break the agreement that we have set
then what is the point of having these rules or laws in the first place?
If we can accept the fact that China is breaking our laws then we can
also understand that this behavior can very well lead to a state of
anarchy and lawlessness. These are all things that are breed by a lack
of law, and also facilitated by a lack of proper enforcement of our
current laws. This is a warning also for the future as we show China
that the United States will not stand for the flagrant breaking of its
laws.
United States policymakers employ economic sanctions not only to
equalize trade and investment disputes, but also to reach non-economic
policy objectives. This has been especially true with respect to China.
Currently, the United States imposes the following economic sanctions on
China. Restrictions on export licenses are things that the United States
may deny if it was determined that the product could make a direct and
significant contribution to the development of nuclear weapons and their
delivery systems, electronic and submarine warfare, intelligence
gathering, nuclear power projection, and air superiority. This
restriction was placed on China on November 23, 1984. Another
restriction placed on China dealt with the withholding of generalized
system of preferences status. Section 502(b)(1) of the Trade Act of 1974
prevents the President of the United States from designating any
developing country as “dominated or controlled by international
communism†as a beneficiary of tariff reductions under this program.
This restriction took place on January 1, 1976. Section 902 of the
Foreign Relations Authorization Act for Fiscal Years 1990 and 1991 deals
with the suspension of nuclear trade and cooperation with China. This
sanction was set on February 16, 1990 and may be lifted if the President
determines that China is making political reforms that reduce oppression
of the people of Tibet. On June 5, 1989 President Bush suspended
government-to-government and commercial arms sales to China. Also in
June of nineteen eighty-nine President Bush directed the United States
directors at the World Bank and the Asian Development Bank to seek
postponement of new multilateral development bank loans to China. The
Suspension of Overseas Private Investment Corporation (OPIC) and Trade
and Development Agency (TDA) activities took place on February sixteenth
nineteen-ninety. Section 902 of the Foreign Relations Authorization Act
for fiscal year 1990 and 1991 expressed suspension of first the granting
of O.P.I.C. insurance, reinsurance, financing, or guarantees to China
and second the obligating of T.D.A. funds for new projects in China.
This sanction is not unlike many others placed against China, in that it
may be lifted if the President of the United States determines that
China is making political reforms in Tibet. In addition Section 902 of
the Foreign Relations Authorization Act for Fiscal Years 1990 and 1991
talks about the prohibition of the export of items on the Munitions
Control List, and of United States satellites. This sanction placed in
February of 1990 can be lifted if political conditions improve between
China and Tibet. Another restriction placed on China by the United
States on February 16, 1990 dealt with the prohibition of export
licenses for crime control and detection equipment. This is among the
long list of restriction placed against China in the fiscal year of 1990
in hopes to get China to change it political attitude towards Tibet.
Again there is more mention of restriction against certain imports
produced by prison labor. The Customs Bureau has enforced Section 307 of
the Tariff Act of 1930, which forbids imports made by forced of prison
labor goods. Examples pf such forced labor are diesel engines
manufactured by the Golden Horse Diesel Engine Factory, March
twenty-third nineteen ninety-two; tea grown by the Red Star Tea Farm,
July thirteenth nineteen ninety-two; sheepskin and leather processed by
the Qinghai Hide and Garment Factory, July thirteenth nineteen
ninety-two; and again iron pipe fittings manufactured by the Tianjin
Malleable Iron Factory, April 29, 1996. On May 28, 1984, restrictions on
the importation of Chinese munitions and ammunition.
In conjunction with the 1994 annual renewal of China s
most-favored-nation trade status, United States President Clinton
prohibited the importing of arms and ammunition from the Peoples
Republic of China. These are only some of the many economic restriction
that have been placed against the People’s Republic of China. Talk
about a very complex system of checks and balances, used to keep the
economic practices of China under control.
In Conclusion, it should now be obvious that the issues around China’s
most-favored-nation trade status are both very complex and
multi-dimensional. I have mearly tried to provide the issues on both
sides of the debate that surrounds the China’s most-favored-nation
status. By giving stats and other figures that show just how this issue
has the ability to effect the economies of both the United States and
China.
Works Cited:
 (-)Morrison, Wayne M. “91121: China-U.S. Trade Issues†Updated
November 27, 1996 HYPERLINK
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 (+)Robertson III , Grayson R “The China-MFN Controversy: The Case
For Maintaining China s MFN Status Part 1†HYPERLINK
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