U.S. Files WTO Case Against China Over Semiconductor Tax
03-18-04 11:06 AM EST
Dow Jones Newswires
WASHINGTON -- The U.S. on Thursday announced it had filed its first World Trade Organization complaint against China over its tax on semiconductors.
China charges a 17% value-added tax on all semiconductor sales in its $20 billion market. But China also gives a tax rebate of all but 3% to makers who design and produce chips in China.
"The bottom line is that China is discriminating against U.S. technology products," Assistant U.S. Trade Representative Christopher Padilla told members of the Global Business Dialogue, an international business group.
The action begins a 60-day consultation period, after which the U.S. can request that a WTO panel rule on the case.
"We have been pressing these and other concerns with the Chinese," U.S. Trade Representative Robert Zoellick said in a statement. "These discussions will continue because we prefer compliance rather than litigation."
The USTR's office said U.S. semiconductor exports to China were just over $2 billion in 2003, with payments of about $344 million in value-added tax during that year.
"Although imports currently represent approximately 80% of China's market, its semiconductor industry is expanding rapidly, with substantial investment from foreign firms," the USTR said in a statement.
In Senate testimony last week, Mr. Zoellick said he was confident the U.S. could win a WTO complaint on the semiconductor tax, as it is a clear violation of WTO rules against using tax policy to favor domestic producers. He said it was a stronger case than a complaint against China's fixed-currency regime, which many U.S. manufacturers say is kept undervalued to promote exports.
China joined the WTO in late 2001. The U.S. and fellow WTO members informally agreed to give China some time to implement its trade promises before flooding the international trading system with legal complaints. However, the Bush administration is under intense pressure to toughen enforcement against China's trade practices during an election year in which unemployment is the central campaign topic.
Earlier this week, the AFL-CIO petitioned the Bush administration to impose trade sanctions on Chinese goods to offset alleged price advantages stemming from poor labor standards. The National Association of Manufacturers has said it is preparing a similar complaint against China's fixed currency system.
-By Elizabeth Price, Dow Jones Newswires; 202-862-9295;
Dow Jones Newswires
03-18-04 1106ET
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