The World Trade Organization updated on July 20 a list of trade facilitation measures due to be implemented by the end of next year, released at the meeting of the Committee on Trade Facilitation. From July 1 to Dec. 31, 2021, 136 facilitation commitments have been agreed to by 36 different WTO members, which include speeding up the release of perishable goods and publishing trade procedures. Until the end of 2022, there are 389 implementation commitments for 74 members. Deadlines are based on members' own implementation schedules. The list does not include any commitments made by the U.S.
Since China failed to implement the recommendations from the World Trade Organization's Dispute Settlement Body on how to bring tariff-rate quotas on agricultural products in line with WTO commitments, the U.S. is seeking to implement countermeasures on the TRQs, the U.S. delegation to the DSB said in July 16 comments. Submitting their rationale in a one-page brief to the DSB ahead of the July 26 meeting, the U.S. delegation discussed how it is seeking the countermeasures under the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).
Changji Esquel Textile (CJE), a Hong Kong-based apparel company and part of the Esquel group of companies, filed a July 6 lawsuit in the U.S. District Court for the District of Columbia to have its placement on the Commerce Department's Entity List dropped (Changji Esquel Textile Co. Ltd. et al. v. Gina M. Raimondo et al., D.C. Cir. #21-01798). The Trump administration put CJE on the list last year for alleged practices of using forced labor from the Muslim Uyghur minority population in China's Xinjiang region.
The European Union extended its vaccine export control regime until the end of September, the European Commission announced June 30. The controls apply only to companies with which the EU has negotiated an advance purchase agreement and require these companies to notify their member state authorities of their intention to export COVID-19 vaccines. Due to the controls, the EU has gained greater transparency into the vaccine supply chains and has gleaned that it is a global leader in vaccine exports, the release said.
GOWIN Semiconductor Corporation, a Chinese technology startup, is challenging its designation as a "Communist Chinese military company" (CCMC) in the U.S. District Court for the District of Columbia, according to a May 21 complaint. In the complaint, GOWIN attempts to prove it is not operated by the Chinese military by showing that its governing board of directors is "comprised of nine private-sector executives, two of whom are U.S. citizens (the CEO and the President)." GOWIN goes on to argue that DOD's lack of notice to the tech startup of the designation and lack of evidence in coming to a conclusion on the label violates its due process rights. The firm also says it will suffer irreparable harm from the CCMC label, and in fact, already has. "By losing U.S. and global support as a result of the CCMC designation, GOWIN has lost and will continue to lose market share to similarly situated [semiconductor] companies, many of which are more mature and firmly established than GOWIN," the complaint said.
The Department of Defense has agreed to a final order dropping the designation of Chinese consumer electronics giant Xiaomi Corporation as a Communist Chinese Military Company (CCMC), according to a May 11 joint status report filed in the U.S. District Court for the District of Columbia. Xiaomi supports the order, the report said, leaving the parties to negotiate over specifics before a final proposed order is to be submitted on or before May 20.
The European Council adopted new rules modernizing the European Union's system for export controls for dual-use civil and military items, the EC said in a May 10 news release. The regulations had been in talks for years but were finally agreed to Nov. 9 (see 2011100021). The regime includes stricter controls for cyber-surveillance technology that may be used for human rights abuses, new general export licenses to authorize shipments of cryptographic items and certain “intra-group technology transfers,” and mechanisms for greater coordination between members and with trading partners.
The U.S. District Court for the District of Columbia granted a preliminary injunction for Chinese big data processing technology company Luokung Technology Corp., temporarily blocking the company's designation as a Chinese military company. Judge Rudolph Contreras issued the injunction in a May 5 ruling, finding it likely Luokung would prevail in its case against the designation. The publicly traded Chinese tech giant claims that the Communist Chinese Military Company (CCMC) designation issued by the Department of Defense was made in violation of the Administrative Procedure Act, was arbitrary and capricious, and that the evidence in hand was not substantial enough to support a finding of state control over the company.
Following the United Kingdom's departure from the European Union, the European Commission does not want to see the U.K. join the bloc's 2007 Lugano Convention -- a pact that recognizes jurisdiction and enforcement of judgment in civil and commercial matters. In a May 4 communication from the EC to the European Parliament and Council, the commission said the Lugano Convention is meant for the internal market of the EU. and because the U.K. is now a “third party without a special link to the internal market,” it does not warrant access to the convention. In its stead, the commission recommends taking the normal course of action in recognizing jurisdiction with Britain and following the framework laid out by the Hague Conventions in the field of civil judicial cooperation.
Member nations of the World Trade Organization agreed to continue consideration of the temporary waiver on certain intellectual property requirements for COVID-19 vaccine production, at an April 30 meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS), the WTO announced in a press release. The waiver proposal was submitted by South Africa and India but faces opposition from some of the globe's wealthiest countries, such as the U.S., the United Kingdom and countries in the European Union, that have blocked the plan. The chair of the council is tasked with reporting to the General Council on the group's decision regarding the IP waiver at the next meeting on May 5-6.