Context: Chinese membership of the World Trade Organisation (WTO) should not deter India from taking trade action directed towards China.
Possible areas of trade actions against China:
Anti-Dumping and Anti Subsidy Investigations:
Under the WTO, dumping has a specific definition and is determined by:
The domestic cost of production in China plus a markup.
The product’s price in China’s domestic market.
Export price in a third country.
China’s is on the backfoot: as it recently withdrew complain challenging the European Union’s allegation of anti-dumping on the basis of export price in the third country.
This has destroyed the hopes of China in getting “market economy” status as this was contingent upon China’s compliance with the disciplines of the WTO.
Safeguards Agreements:
Safeguard measures are quantitative restrictions or tariff-rate quotas, not hikes in basic customs duties, which China has been imposing.
Safeguard measures must be applied on a Most Favoured Nation (MFN) basis, that is, “irrespective of the source”.
Rules of Origin: China uses Regional Trade Agreements to bypass rules of origin, even routing its exports through agreements of which it is not apart.
India can walk out of the Asia Pacific Trade Agreement (APTA): as China gains more in comparison to India by being a part of it.
Any market access India obtains, or concessions it grants, can be pushed through the South Asian Free Trade Area and agreements with the Association of Southeast Asian Nations
Way Forward:
Renegotiate rules of origin: Since under WTO, not much has been done on harmonis=zing the rules of origin.
Trade action can be directed against China: without mentioning standardsdespite it being WTO member.