China demands US measures on semiconductor products at the WTO

China filed a claim on Thursday under the World Trade Organization (WTO) regarding measures imposed by the United States on certain semiconductor chips.

Therefore, China requested consultations with the United States, in a case challenging export control and related measures imposed by the United States with respect to certain microplaquetas semiconductoras for advanced computing.

That same control also includes items for the manufacture of semiconductors, and supercomputers, as well as related technologies and services, destined for or otherwise related to China.

The request was circulated to WTO Members on December 15.

China claims that the measures at issue are inconsistent with various provisions of the 1994 General Agreement on Tariffs and Trade, the Agreement on Trade-Related Investment Measures, the Agreement on Aspects of Intellectual Property Rights Related to Trade and the General Agreement on Trade in Services of the WTO.

According to the Chinese government, the United States has maintained and enforced an export control regime for certain items, including certain merchandise, software, and technologies.

The export control regime is administered by the US Department of Commerce, Bureau of Industry and Security (BIS) through the Export Administration Regulations (15 CFR Parts 730-774). , “EAR”).

Among other things, the EAR covers exports from the United States and the transfer of foreign-produced products that contain components originating in the United States or derived from technology or software originating in the United States.

The list of “items” subject to EAR control, including merchandise, software, and technologies, is published in EAR Part 774 Supplement No. 1, the Commerce Control List (“CCL”). ”).

Each controlled item is designated with an Export Control Classification Number (“ECCN”) consisting of a series of digits and a letter.

The CCL comprises approximately 2,800 controlled items, a number far higher than the international export control regime, which comprises approximately 1,800 controlled items.

That is, according to China, the United States imposes export controls on approximately 1,000 items that are not covered by the international export control regime.

In addition to items subject to control under the ECCN, the EAR also contains a “basket category”, namely EAR99, which includes any item that is subject to the EAR as defined in EAR 734.3(a) but is not listed on the CCL.

roberto.morales@eleconomista.mx