Part I: Problems of Trade Policies and Measures in Individual Countries and Regions
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1 TABLE OF CONTENTS Page List pf Sub-Committee on Unfair Trade Policies and Measures... iii METI Priorities Based on the 2017 Report on Compliance by Major Trading Partners with Trade Agreements (May 23, 2017)... vi List of Measures and Policies cited in Part I... xxi List of Columns... xxviii List of Acronyms... xxx Preface... xxxv Part I: Problems of Trade Policies and Measures in Individual Countries and Regions Chapter 1 China... 3 Chapter 2 The United States Chapter 3 ASEAN (1) General (2) Member Countries Thailand Indonesia Malaysia Viet Nam The Philippines Myanmar Chapter 4 European Union Chapter 5 Republic of Korea Chapter 6 Chinese Taipei Chapter 7 Australia Chapter 8 Canada Chapter 9 Russian Federation Chapter 10 India Chapter 11 Brazil Chapter 12 Miscellaneous Issues Part II: WTO Rules and Major Cases Overview of the WTO Agreements Chapter 1 Most-Favoured-Nation Treatment Principle Chapter 2 National Treatment Principle Chapter 3 Quantitative Restrictions xix xix
2 <Reference> Export Restrictions Chapter 4 Justifiable Reasons Chapter 5 Tariffs Chapter 6 Anti-Dumping Measures Chapter 7 Subsidies and Countervailing Measures Chapter 8 Safeguards Chapter 9 Trade-Related Investment Measures Chapter 10 Rules of Origin Chapter 11 Standards and Conformity Assessment Systems Chapter 12 Trade in Services Chapter 13 Intellectual Property Chapter 14 Government Procurement Chapter 15 Unilateral Measures Chapter 16 Regional Integration Chapter 17 Dispute Settlement Chapter 18 Monitoring Trade Policies/Measures Addendum-1 Trade and Environment Addendum-2 International Economic Activities and Competition Laws Addendum-3 Electronic Commerce Part III EPA/FTA and IIA Overview Establishment of Disciplines of Formation of Economic Partnerships Chapter 1 Issues on Trade in Goods Chapter 2 Services Chapter 3 Movement of Natural Persons Chapter 4 Intellectual Property Chapter 5 Investment <Reference> Recent Investment Treaty Arbitration Cases Chapter 6 Competition, Government Procurement and Trade Facilitation Chapter 7 Energy, Environment, Labor, Electronic Commerce Chapter 8 Settlement of Disputes between States and Improvement of Business Environment xx xx
3 LIST OF MEASURES AND POLICIES CITED IN PART I Chapter 1: China Transparency, Uniform Administration, and Judicial Review (1) Transparency... 5 (2) Uniform Administration... 8 (3) Judicial Review... 9 Export Restrictions Imposition of Export Tax Export Restrictions on Raw Materials Right to Trade (Approval System for Trading) Tariffs Tariff Structure Violation of Bound Tariff Rate on Photographic Roll Films, etc Anti-Dumping and Countervailing Measures (1) AD Measures on Japanese High-Performance Stainless Steel Seamless Tubes (2) Implementation of Sampling Investigations Inconsistent with the AD Agreement (AD Measures on Japanese Optical Fiber Preform and Japanese Acrylic Fiver) (3) AD Measures on Japanese-made Polyvinylidene Chloride (PVDC Polymer) Subsidies Safeguards Trade-Related Investment Measures (TRIMs) Standards and Conformity Assessment Systems (1) Administration of the CCC Mark regarding Electric Appliances (2) Security Regulation of IT Equipment by Chinese Banking Industry (3) Chinese Cybersecurity Law (4) Measures for Controlling Pollution by Electronic Information Products (5) Regulations of New Cosmetic Ingredients (6) Regulations of Cosmetic Labels (7) Regulations of Chemical Substances Trade in Services (1) Distribution Services (2) Construction, Architecture and Engineering (3) Telecommunication Services (4) Finance Protection of Intellectual Property (1) Issues Related to Counterfeit, Pirated and Other Infringing Products xxi xxi
4 (2) Issue of Bad Faith Filing (3) Licensing Regulations on Patents and Know-How Government Procurement Chapter 2: United States National Treatment (1) Harbor Maintenance Tax HMT (2) Merchant Shipping Act of 1920 (Jones Act) Quantitative Restrictions (1) Export Management System (2) Export Restrictions on Logs Tariffs (1) High Tariff Products (2) Method of Calculating Tariffs on Clocks and Wristwatches Anti-Dumping Measures (1) The Byrd Amendment (Amendment to the Tariff Act of 1930) (DS217/DS234) (2) Calculation of the Margin of Dumping via the Zeroing Procedure (DS184) (3) Anti-Dumping Measure on Certain Hot-Rolled Steel Products from Japan (DS184) (4) Unfairly Long-Term Continuation of AD Duties (Sunset Provision) (5) Model Matching (6) Anti-Dumping Investigation into Thick Plates from Japan Subsidies and Countervailing Measures The 2014 Farm Bill Rules of Origin Special Marking Requirement of Origin on Watches and Clocks Standards and Conformity Assessment (1) American Automobile Labeling Act (2) Regulations on Corporate Average Fuel Economy (3) Adoption of the Metric System Trade in Services (1) The Foreign Investment and National Security Act of 2007: FINSA (2) Financial Services (3) Telecommunications (4) Maritime Transport Protection of Intellectual Property (1) Trademark Systems (DS176, US Omnibus Act 211) (2) Copyright and Related Rights xxii xxii
5 (3) Section 337 of the Tariff Act of Government Procurement Unilateral Measures (1) Section 301 of the Trade Act of (2) Special 301 (procedure after amendment by Section 1301 of the 1988 Act) and Other Related Provisions (3) US Re-Export Control Regimes Chapter 3: ASEAN I. General Protection of Intellectual Property (1) Availability of Enforcement (2) Actions Concerning Counterfeit and Pirated Goods II. Member Countries 1. Thailand Tariffs Tariff Structure Standards and Conformity Assessment Technical Regulations for Steele Products Trade in Services Foreign Investment Restrictions, etc Indonesia National Treatment Local Content Requirement on Retail Services Quantitative Restrictions (1) Quantitative Import Restrictions (Rice, Salt, and Used Capital Goods) (2) Import Restriction (Compulsory Registration by Importers of Steel Products) (3) Export Restrictions on Logs and Lumber Products (4) Export Restrictions on Mineral Resources and Local Content Issue Tariffs Tariff Structure Anti-Dumping Measures AD Measures on Japanese Cold-Rolled Stainless Steel Sheet Trade-related Investment Measures Local Content Requirements for LTE Devices, etc Standards and Conformity Assessment (1) Technical Regulations for Steel Products xxiii xxiii
6 (2) Regulations on Toy that can be an Entry Barrier for Foreign Companies Trade in Services Foreign Investment Restrictions, etc Protection of Intellectual Property (1) Suspension of Infringing Goods at Borders (2) Execution of Japan-Indonesia EPA Malaysia National Treatment (1) Imposition of Internal Taxes on Automobiles and Import Restrictions on Automobiles Based on the AP System (2) Excise Tax Exemption System on Domestic Automobile Parts Quantitative Restrictions (1) Export Restrictions on Logs (2) Import Tax Exemption Ceiling System on Steel Sheets Tariffs Increased Tariff on Steel Plates and Other Issues Standards and Conformity Assessment Technical Regulations for Steel Products Trade in Services Foreign Investment Restrictions, etc Intellectual Property Problems of Distribution of Copyright Infringing DVDs Viet Nam Safeguards Safeguard Measures against Semi-Finished and Certain Finished Products of Alloy and non-alloy Steel The Philippines Quantitative Restrictions Export Restrictions on Raw Materials Tariffs Tariff Structure Trade in Services Foreign Investment Restrictions, etc Myanmar Trade in Services Foreign Investment Restrictions, etc xxiv xxiv
7 Chapter 4: European Union Tariffs (1) High Tariff Products (2) Tariff Classification Issue on the Treatment of Products Covered by the Information Technology Agreement Standards and Conformity Assessment System (1) EU Directive on the Restriction of the Use of Certain Hazardous Substances in the Electrical and Electronic Equipment (RoHS Directive). (2) EU Directive Establishing a Framework for the Setting of Ecodesign Requirements for Energy-Related Products (EuP) (3) Regulations on Chemicals (REACH) (4) Regulations on Biocidal Products Trade in Services Audio-Visual Service Government Procurement Proposed New Regulations on Public Procurement (Proposal on International Procurement Instruments) Regional Integration Increasing Binding Tariff Rates Chapter 5: Republic of Korea Tariffs High Tariff Products Anti-Dumping Measures (1) AD Measure on Japanese-Made Valves for Pneumatic Transmissions (2) Sunset Review of Japanese Stainless Steel Bars Standards and Conformity Assessment Systems (1) Act concerning Registration, Evaluation, etc. of Chemical Substances (2) Import Restrictions on Japanese Fishery Products, etc Chapter 6: Chinese Taipei Tariffs High Tariff Products Trade in Services Regulations in the Telecommunications Sector Protection of Intellectual Property Lightened and Non-Criminal Penalties on Infringement Chapter 7: Australia Tariffs High Tariff Products xxv xxv
8 Chapter 8: Canada Quantitative Restrictions Export Restrictions on Logs Tariffs High Tariff Products Chapter 9: Russian Federation National Treatment (1) Introduction of Recycling Fee on Motor Vehicle (2) The Copyright Levy Framework for Private Audio/Audiovisual Recordings Tariffs High Tariff Products Export Taxes Tariff on Logs Chapter 10: India National Treatment Local Content Requirement on Domestically Manufactured Electronic Products Tariffs (1) High Tariff Products (2) Introduction of Special Additional Tariffs on Imported Products (3) Increase in Tariffs on IT Products Export Restrictions Minimum Import Price (MIP) System Anti-Dumping (1) AD Measures on Japanese Hot-Rolled Steel Sheets and Thick Plates; AD Measures on Japanese Cold-Rolled Steel Sheets (2) AD Measures on Japanese-Made Resorcinol Subsidies National Food Security Act Safeguards Safeguard Measure on Hot-Rolled Flat Products Standards and Conformity Assessment Systems (1) India s Technical Regulations for Steel Products (2) Technical Regulations for Automobile Tires (3) Strengthening of Restrictions on Conditions for Licensing Telecommunications Carriers (4) Introduction of Technical Regulations on Electronic and Information Technology Devices xxvi xxvi
9 Trade in Services Foreign Investment Restrictions, etc Protection of Intellectual Property Protection of Patents in Relation to Pharmaceuticals, etc Chapter 11: Brazil National Treatment Brazil s Measure concerning Discriminatory Taxation and Charges for Automobiles, etc Intellectual Property Regulations of Patent, Know-How and Licenses Chapter 12: Miscellaneous Issues 1. Argentina - Introduction of an Import License System Ukraine - Export Restrictions on Grain (Export Quota) Ecuador - Regulations on Total Number/Amount of Imported Vehicles Turkey - Infringement of Trademark Rights Turkey - Customs Valuation Measure and Additional Tariff Measure on Imported Rubber Tires Mongolia - Foreign Investment Restrictions GATT Article II Violations regarding Taxation of Flat Panel Displays xxvii xxvii
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