An Assessment of the Korea-China Free Trade Agreement

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An Assessment of the Korea-China Free Trade Agreement Jeffrey J. Schott Senior Fellow Peterson Institute for International Economics December 11, 2015 Peterson Institute for International Economics 1750 Massachusetts Ave., Washington, DC 20036 www.piie.com 0

Timeline of Korea-China FTA Long gestation period: 8 year joint-feasibility studies by government and academia before FTA negotiations launched in May 2012. Negotiations concluded on November 10, 2014, but not signed until June 1, 2015. Korean National Assembly ratified the FTA on November 30, and the deal will enter into force on December 20, 2015. Complements existing Bilateral Investment Treaty and Trilateral CJK Investment Pact. FTA is important for bilateral relations and will influence course of intra-asian and Asia-Pacific economic integration going forward. 1

Korea-China Trade and Investment Year Two-way trade in goods (US$ billions) Share of total Korea trade (%) Two-way trade in services (US$ billions) Share of total Korean trade (%) Korean FDI in China (US$ billions) Share of Korean outward FDI (%) Inward FDI from China (US$ billions) Share of Korean inward FDI (%) 2000 31 9 5 7 n.a n.a n.a n.a 2001 31 11 5 7 n.a n.a n.a n.a 2002 41 13 6 9 7 9 3 1 2003 57 15 8 10 10 10 3 1 2004 79 17 11 11 15 11 4 1 2005 101 18 13 12 20 12 7 1 2006 118 19 16 12 26 11 11 2 2007 145 20 19 12 58 17 14 2 2008 168 20 25 13 46 14 6 1 2009 141 21 20 13 56 16 10 1 2010 188 21 26 14 64 16 18 2 2011 221 20 27 14 74 16 23 3 2012 215 20 28 13 80 15 29 3 2013 229 21 32 15 109 18 36 4 2014 235 21 36 16 132 18 44 4 Source: World Bank WITS database and Bank of Korea Economic Statistical System 2

Why FTA with China is important for Korea While Korea-China goods trade sharply increased from $31 billion in 2000 to $235 billion in 2014, the growth has slowed in recent years; China s share of Korea s global trade has hovered around 21% since 2007. Korea s service trade with China also rose from $5 billion in 2000 to $36 billion in 2014. But many non-tariff barriers remain. OECD STRI is higher for China (36.6) than Korea (23.1). Though China has become the second largest recipient of Korea s FDI abroad, Korean investments still affected by performance requirements and exceptions to national treatment. Enhances economic cooperation regarding trade and investment in Outward Processing Zones (OPZs). 3

Tariff Schedule of Korea-China FTA Tariff schedule Number of tariff lines % of number of tariff lines Korea Imports by value (US$ billion) % of imports by value, 2012 Number of tariff lines % of number of tariff lines China Imports by value (US$ billion) % of imports by value, 2012 Normal track Immediate 6,108 50 42 52 1,649 20 73 44 5 years 1,433 12 3 4 1,679 21 6 4 10 years 2,149 18 17 21 2,518 31 31 19 Subtotal 9,690 79 62 77 5,846 71 110 66 Sensitive list 15 years 1,106 9 8 10 1,108 14 22 13 20 years 476 4 3 4 474 6 9 6 Subtotal 1,582 13 11 14 1,582 20 31 19 Highly sensitive list Partial reduction 87 1 2 3 129 2 10 6 Tariff-rate quotas 21 0 1 1 Exclusions 852 7 4 5 637 8 15 9 Subtotal 960 8 7 9 766 9 25 15 Total 12,232 100 81 100 8,194 100 167 100 Source: Ministry of Trade, Industry and Energy (2014). 4

Slower and more limited tariff reforms compared to KORUS and KOREU % of number of tariff lines % of imports by value Immediate 10 yrs 20 yrs Immediate 10 yrs 20 yrs Korea-China FTA Korea 50 79 92 52 77 91 China 20 71 91 44 66 85 KORUS FTA Korea 80 98.3 99.7 77.6 97.4 99.1 US 82.1 99.2 100 69.2 100 100 KOREU FTA Korea 81.7 98.1 99.6 66.7 99.5 100 EU 94 99.6 99.6 76.6 100 100 Source: Ministry of Trade, Industry and Energy (2012a, 2012b and 2014). 5

Sectoral outcome of Korea-China FTA Agriculture accounts for 581 of 960 products excluded by Korea or subject to partial reform; China lists 102 farm products out of 766 exceptions. Major manufacturing products (autos and electronics) are excluded from tariff liberalization or have a long tariff phase-out. New Information Technology Agreement (ITA-2) covers some Korean exports excluded from the FTA (eg. television cameras, and receivers for televisions), but excludes key items like OLED panels for TVs. 6

Kaesong Industrial Complex Unlike KORUS, 310 products made in OPZs such as Kaesong Industrial Complex (KIC) will qualify for preferential treatment. Liberal origin rules for goods produced in OPZs. Short term: South Korean manufacturers in the KIC can expand their market to China. Medium term: FDI from China will reduce the business risks associated with the KIC. Long term: Deeper economic integration with North Korea can pave the road toward reconciliation between the two Koreas. 7

Sectoral outcome of Korea-China FTA The Korea-China investment and service negotiations on market access are scheduled to commence with a negative list approach two years after the agreement enters into effect. The investment chapter includes standard features such as national and MFN treatment and ISDS, but similar to the CJK trilateral investment pact, the pre-establishment phase of investment is not covered under national treatment. For services, the FTA includes limited liberalization for telecommunication, financial, and entertainment services. Liberalization could expand with the follow up negotiations and China s potential participation in the plurilateral TiSA. Regarding mode 4 services, intra-corporate transferees working in each country can stay up to 3 years, but this is less than the terms provided by KORUS FTA. 8

Sectoral outcome of Korea-China FTA Intellectual property rights in China remains a concern for Korean protection of audiovisual, entertainment and media products in particular. Korea-China FTA primarily upholds TRIPS agreement: extends copyright protections, protects against circumvention of technological measures, and calls for remedies for IP infringements, though less extensive than KORUS. Chapter on environment improves on past Chinese practice, but does not have enforcement provision. No labor chapter. Recent Korean FTAs included labor obligations. 9

Implications for Asia Pacific Economic Integration The limited outcome in the Korea-China talks has two clear implications for economic integration among the northeast Asia countries. First, prospects for the ongoing China-Japan-Korea talks will be limited and unlikely to exceed the Korea-China outcome. Means lower ambition for RCEP as well. Second, lower expectations for CJK trade pact means that Korea and Japan need to strengthen their bilateral trade ties beyond CJK and RCEP. The best way for them to do so is by negotiating a deal in the context of the broader regional TPP. Korea should ask to join TPP as soon as the pact enters into force. 10

Conclusion By completing FTAs with United States, EU, and now China, Korea reinforces its global FTA network. But the FTAs are not fully comparable. The level of trade liberalization and scope of new rulemaking in the Korea-China FTA is lower than KORUS and KOREU FTA. Back-end loaded reforms and key exceptions dilute pact s stimulative effect. Korea-China FTA could be upgraded after follow-up negotiations on services and investment later this decade. Sets low bar for ongoing intra Asian initiatives like RCEP and CJK pact. Increases importance of TPP participation, especially for Korea-Japan relations. 11