国际商法 贸易壁垒 trade barrier 案例

1、Why do the governments set barriers for the international trade?,by :廖成婧，杨莉红，王琼，喻香平, 卢岳松，全姣姣,What is tariff barriers?所谓关税壁垒，是指进出口商品经过一国关境时，由政府所设置海关向进出口商征收关税所形成的一种贸易障碍。按征收关税的目的来划分，关税有两种：一是财政关税，其主要目的是为了增加国家财政收入；二是保护关税，其主要目的是为保护本国经济发展而对外国商品的进口征收高额关税。,Reasons 1.For collection of revenue 2.Regulation of

2、import competition 3.Retaliation against foreign government trade barriers 4.Implementation of foreign policy,5.Implementation of national economic policies 6.Protection of the national defense 7.Protection of natural resources of the environment 8.protection of public health,safety and morals, and

3、plant and animal life,reasons,Case 1.中美轮胎特保案,The case of special protectionist tariffs on tire,The Event. April 20,2009 : United States Steel Workers Association(钢铁工人协会) put forward application of special measures to the United States International Trade Commission(美国国际贸易委员会) against the commercial

4、tyres that China transmit to USA market. They require the government set quotas on 21 million tires of passenger cars, light trucks, minivan(迷你面包车) and sports car that China exported. Our government has expressed strong dissatisfaction and resolutely opposed that. June 18,2009: The United States Int

5、ernational Trade Commission made a positive damage adjudication(肯定性损害裁决) to Chinese passenger cars and light truck tires safeguard(轮胎特保案).They made sure that the increase of tires products imported from China caused or threatened to cause market disruption in the United States industry.,Retaliation

6、against American Trade Barriers,The ministry of commerce of the Peoples Republic of China(中华人民共和国商务部) decided to start anti-dumping and countervailing examination procedures (反倾销和反补贴立案审查程序) against part imported cars and chicken products of the USA on September 13, 2009., 9.12. 2009 President Obama

7、announced to Implement a period of 3 years punitive tariffs(惩罚性关税)on tyres of all of the cars and light truck that imports from China. The tax rate of the punitive tariffs on tire imports from China is 35% in the first year, 30% in the second year and 25% in the third year.,reasons,The technical bar

8、riers to tradetea trade between Japan and China,The Event,The tea industry is a traditional pillar(产业) industry for Chinas economy.It has developed rapidly and has gained significant achievements with reform and opening-up to the international market.Known as “green trade barriers”, new non-tariff b

9、arriers to trade(NTBs), such as technical trade barriers and environmental trade barriers, have taken the place of traditional trade barriers. As a main type of technical barrier to trade, pesticide MRL (最大残留限量） standards have severe impact on foreign trade of our Chinas tea products .,China is a la

10、rgest tea exporting country, Japan is a traditional market for tea selling. Whether this market is operating well has a lot to do with the development and stability of the oolong（乌龙） tea industry. In 2008, the total trade volume between Japan and China is 2.1 million tons, with total value of 560 mi

11、llion dollars, decreasing by 16.5% and 13.9% compared with the same period of the previous year . Japan has set a series of regulations on oolong tea and green tea products, which laid a great risk on Chinese tea producers.,conclusion,Why the Japan set technical trade barriers ? because the chinas p

12、esticide content is much higher than the Japans standards . So , we may understand why the Japan do it to China- Protection of public health , safety and morals. Considering this situation , The Chinese government needs to take corresponding measures to solve this problem and China still has far to

13、go.,日本规定微型计算机的操作系统必须用日语编程。这样，成功地把美国的微机阻挡在日本市场之外 从而保障了日本微机工业的高速发展。,Another event Japan regulates that Japanese programming must be used in micro computer operating system. So, this provision successfully refuse the United States microcomputer into the Japanese market. It also guarantee the rapid indu

14、strial development of the Japanese computer.,reasons,The Event 空姐代购案 oversea purchasing without tariff,Recently， A departured airline stewardess(空姐), Li Xiaohang, in Beijing has been sentenced for 11 years, because he had bought a plenty of cosmetic for second selling from a untaxed store in Korea w

15、ithout paying tariff . According to statistics, Li Xiaohang was charged with tax evasion for 1130,00 0 Yuan from Aug.1st 2010 to Aug .30th .2011.,Accordingtoexpertanalysis, importedcosmetics, apartfromduty-freeshop, shouldpaytariff, consumptiontaxandvalue-addedtax. Importtariffvaryfromdifferentproducts, which is about10%,andt