Anti-Dumping and Anti-Trust: US-China Struggle Continues

Published in China Times
(Taiwan) on 22 August 2014
by (link to originallink to original)
Translated from by Anthony Chantavy. Edited by Emily France.
The United States and the Chinese Communist Party (CCP), both mighty powers on opposite sides of the Pacific Ocean, share an intricate relationship – from their early mutual hostility, the Cold War and containment to sports exchange, diplomacy and even strategic partnership. In the past 70 years, these two countries have seemed to gradually get along, but behind the scenes they have been eyeing each other’s moves, faking smiles and denying everything. In fact, the U.S., as the “world’s policeman” — famous for maintaining global peace and ready to send soldiers to aid other countries — is actually merely thinking about its own economic interests and hegemony. The CCP, on the other hand, has supported the Nonaligned Movement for a long time, assisting backward Asian and African countries, and it does not frequently interfere in other countries’ internal affairs like the U.S., thereby gaining more support from Asian and African countries.

After the Soviet Union collapsed on Dec. 12, 1991, America's global hegemony was fortified, but China’s rapid rise was the thorn in its side. Thanks to China’s close relationship with the Association of Southeast Asian Nations (ASEAN), it established the ASEAN Plus One (later adding Japan and South Korea and becoming the ASEAN Plus Three). Recently, the ASEAN and CCP expanded to establish the Regional Comprehensive Economic Partnership (RCEP). As of now, there are 16 countries negotiating to join the CCP’s new organization.

Meanwhile, the U.S. does not dare show its weakness. In 2006, the U.S. created the Trans-Pacific Partnership (TPP), consisting of countries like Singapore, Brunei, Chile and New Zealand, turning the cold treatment it had suffered into positive promotion of its leadership, and quickly expanding from negotiating with the original P-4 countries to 12 countries. This rivalry between China and the U.S. is but a preview of the years to come.

To hinder the CCP, the U.S. has expressed support for Japan's sovereignty of the Senkaku Islands, and has also engaged in military cooperation with the Philippines and Vietnam. The U.S. seeks to restrict the CCP in the Xisha and Nansha Islands and adjacent waters, and has expressed support for Vietnam in the South Sea oil platform dispute. The U.S. also continues to cooperate with South Korea in its defense against North Korea, behind whom the CCP takes cover.

In other words, through organizing international economic organizations and defense cooperation with individual countries, the U.S. is strengthening its containment of communist China. The purpose of this containment, besides maintaining its world hegemony, is to consolidate its global economic interests. In terms of economic interests, the CCP is no longer merely a dependent world factory, but has gradually become a sturdy world market for the U.S. and Western Europe. In its effort to confront the CCP as both a world factory and world market, the U.S. takes every kind of measure to suppress its operations.

For a long time, the U.S. has repeatedly advocated globalization and liberalization. Besides using economic theory to prove that globalization and liberalization can enhance the economic well-being of people around the world, the U.S. itself benefits the most from both. America’s long-term trade deficit seems to have paid a heavy price for free trade, but in fact, the U.S. can now use its currency to obtain trade and services from around the world. However, in addition to printing money in exchange for physical resources, the U.S. pays attention to the impact of international trade on its own industry and employment. There are three separate ways it does so: Regarding foreign currency exchange rates, it frequently checks for governments of trade rivals to use unfair strategies to manipulate exchange rates; in terms of product prices, it monitors whether its local industries are affected by other countries’ unfair dumping practices; and in regard to the price structure of imported products, it watches for governments of other countries using any form of subsidies.

The U.S. government often accuses China of engaging in exchange rate manipulation, dumping and subsidies in its exports to the U.S.. As for the exchange rate issue, the U.S. often negotiates through the government, using its strong international political and economic dominance. As for the accusation of dumping and subsidies, the U.S. also imposes very high anti-dumping and anti-subsidy duties (i.e., double-anti duties). A few months ago, there were predictions that America’s high tax rate on Chinese exports could help Taiwanese solar power dealers profit dramatically from late last year to early this year.

However, on July 26, as soon as the U.S. Department of Commerce noticed low-price dumping of Taiwanese and Chinese solar panels and batteries, it imposed an average tax rate of 35.89 percent on Taiwanese dealers. This is lower than the 47 percent rate given to Chinese dealers, but it is still not quite what Taiwanese manufacturers expected.

In fact, the U.S. government makes scapegoats out of Taiwanese manufacturers, using the Chinese government's toughness. When the U.S. put an anti-dumping tax on Chinese solar products, it also included Taiwanese manufacturers, showing that it has no presumptions or prejudice regarding China. Taiwanese manufacturers were simply guests at the feast at Hangmen; they no longer wish to partake in the final judgment of anti-dumping duties and hope that their final anti-dumping duty will be much lower than that of mainland manufacturers.

Because the U.S. is frequently ready to do double-anti duty inspections of Chinese exports and even impose heavy taxes, communist China has also promoted anti-monopoly practices since as early as Aug. 1, 2008, and has conducted anti-trust investigations of well-known companies in both Europe and the U.S., such as Qualcomm, Microsoft, Mercedes, Audi and BMW. In the automotive industry, it is rumored that Toyota, Honda and Nissan were also caught in the crossfire. According to Chinese anti-monopoly law, manufacturers who abuse their market positions will be ordered by anti-monopoly law enforcement agencies to stop, have their illegal earnings confiscated and receive an annual sales penalty between 1 and 10 percent, which is meant to keep manufacturers on their toes.

In fact, this anti-dumping and anti-monopoly wave is the sequel to the international political and economic struggle between the United States and China; however, while they try to act like big countries and not point fingers, they still end up hurting innocent passersby.


太平洋兩岸的超極強國美國與中共,關係錯綜複雜,從早先明顯的敵對、冷戰、圍堵,到體育互相交流、外交相互承認,甚至互相提升為「重要戰略伙伴」。這七十年來兩者的關係,外觀看來似乎漸入佳境,然而在背地裡,雙方爾虞我詐,笑裡藏刀,互相爭作霸主,卻又各自否認。其實,美國自詡為「世界警察」,以維持全球和平為名,動輒出兵他國,實際上是為了維持其經濟利益與霸主地位;至於中共長期支持不結盟國家組織,也積極援助亞非落後國家,而且中共不像美國動輒干涉他國內政,因而更得到亞非國家的支持。

1991年12月蘇聯解體之後,美國的全球霸主地位原本更加固若金湯,但隨著中國快速崛起,讓美國有芒刺在背之感。尤其中國與東協國家關係緊密,開始先建立「東協加一」(後來加入日、韓,成為「東協加三」)的自由貿易區,最近東協與中共更擴大建立RCEP(Regional Comprehensive Economic Partnership)組織,截至目前已有16個國家談判加入,中共幾成盟主。美國也不甘示弱,對於在2006年由新加坡、汶萊、智利與紐西蘭發起的TPP(Trans-Pacific Partnership Agreement),由消極的冷處理,轉為以龍頭老大身份積極推動,由最初的4國(P4)迅速擴大到目前總數12國談判加入,雙方分庭抗禮可見一斑。

為了牽制中共,美國更積極表態支持日本對釣魚台的主權,與菲律賓、越南也積極軍事合作,呼籲中共在南海的西沙、南沙群島及鄰近海域要節制,對於中、越在南海的鑽油平台糾紛表態支持越南,也與南韓合作協防北韓,藉此節制北韓背後的支持者中共。

換言之,經由籌組國際經濟組織及與個別國家的防衛合作,美國正在強化對中共的圍堵。圍堵之目的,除了維持其世界霸主地位,更鞏固其全球經濟利益。在經濟利益上,中共已經不再只是仰人鼻息的「世界工廠」,逐漸成為與美國、西歐三足鼎立的「世界市場」;面對同時是「世界工廠」與「世界市場」的中共,美國採取從各方面加以打壓的策略。

長久以來,美國一再鼓吹全球化與自由化,除了在經濟學理論上證明全球化與自由化能夠增進全球民眾的經濟福祉,美國本身更是全球化與自由化的最大受益者。美國長期以來的貿易逆差,表面上好像為了自由貿易而付出重大代價,事實上是美國以美元特殊的鑄幣權地位,換得來自世界各地超額的貿易與服務。然而,美國除了印鈔票換得實體資源之外,也關切國際貿易對其本身產業與就業的影響,並分別由三個途徑處理:在外匯匯率上,經常監視其貿易對手國政府是否有操控匯率的不公平競爭手段;在產品價格上,監視其國內產業是否受到國外競爭者以低價傾銷(dumping)手法進行不公平競爭;在進口產品的價格結構中是否有外國政府以任何形式的補貼,壓低產品價格形成不公平競爭。

開發中國家產品輸美,經常被美國政府指控匯率操控、傾銷與補貼。對於匯率問題,美國常透過政府間談判處理,以其強大的國際政經優勢地位施壓;對於被指控傾銷與補貼的產品,則課以極高稅率的「反傾銷稅」與「反補貼稅」(俗稱「雙反」稅)。幾個月前,盛傳美國對中國輸美的太陽能產品進行「雙反」調查,極可能課以顯著高稅率,因而讓台灣的太陽能業者,從去年下半年到今年上半年因「轉單」效應,營收與獲利大幅提升。

然而,7月26日美國商務部「初判」台灣與中國的太陽能面板與電池都有低價傾銷的現象,因此判定台灣業者平均加課35.89%的稅率,雖然低於中國業者47%的稅率,但台灣廠商對美國的判決都感到出乎意料。

其實台灣廠商是被美國政府拿來墊背的,以中國政府的強悍,美國對中國太陽能產品課反傾銷稅時,把台灣廠商也拉進來,顯示其無預設立場。台灣廠商應該只是鴻門宴上「項莊舞劍,志在沛公」時的陪客,在反傾銷稅的「終判」可望不致再陪榜,最後被課徵的反傾銷稅應可望大幅低於大陸廠商。

由於美國對中國輸美產品動輒施以「雙反」調查,甚至課以重稅,中共方面最近也還以顏色,祭出早於2008年8月1日生效的「反壟斷法」反制,並且為了顯示沒有針對性,對於歐美知名企業都進行調查;舉凡高通、微軟等美國資訊業者,賓士、奧迪、寶馬等知名歐洲汽車業者,都進行反壟斷調查。在汽車產業方面,據傳日系的豐田、本田和日產也遭到池魚之殃。依照中國反壟斷法規定,濫用市場支配地位的廠商,由反壟斷執法機構責令停止違法行為,沒收違法所得,並處上一年度銷售額百分之一以上、百分之十以下的罰款,因此被調查的廠商都忐忑不安。

事實上,這一波的反傾銷與反壟斷是美、中兩國在國際政經角力之後,各自在其國內繼續捉對廝殺的續集;不過,雙方為了顯示大國風範及無針對性,這一架打來卻使許多無辜的「路人甲」也都受傷了。
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