This week, an arbitrator with the World Trade Organization’s (WTO) Appellate Body in Geneva ruled in favor of China – permitting China to levy duties on approximately $645 million worth of US imports each year.

While this action may appear in response to the Trump-era 301 duties, this past week’s decision has its beginnings during the Obama administration – when in 2012 the WTO established a panel to address Chinese complaints about unfair duties imposed by the United States on products such as paper, tires and solar panels. At that time, the U.S. argued the duties were necessary to counteract the alleged “dumping” of Chinese-made goods in the US market. 2 years later, the WTO Dispute Settlement Body sided with China when they permitted China to place tariffs on $2.4 billion in US goods.

WTO siding with China is nothing new, in 2019, another WTO arbitrator allowed China to levy duties on $3.6 billion worth of US imports.

Since China’s entry into the WTO, the US government has complained about the US’ unfair treatment in the WTO dispute settlement system. It was former President Donald Trump who stopped the WTO Appellate Body from hearing cases when the Trump administration blocked appointment of new Judges. Ironically, after the Biden administration took office, new Judges were appointed and cases were heard – leading to this current win for China.