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US, EU, Japan Complain To WTO Over China's Rare Earth Ban

eldavojohn writes "China's rare earth monopoly has resulted in a shortage as China blocks their export and the rest of the world resumes their operations. Now, in a first-ever joint filing from three members of the World Trade Organization, Japan, the EU and the U.S. are not sitting idly by as China repeatedly ignores the WTO's orders to export rare earth metals and raw materials at a fair price to other countries. China claims the embargoes are in place to protect its environment, while Obama denounces China as being unfair and not playing by the rules of the WTO. In 2009, the WTO released a report (PDF) that explained how actions like China's hurt trade partners."

18 of 218 comments (clear)

  1. Bogus article by samantha · · Score: 5, Insightful

    First of all, the WTO has no means to order any country to sell anything at what it determines is a "fair price". Second, China does not have a monopoly on rare earths. They exist is many many countries. Those countries may not be actively pursuing them and exporting them to the same degree but that is not China's fault.

    1. Re:Bogus article by headhot · · Score: 5, Insightful

      Other country's rear earth providers all went bankrupt and shut down because China was dumping. Now that they are all gone, China cuts back on supply (for environmental reasons.. right) to drive prices up.

      I think the term is call 'cornering the market.' Except this time its not orange juice, and they pulled it off.

    2. Re:Bogus article by vga_init · · Score: 4, Interesting

      Even though it's probably not the real reason (they just want to keep the materials for themselves, obviously, which is the smart thing to do), but in politics it's often advantageous to use your opponent's rhetoric--they risk making themselves look bad if they disagree with something they themselves said earlier.

    3. Re:Bogus article by cpu6502 · · Score: 5, Insightful

      Funny? I thought we are supposed to protect the environment. I guess they mean OUR environment, not China's.

      For 200+ years China was bullied by western powers. Now they have the upperhand with the resources AND the money. LOL. It's like watching the second collapse of Rome unfold (We're probably at year 400 in the timeline). Strong enough to raise an army but not strong enough for a real war. EU/US influence is shrinking.

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    4. Re:Bogus article by TheRaven64 · · Score: 5, Insightful

      Uh, what? China isn't shutting down mines, it's increasing mining, it's just making sure that the output from the mining goes to factories in China (which have lower environmental standards than in most of the rest of the industrial world, which is a big part of the reason why companies can manufacture cheaply there) rather than being sent abroad. Although they'll quite happily send them to factories producing goods for export.

      If anything, reducing rare earth exports increases pollution in China.

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    5. Re:Bogus article by retroworks · · Score: 5, Interesting

      No, it is not a "bogus article", and the WTO is not "ordering any country to sell anything at what it determines" is a fair price. WTO is a free trade agreement. China signed it.

      As such, WTO has rules which parties agree to abide by in return for protection of their own exports. WTO does not charge China with having a monopoly, but with using government rulings (environmental laws) to manipulate markets. There are rules in WTO which allow a country to limit exports of raw materials, but doing so in order to manipulate prices is against WTO rules. China doesn't have to BE in the WTO (Iran is not), and if they don't WANT to abide by the WTO ruling they can leave WTO. Or, they can live with / suffer the sanctions, as others have. But if you are in WTO and use it, you have to play by the rules.

      I'm not anti-China, and the USA deserves WTO sanctions for its agricultural subsidies. But whoever "modded up" this post doesn't understand WTO agreements. If you agree to follow WTO rules, you get unique market access to sell your products, but you also agree to sanctions if you use government to replace tariffs you've agreed not to use with "bogus" traffic laws, pollution laws, registration laws, or other "non-tariff barriers", or cut off the Japanese because you want to take over their electronics markets.

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    6. Re:Bogus article by Fluffeh · · Score: 4, Informative

      The first part involved the actual dumping and eliminating competition.

      Indeed. For many years there were multiple export nations selling Rare Earth Minerals. For many years, as the demand was quite low they all sold their goods to a small market. However, when the demand started to rise, China did something that the other players didn't see coming. They started to seriously undercut the prices of competitors. Other mines such as Mountain Pass were run out of business - and due to political pressures on the environmental damage that was being caused. When China became pretty much the only place left selling any reasonable quantities of REM, they bumped the price up by orders of magnitude. This coupled with much higher (and still growing) demand for them makes it a wonderful masterstroke. They then further used it when an incident with Japan caused political turmoil between the two nations - by blocking sales to Japan completely.

      While it is possible (and being done) to re-open the old mines and cease the monopoly that is currently held, it takes time to get these things up and running. Even then, China does hold a very major share of known REM reserves, so unless another (very) major deposit is found, it is likely that China will continue to hold an interesting political/trade card to play whenever it wants to.

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    7. Re:Bogus article by Rakshasa-sensei · · Score: 4, Insightful

      WTO rulings are enforced through trade tariffs.

      Damn, what is this naive "they can't enforce any ruling, free markets yeah!!!" thing all over these comments? Don't you guys know shit about global (free) trade?

      That all the major trading partners of China have gone to the WTO, an unprecedented event, it means that a ruling (which will clearly be against China) will mean that a number of Chinese export industries get hit with tariffs at a level sufficient to redress the perceived losses. And considering the impact such REM restrictions have all the way down high-tech manufacturing chains it won't be a small sum.

      And yes, this _IS_ free markets, free markets where some things like military and high-tech trade can be limited. However other things are not allowed to be restricted, cause that's what collectively got agreed upon by the people who compromise the free market. Add some quotes to 'free market' if it doesn't fit your ideologically pure interpretation.

      Also, China will be fucked even more if the same group decides to go to the WTO over the weak Yuan. The rest of the world will obviously also be fucked, but they might decide they're less fucked than status quo.

    8. Re:Bogus article by Ihmhi · · Score: 4, Insightful

      In other news, DeBeers are sitting on large stockpiles of diamonds in order to "protect the war-torn orphans".

      Nope, not about artificially high prices at all. Nope.

  2. This is what happens... by ravenspear · · Score: 4, Insightful

    when you shut down mining and manufacturing in western countries and ship it all to China just because they are cheaper.

    Other countries have these deposits, but they determined they could just buy China's for less money.

    1. Re:This is what happens... by jd · · Score: 4, Insightful

      Did I say China was working on a level playing field? Nooooooooooo. Now, go take your cookies and milk then go back to kindergarten until you learn to read.

      For the rest of you, a level playing field means you do NOT hand someone the ball and then complain that you've no balls. (Take that as you will.) A level playing field means that you demand of yourself no less responsibility than you demand of others.

      A level playing field ALSO demands that ALL sides play by the rules. You know Boeing and Airbus have both been found guilty of getting illegal subsidies, right? That this isn't new and that both blocs have known for over a decade that what they were doing was indeed illegal? Sorry, I have difficulty feeling sympathy for people who are equally corrupt and criminal. Sympathy for the devil is easier to stomach than sympathy for the corporations. It also has a catchier tune.

      The US ITAR regulations banning the export of computer systems to China that can - and are - used by US corporations to cut costs -- you think that's a level playing field? When NASA made it possible to turn a pile of PCs into a supercomputer, the software was banned. (Those old enough will remember Slashdot helping smuggle the software to Canada.) Sure, they relented later, but only because they had no choice. The cat was already out of the bag and ripping people's limbs off - as cats formerly in bags tend to do.

      The US has been in trade wars with the EU, seeking to cripple EU industries via restricted exports.

      Sorry, but the moment the US did that to Europe, it LOST all rights to complain when others do the same to it. Remember, the US may have relented but it never apologized and never changed its attitudes. It grudgingly tolerated obedience to the law, but we all know perfectly well that it will violate that law every chance it has to gain an edge.

      As, indeed, it did in the 90s, when the US Government's signals intelligence passed confidential internal documents from Airbus to Boeing. The US Government, involved in industrial espionage in order to profiteer.

      A level playing field is where ALL such activity is banned, where ALL such activity leads to more than a gentle slap on the wrist but serious economic consequences, and where ALL countries are required to participate fairly, openly and (above all) honestly. THAT is a level playing field.

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  3. Slightly delusional by microbox · · Score: 5, Interesting

    For 200+ years China was bullied by western powers

    This is true. And then China proved itself to be the equal bully of Victorian era European powers.

    You are right about the declining influence of the USA and the EU. I suspect, however, that China will not rise above, but will trace a similar arc as the soviet union did. In many ways, the Chinese miracle reflects the decade-long double-digit growth of the soviet union. And likewise, both countries have serious internal problems, including /severe/ environmental issues.

    I do believe that the chinese leadership will not sit idly by on these environmental issues, and their environmental policy looks bizarre to outsiders. I suspect they are drawing down on the possibility of future technical solutions which they are now investing in. But the future of industrial china has not yet been written.

    btw, the USA, France, Britain, Germany, Japan, Russia and China are probably the only countries that can sustain a significant war. There may be a dearth of political will within the USA, France, Britain, German and Japan -- but if the will is ever galvonised, make no mistake, they could prosecute a real war anywhere on the planet.

    --

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    1. Re:Slightly delusional by Anonymous Coward · · Score: 5, Funny

      Simple. Gundams.

    2. Re:Slightly delusional by microbox · · Score: 4, Informative

      If you look on wikipedia, you will find out that Japan has the 7th largest military budget in the world, at only a fraction of their GDP. They have about 250k active personal, 50k reserves, and about 27 million men of service age. They have their own native high-tech defence industry, which is supplemented with US and European technology.

      If they had to go to war tomorrow, they have a significant high-tech air-force, navy and army with a modern capable war doctrine. If engaged in a protracted war, like WWII, they could draw down on over 50 million personal, and deploy a massive high tech manufacturing base and indigenous know-how. They are also the 3rd richest country in the world. (Most of their debt is domestically held.)

      --

      Like all pain, suffering is a signal that something isn't right
  4. Re:Hate the game not the player by Anonymous Coward · · Score: 4, Insightful

    Actually the complaint is that China didn't play the game. They cheated by dumping and are now cheating by restricting exports. Not unexpected from them, but don't claim it's capitalism in action.

  5. It's not about mining quotas, but export quotas. by Corporate+T00l · · Score: 5, Informative

    If China were simply limiting the amount of rare earths permitted to be dug out of the ground, there would be no WTO issue. The problem is that this is an export cap which has the potential to create different pricing for rare-earths between domestic and foreign purchasers of these materials.

    Now if you look at mentions of today's prices of rare earths (by googling for "rare earth prices"), as yet, there is no such disparity. The linked WTO article also doesn't directly talk about price disparities between domestic and foreign purchasers. It turns out that global demand for rare earths went down quite a bit last year, and as a result, only about 60% of the export quota was used up (according to this FT article).

    The concern is that as the global economy recovers, if demand is seen to exceed the quota, then a huge price difference between what domestic companies and foreign companies pay will emerge. This would amount to a kind of state subsidy (making prices for domestic producers artificially cheap) and would violate WTO rules.

    The two metrics to watch to determine whether or not the claim of environmental protection vs. economic protectionism would be:

    (1) Domestic rare earth production volume (e.g. in tons) - If slope of this curve continues unchanged, then there really is no environmental effect. If the slope flattens out, then it could be argued that the quota did slow down the pace of mining and did have an environmental consequence

    (2) Domestic (China buyer) vs. Foreign (non-China Buyer) price (e.g. difference $/ton) - If this disparity is big, then there's a stronger case that there is some kind of domestic subsidy occurring, if the disparity is small, then the case that there is a subsidy is weaker.

    This is not really a matter of sovereignty since China is a willing party to the WTO and has volunteered to play by those rules.

  6. Re:Globalist whining by shutdown+-p+now · · Score: 5, Informative

    I am not a Chinese government fan by any means but as a sovereign country they have an obligation to protect the interests of their citizens above the financial gains of the globalists.

    They absolutely do, but they can't do that while still remaining a member of WTO.

  7. Re:Make China the bogeyman by Anthony+Mouse · · Score: 4, Insightful

    in California there is a large rare earth mine still remain closed

    Check again.