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Course Code Course Name Section Code

BU2103 International Trade Law BU2103 - IBM G2:


Percentage Weight of
Semester Type of Evaluation
Total Evaluation
Summer 2020 Assignment #2
15%

Course Instructor Due Date


Tony Bejjani Week 10 (Tues., July 21, 2020) at 5:00 pm Total Marks: / 15

Student Name Student ID # Team #

Non-tariff Barriers to International Trade


Bear on the move

Located in Guangdong, China’s richest province, Xianda Co. is a toy company that has been
manufacturing toys since the onset of Guangdong’s economic boom in the early 1990s. While Xianda
Co. is now a major manufacturer for a number of multinational toy companies, it began by designing
and manufacturing its own line of dolls, teddy bears, puppets and building blocks based on its
trademark character “Xia the Panda Bear”.

Xia’s popularity was initially limited mostly to China’s mainland until late 2002; a year after China
joined the WTO. In 2002, Xianda Co. saw a surge in demands for Xia products start in France, spread
throughout Europe and North America, and move into South America. Today, Brazil is Xianda Co.’s
biggest export market for Xia goods, and Xia’s popularity in Brazil alone accounts for 19 percent of
worldwide Xia sales and 2 percent of Xianda Co.’s manufacturing output. Since 2003, Xia the Panda
Bear has become the most popular toy in Brazilian history.

A bear market

A media frenzy of confirmed cases and unconfirmed speculation pertaining to China’s use of
hazardous materials (for example, lead paint and potentially carcinogenic plastic and rubbers) to
manufacture toys cheaply, sparked consumer panic around the globe. In response, the Brazilian
government ordered all Xia goods pulled from store shelves and banned further toy imports from
China until toxicology tests had been performed to guarantee they were free of potential hazards.
Almost overnight, Xia product sales fell by almost 20 percent, and Xianda Co. production decreased
by 2 percent.

The Chinese government, fearing other countries would act in a similar manner to Brazil, brought the
case before the WTO for resolution.

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Not bearing the burden

While waiting for the WTO to make a ruling on the validity of Brazil’s Xia ban, the Chinese government
restricted all imports on soybeans; coincidentally, the majority of soybeans imported to China come
from Brazil. Until the Xia dispute, low-grade Brazilian soybean exports had increased dramatically to
China, where they were being used to create an animal feed for domestic cattle and poultry stocks.

As justification, China declared the lower cost and surge of all imported soybeans were jeopardizing
the livelihood of coastal soybean farmers who were being forced to raise soybeans prices domestically
to offset harvest losses from flooding. China stated the quota restriction would only last for eighteen
months, long enough for their farmers to recover economically. Brazil, declaring the quotas were
retaliation for the Xia ban, brought the case before the WTO for resolution.

Case Study Questions


1. In the Xia case, if the WTO were to rule in favor of Brazil, which of the WTO trade agreements
would contain the justification and why? (3 Marks)

2. If the details of the Xia case were indeed presented to the WTO, explain what the WTO ruling
would most likely be and why. (3 Marks)

3. In the soybean case, what was the measure adopted by the Chinese government to protect
soybean farmers from import surges, and what are the WTO parameters for instituting such
measures? (3 Marks)

4. If the details of the soybean case were indeed presented to the WTO, explain what the WTO
ruling would most likely be and why. (3 Marks)

5. What is your recommendation for Xianda Co. for their International Trade Law practices?
(3 Marks)

Although based on the research of actual events, organizations, and/or individuals, this case study
is fictional and is intended to support learning. Cases are not intended to serve as endorsements,
sources of primary data, or illustrations of effective or ineffective management.

Instructions:
a) Print this page with your student name and ID #, using font 11.
b) One and a half-space typed.
c) Each team member should fill the “Peer Evaluation Form”, and submit it with the assignment.
No email submission is accepted whatsoever!
d) Provide references on the last page of the assignment using the APA style.
e) Plagiarism: ZERO MARKS.

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GROUP PEER EVALUATION FORM

Group Peer Evaluation Rubric Team Captain/Leader:


(to be completed by the team
captain/leader for each
assignment/project)

Criteria:
Mark Team Role fulfillment Communication Job proficiency
Always listens to, shares with,
Participated in all group and supports the efforts of
Did more than others - highly
meetings, assumed leadership others. Provided effective
productive. Work is complete,
4 roles as necessary. Did the feedback to other members.
well organized, with no errors,
work that was assigned by the Relays a great deal of
and is done on time or early.
group. information - all relate to the
topic.
Usually listens to, shares with, Did their part of the work -
Participated In most group and supports the efforts of cooperative. Work is generally
meetings. Provided leadership others. Provided some effective complete, meets the
3
when asked. Did most of the feedback to others. requirements of the task, and is
work assigned by the group Relays some basic information mostly done on time. Works well
- most relates to the topic. with others, rarely argues.
Often listens to, shares with, Could have done more of the
Participated in some group
and supports the efforts of work - has difficulty, requires
meetings.
others. Provided little feedback structure, directions, and
2 Provided some leadership. Did
to others. Relays very little leadership. Work tends to be
some of the work assigned by
information - some relate to the disorderly, incomplete, and not
the group.
topic. accurate and is usually late.
Rarely listens to, shares with, or Minimal work - Minimum
Participate in few or no group
supports the efforts of others. contribution, does not work well
meetings. Provided no
1 Provided no feedback to others. with others. Work is sloppy and
leadership. Did little or no work
Does not relay any information incomplete, excessive errors,
assigned by the group
to teammates and is mostly late or not at all.
Did not do any work - does not
Little to no Participation. Did Did not listen, share with others, contribute, does not work well
0 little or no work assigned by the or support the group. Provided with others. Work is sloppy and
group no feedback to others. incomplete, excessive errors,
and is mostly late or not at all.

Evaluate group members (including yourself):


Team Role Communicatio Job Total
Name Fulfillment n Proficiency (Out of
(Out of 4) (Out of 4) (Out of 4) 12)
0
0
0
0
0

General Comments:

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