Last week's article but a good read.
Trump’s Trade War Isn’t About Trade. It’s About Technology.
April 3, 2018
Over the last ten days, the Trump Administration has unveiled a grab bag of punitive measures directed at Chinese economic statecraft: tariffs on up to $60 billion worth of Chinese imports, accusations of intellectual property (IP) theft through hacking, restrictions on Chinese acquisitions in the United States, and a World Trade Organization (WTO) complaint over China’s technology licensing laws.
The diversity of tools used (tariffs, investment restrictions, WTO cases) and activities targeted (imports, investment, and hacking) raised questions about the Trump administration’s underlying goals. Are these actions about reducing the bilateral trade deficit or stymying China’s technology ambitions? Are they aimed at protecting American IP or undermining Chinese industrial policy?
Compounding this confusion have been the mixed messages sent by the Trump administration. In announcing the tariffs, President Trump himself railed against the bilateral trade deficit and gave a quick nod to “
.” But Robert Lighthizer, Trump’s
U.S. Trade Representative (USTR) and the man tasked with picking industries for those tariffs, has instead hammered away at Chinese industrial policy that seeks to acquire U.S. technology and use it to dominate key sectors.
While these positions aren’t mutually exclusive, there is a major difference between the remedies for a short-term trade imbalance (have China buy more U.S. goods) and the desire to maintain the United States’ long-term technological edge (prevent China from unfairly acquiring core U.S. technologies).
So what’s the real issue here, trade or technology? The answer, I believe, is found in the key policy document of the past month: the USTR Section 301 report. Both that document and the measures taken since its release indicate that, despite Trump’s own rhetoric, the main target here is Chinese industrial policy aimed at upgrading its technological infrastructure. Specifically, the latest actions seek to combat what is being viewed as Beijing’s concerted and coordinated efforts to acquire American technology in support of China’s “Made in China 2025” plan.
The Target: Made in China 2025
First approved by the State Council in 2015, Made in China 2025 is the Chinese government’s sweeping industrial policy that aims to indigenize certain technologies and establish technological leadership in ten key industries, including information technology, robotics, and new energy vehicles. After flying under U.S. policymakers’ radar the first couple years after its release, the plan is now emerging as a focal point of bilateral economic tensions.
Chinese industrial policies are dime a dozen, but what makes Made in China 2025 stand out is the breadth of its ambition, as well as the tactics employed to achieve its goals. If Made in China 2025 were to generally succeed, it would do for high-tech manufacturing what China did to low-cost manufacturing in the preceding two decades: vacuuming up a huge portion of global production and concentrating it in mainland China.
That has set off alarm bells for policymakers in several countries, and placed it at the center of recent economic frictions. In an
, Lorand Laskai of the Council on Foreign Relations noted that the Section 301 report mentions or cites Made in China 2025 a full 116 times.
before the Senate Committee on Finance, Lighthizer stated that he would like the tariffs to target the industries covered by Made in China 2025: “These are things that China listed and said we’re going to take technology, spend several hundred billion dollars and dominate the world. These are things that if China dominates the world, it’s bad for America.”
As my colleague Evan Feigenbaum
, China’s pro-active approach to technological upgrading is nothing new and dates back to the 1950s, with the Chinese government consistently viewing cutting-edge technology as key to national power. But three things have changed the U.S. reaction to this round of Chinese industrial policymaking: (1) China now has the money to simply buy up cutting-edge American firms; (2) Made in China 2025 aims for Chinese firms to dominate not just domestic markets, but also global markets that America counts on; and (3) after decades of doubting China’s innovation potential, the United States now fears the rapid pace of China’s technological catch-up, and sees Chinese technology as a major (perhaps even existential) threat to U.S. economic competitiveness.
To see how those concerns are being translated into policy, I’ll first outline the contentions of the Section 301 report, and then show how the apparently disparate actions taken in its wake all seek to address specific concerns raised by the report.
The Report
President Trump initiated the Section 301 investigation last August, with the goal of determining whether Chinese government actions resulted in unfair or illegal acquisition of American IP. Released on March 22, the Section 301 investigation answered that question with an emphatic “yes.”
The report breaks down Chinese actions into four categories, each with its own dedicated section: forced technology transfers, discriminatory licensing requirements, overseas acquisitions, and illegal commercial hacking. But beyond a straightforward accounting of nefarious Chinese practices, the 182-page document is laced with a more significant argument: these actions are systematically undertaken in support of Chinese industrial policy goals, specifically Made in China 2025.
In the first section, the authors draw on surveys of U.S. firms to show that Chinese authorities require foreign firms to form joint ventures with Chinese companies and transfer valuable IP to them as a precondition to operating in China. The demands for technology transfers are often made indirectly or orally to avoid explicit violation of WTO rules that prohibit the practice. Though these transfers occur across a range of industries, they’ve been particularly onerous in industries targeted by Made in China 2025, like new energy vehicles and aviation.
The subsequent section on discriminatory licensing practices lays out Chinese laws that systematically discriminate against foreign firms licensing technology to Chinese companies. Among those rules is one requiring that after ten years of paying for licensing, the Chinese firm will be allowed to use the technology in perpetuity after the contract expires. These practices apply across the board for U.S. firms, not specifically to Made in China 2025 industries.
It’s in the third section, on overseas acquisitions, that the report’s authors make their strongest case. Spanning over 90 pages—nearly half of the entire report—the authors lay out how different Chinese government entities have shaped and funded a shopping spree of American technologies. It describes in detail Chinese acquisitions in strategic sectors highlighted by Made in China 2025, such as integrated circuits, robotics, aviation, and biotechnology. Many of those acquisitions involved government backing that worked against market forces or gave Chinese firms a financial edge in outbidding other buyers.
While these acquisitions by no means account for the entirety (or even the majority) of China’s multi-year outbound investment surge, they do paint a compelling picture of Chinese government support for non-market-driven purchases of key technologies that support Made in China 2025’s goals.
In the final major section, the report outlines the impact of commercial hacking originating from China that seeks to steal IP or trade secrets from U.S. companies. This section largely rehashes longstanding accusations of Chinese cyber corporate espionage, though it does highlight overlap between the U.S. industries targeted and those encouraged by Made in China 2025. It makes the argument that while these cyber attacks have declined substantially since 2014—with some of that decline attributed to a 2015 agreement between Presidents Obama and Xi—they still regularly occur and continue to damage American firms.