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Is China playing a clever capitalist or malicious miscreant?

To the victor go the spoils, they say.  But the U.S. isn't happy with China's control of over 95 percent of rare earth metal production.  It's lodged a formal complaint with the World Trade Organization, with President Barack Obama accusing the Asian economic giant of playing dirty.

I. Once the U.S. Was a Rare Earth Leader

The earliest mining of rare earth elements came from placer sands in India and Brazil.  Then in the 1950s, South Africa took the lead with its rare earth containing monazite deposits.  Between the 1960s and 1980s, Mountain Pass mine in California was a leading producer.

Then came the red giant.  China, which owns an estimated third of the world's rare earth deposits, pumped up production in Inner Mongolia in the 1990s, putting price pressure on American and other producers.  It worked.  The Mountain Pass mine was shuttered in 2002, and with it the majority of American rare earth mineral mining.

Neodymium wide
Slowly China came to dominate rare earth metal production, a realm once dominated by the U.S. (neodymium magnets pictured) [Image Source: Doug Kanter/Bloomberg]

But in their quest for ever more-efficient power electronics, electric vehicle makers, flat-panel television makers, wind turbine makers, and solar panel makers all turned to this category of scarce resources.  In short, rare earth minerals suddenly became a prized commodity, just as the U.S. exited the market and China cornered it.

China responded by imposing a 2010 cap on exports, which continued into 2011.  The artificial ceiling limited exports and sent prices soaring, adversely affecting the electronics, alternative energy, and automotive industries.

That pain finally boiled over in the form of the trade complaint filed by the EU, U.S. and Japan last week.

II. Tough Talk

"We met at least a half a dozen times with the other countries that joined us. And I'm not talking about 'howdy dowdy' kind of meetings. These were three and four day-long sessions of going through legal issues," a U.S. official is quoted by Reuters as saying.  "Literally thousands of pages of Chinese language documents needed to be found, translated and analyzed."

Rare Earth miner
Fertile sands: a laborer moves earth at a Chinese company's Inner Mongolia rare earth metal mining facility [Image Source: Stringer Shanghai/Reuters]

U.S. Trade Representative Ron Kirk views this as a case of a fresh player not wanting to play by the rules.  He states:

In fact China adds a small fraction of value to such a product - as reflected in the final price - usually at the assembly stage. China's share is well below 10 percent.  Our businesses, as a general rule, really do believe, and maybe it's that American spirit, let me go compete in the global market and I'll accept that if (my friend) has got a better idea she wins and sometimes I'll win. But you've got to promise me that the deck's not going to be stacked.

I'm not saying you can't have state-owned enterprises. But how do we determine to give my businesses and competitors the sense that they truly are operating as independent market-driven entities?

Ironically the U.S. effort received a boost from a WTO loss to the EU in a complaint about subsidies the U.S. government paid to The Boeing Comp. (BA), a Seattle, Wash. based firm and top aircraft contractor.  The U.S. has an almost identical counter-complaint about EU subsidies to Airbus, a subsidiary of the European Aeronautic Defence and Space Company N.V. (ETR:EAD).

In the WTO complaint, judges set in place new guidelines.  Under these rules, if a nation refuses to reveal information on subsidies (as the U.S. did with Boeing) it will "draw negative inferences" -- assume the worse.  This could be a fatal policy for China who reportedly hasn't published information on any of its subsidy efforts in five years.

III. Is the U.S. Being Unfair?

But some say the U.S. and Europe are being unfair to China.  While China doesn't necessarily have the best environmental track record, expanding rare earth production could damage the Mongolian wilds, as well as put miners' lives at risk.  Also, there is some irony that the U.S. and European authorities are irate at China for playing skillful entrepeneur at driving a hard bargain when it comes to rare earth resources.

Jonathan Fenby, head of China research at Trusted Sources, says that China is a convenient whipping boy for American politicians, stating, "I think that in this electoral season (in France and the United States), China-bashing is on the rise. Hence the action.  China is an obvious easy candidate and it is interesting that in the U.S. the Republicans, normally free traders, have gone for China."

But he warns that the WTO complaints and tough rhetoric may backfire, commenting, "If China hits back, how important is the Chinese market to Western firms, and what is the impact on foreign companies that rely on China for assembly such as Apple?"

iPhone 4S
Pushing China too hard could backfire, particularly for U.S. companies like Apple who rely on the nation to produce their products. [Image Source: PocketLint] 

China isn't above such petty retaliation.  It recently sunk a $12B USD Airbus deal after the EU moved to enforce carbon taxes on it.  With the manufacturing futures of virtually every American devicemaker -- including Apple, Inc. (AAPL) -- on the line, Mr. Fenby argues that America may have more to lose than the Chinese.

Source: Reuters

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By SuckRaven on 3/20/2012 12:20:59 AM , Rating: 1
America is a sore loser when any country does something better, or for that matter any country that does something that we are not.

During the space race between the U.S. and the U.S.S.R., America got its panties all in a bunch, and was all wah wah wah..., just like a little baby. After all, how can these commie Soviets be good at anything? Isn't America the ONLY country on the planet?

Let's not forget that innumerable chemistry and physics discoveries were made by prominent Russian scientists.

Let's also not forget that many "American" scientific discoveries were in fact made by scientists that were neither born, nor educated in this country. A fact many people seem to conveniently forget.

Take a look, for instance, at most of the names of the physicists that worked on the Manhattan Project for example? See very many Joe Smiths or the like? A couple of Hungarian guys, Leo Szilard and Teller Ede, Enrico Fermi, and Italian, Niels Bohr, a Danish dood, just to name a few. Ahh yes, the good ol' brain-drain during post-war Europe.

And now, just like ever before, Amuricah is loosing it's cool over something 1) it cannot control (It's own appetite for cheaply made Chinese goods and tech-gadgets), and 2) China itself, and it's sovereign right to develop whatever-the-hell kind of mining operations they want, including the option not to sell those mined metals to anyone if they chose not to.

It's not China's fault that it saw the tech-gadget-crazed pig of America feeding at the trough, and decided to plan ahead, nor is it China's fault that America fell asleep at the wheel in the late 80's and early 90's when China was buying up rights to regions rich in these metals because it had the foresight to see the industrial need for these rare-earth metals.

Too bad, so sad. I'm sure America has rare earths, but it's hard to get them out of the ground with lazy-ass people not willing to work below a certain wage, and thus the economic in-feasibility of getting the infrastructure set up, especially since rare-earth mining operations take years, sometimes decades to come on-line to full capacity.

So we can either quit whining and get our heads out of our asses, and get crackin' on investing in our own domestic infrastructure for such things, or we need to shut the hell up.

I wonder...if we were in such dire need of rare-earth metals as we are addicted to foreign oil, would America have the balls to go to war with China over it? I dare say no.

RE: Hypocracy
By Joepublic2 on 3/20/2012 12:51:24 AM , Rating: 1
The difference is you can live on 50c an hour in china but can't in the US, dumbfuck. If the politicians in this country had any balls they'd just threaten to slap say a 50% import tariff on any Chinese made goods until they resumed shipments of rare earths to the states.

RE: Hypocracy
By Reclaimer77 on 3/20/2012 1:18:17 AM , Rating: 1
Great plan. Making just about everything we buy cost 50% more would totally rock for our economy.

p.s. extreme sarcasm

RE: Hypocracy
By Joepublic2 on 3/20/2012 1:53:37 PM , Rating: 2
Yeah, manufacturing everything in China has been working great at making ultra rich globalists richer at the expense of everybody else. You'd phase in a 50% tariff over say 5 years (or more if necessary depending on the logistics of a particular industry) to make it increasing unprofitable to manufacture in china and put the cash into a fund that's used to set subsidize relocating chinese manufacturing operations to the US.

RE: Hypocracy
By Rasputin814 on 3/20/2012 4:55:32 PM , Rating: 2
Um...They'll just move to vietnam or somewhere else. Manufacturing jobs are gone from this country for good. China will lose its hold on manufacturing as well as it slowly continues its development. Once all the cheap labor runs out, as in once the chain hits Africa, robotics take over.

RE: Hypocracy
By lightfoot on 3/20/2012 2:49:30 PM , Rating: 2
I'm generally strongly in favor of free trade, but not if the other side isn't playing by the same rules.

The proper response to the Rare Earth embargo is import and export taxes levied against China.

Or we can act like pussies and bring a complaint to the WTO and discuss the dispute.

As you can tell we are crying to mom and expect the WTO to punish China for us.

The presumption that we are more dependant on China than they are on us is ridiculous. Our economy is over three times the size of theirs. We will survive a trade dispute, they won't. And yes, you may have to cut back on your cheap Chinese-made plastic crap for a few months, but you'll survive.

"If you can find a PS3 anywhere in North America that's been on shelves for more than five minutes, I'll give you 1,200 bucks for it." -- SCEA President Jack Tretton

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