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China's "small screw" wins anti-dumping, exports to the EU decreased by $1 billion
China fastener suffered unfair treatment of EU for nearly ten years. After eight years of transnational litigation, China has finally come back with a "small screw".
Geneva time on January 18, 2016, the WTO (WTO) fasteners dispute anti dumping measures (DS397) v. appellate execution once again ruled that the EU has to China products to maintain the anti-dumping measures in violation of WTO rules. Although China won the case, the EU anti-dumping directly affected China's export of nearly 1 billion U. s.dollars, some Chinese enterprises have been forced to withdraw from the EU market.
Participate in the litigation Allbright lawyer Fu Donghui told the "daily economic news" reporter said, "the lawsuit contains 6 items, a total of 25 items, in addition to the two items pending, we won all the remaining issues. It is the first time that China has won such a big victory in the trade litigation. This is also the first time China initiated the implementation of the lawsuit, but also for the first time as a plaintiff to complete the WTO dispute case of complete litigation and enforcement procedures."
Eight years appeal Road: "we are to ask for an argument.""
A fastener is a kind of mechanical part, such as bolts, studs, and so on, which is used to fasten two or more components together to form a whole, which is called "industrial rice" (two).
Since 2007, the European Union has taken anti-dumping measures against China's European fasteners and denied all the market economic status of Chinese fastener enterprises. Since January 30, 2009, the EU has imposed anti-dumping duties of up to 85% on the products of iron and steel fasteners imported from China, with an average anti-dumping duty rate of 77.5%.
Ningbo Jinding fastener company general manager Ji Aiqun told the "daily economic news" reporter, "our company is purely private enterprises, China's fastener industry is also a fully competitive industry.". The European Union imposed anti-dumping duties on us, and the company lost nearly 10 million yuan between 2009 and 2011. We're looking for the European Union for an argument."
Since the EU has not yet recognized the status of China's market economy, in anti-dumping investigations, the dumping margin is determined not by the actual cost of China, but also by the choice of similar commodity prices in a third country or an importing country. In the original investigation in 2007, the European Commission investigation organization adopted the product sales price of the India auto fastener enterprises as an alternative price.
China general machine components industry association fasteners branch chairman Feng Jinyao told reporters: "China's exports to the EU are mostly ordinary fasteners, India automotive fasteners price as a contrast, obviously not similar products, grades are also different. The European Commission is abusing the WTO for cost rules."
In July 2009, China's fastener industry requested the Ministry of Commerce to take the EU fasteners case anti-dumping measures to appeal to the WTO dispute mechanism. In this case, China has sued the EU for the first time in 30 years since the EU adopted China as a surrogate country for discriminatory anti-dumping activities, and for the first time, it sued the EU for illegal abuse of WTO.
After quoting Chinese enterprises, in October 10, 2012, the EU finally admitted in India and the use of alternative alternative price price and export price Chinese when comparing the existence of illegal practices, and was forced to correct some mistakes.
However, Chinese enterprises to not only the original dense willow trees and bright flowers ", the EU average anti-dumping tax rate decreased from 77.5% to 54.1%, still refuses to correct illegal practices of the rest. Wang Guiqing, vice president of the China Chamber of Commerce for the import and export of mechanical and electrical products, said that the anti-dumping measures had not been completely abolished, and that such tax rates still prevented Chinese products from entering the EU market.
In October 2013, China filed a lawsuit against the WTO again, demanding that the European Union thoroughly correct all violations of the fastener case. After a court debate in Geneva, the executive panel ruled in May 2015 that there were still some irregularities in the European commission.
In the meantime, the European Commission did not let go, but in March 27, 2015 promulgated the sunset review of the final ruling, announced to Chinese 54.1% levy anti-dumping duties, and maintain for 5 years. "The unusual move by the European Union shocked China's fastener industry. The fastener industry in China must accept this challenge. We decided to file an action against enforcement." Wang Guiqing says.
This is China's accession to the WTO, the implementation of the WTO dispute against other members of the measures proposed for the first time the implementation of the lawsuit. After the European Union and China appealed to the Appellate Body for the implementation of the appeal, after 131 days, China's fastener industry finally won a full victory.
Behind the win: some enterprises have withdrawn from the EU market
Recalling the road to litigation in the past eight years, some countries have so far failed to recognize China's market economy status, making it more difficult to deal with trade litigation. Feng Jinyao told the "daily economic news" reporter said: "when the alternative country enterprise, is completely confidential to us, the person to choose which country or enterprise, even choose which types of products, we do not know."
In accordance with the agreement signed by China in its accession to the WTO in 2001, the term of application of the "surrogate country" is 15 years, and will be invalid in December 11, 2016. That is to say, in accordance with the agreement, China is expected to gain market economic status at the end of this year.
Xinhua News Agency reported on January 14th, the European Commission on 13 this month to postpone the decision to recognize the status of China's market economy, said it will give formal views in the second half of this year for Member States to discuss the adoption.
Fu Donghui, the daily economic news reporter, said: "this fastener case won, to break the EU Substitution country system has an exemplary effect, the next step to determine the status of China's market economy also has positive significance."
The win, the Chinese fastener enterprises
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