Monday, January 3, 2011

China Enterprise head against trade barriers

In 2010 is about the past, the Chinese Ministry of Commerce summary of a set of data worth warning: 2010-1-October the EU's trade remedies investigations surge in the number and amount, top 10 months the EU has launched 10 on China trade remedy investigations, over the whole year 2009, the EU launched the number of cases in China; the amount involved is about 47.4 billion for 2009 Annual 5.5 times amounts of money involved.

From the Commerce Department stated that, since the end of October this year, the European Commission in China in final cut aluminum alloy wheels, a levy sodium gluconate 5 years 22.3% and 53.2% anti-dumping duty, in the preliminary in China coated paper, melamine charge for a period of six months of the provisional anti-dumping duties in the anti-dumping investigation on sunset review, polyester chips remain taxable. In addition, the EU also China stainless steel fasteners, wire rope to launch anti-dumping investigation, sunset review called for EU industry to China in the stainless steel plate, hot rolled steel coil launch anti-dumping investigation.

Statistics, as of 2009, China continuous 15 years to become the world's anti-dumping investigations than any other country. Relative to the so-called "double-reverse" of anti-dumping, anti-subsidy investigation, is not well known outside of 337 investigation since the beginning of the year became its "power". This year, this is referred to as the "most serious" trade restrictions of section 337 investigation increasingly frequent eyeing China enterprises. Earlier, in July this year, the United States International Trade Commission initiated this investigation in five cases involving enterprises in China, accounting for 55.6% of the total number of cases. China has become the United States "the strongest" trade restrictions, the maximum of the injured State.

According to the Ministry of Commerce recently published trade alerts, US Department of Commerce announced on 23 November to strengthen trade relief law enforcement policy announcements, for anti-dumping in non-market economy country alternative state value, such as the selected alternative countries for the import statistics do not include international shipping charges, commissions and working time in foreign countries, the US Department of Commerce will determine the normal value increase these costs in the process, this means that the beauty of the investigating authorities may be involved enterprises calculate a higher dumping margin. This policy is subject to the "made in China" faced a more difficult situation of trade friction.

The industry is of the view that, if the "double-reverse" investigation improves "made in China" enter foreign entry, then the United States to China's exports of large quantities of 337 investigation, is directly to the "made in China" to the United States completely blocked the road. Worrying is that in these cases, the China enterprise is better than abortion. In 1986-2008 United States China initiated 337 investigations, has closed a total of 80. 13 onwards to reconciliation means closed, representing more than 16.3%; withdrawal of the complaint, as well as the applicable limited party exclusion order 8, respectively, accounted for more than 10% each, and the rest is lost. Section 337 investigation has become China's Enterprise unbearable pain.

As a crack, Department of Commerce has launched a "patent alert" digital model system, prior to being investigated a series of corporate litigation costs, and other intellectual property risks, for Chinese enterprises to open up overseas markets, provide reference against trade barriers and alerts.

Compared with the serious situation of latest victory counterattack from 3 December, the WTO Panel on "China v. EU fasteners anti-dumping measures case" publishing awards report. The group expressly ruled that the EU anti-dumping basic Ordinance relating to "the provisions of the separate tax rate" does not comply with WTO rules, it also found that the EU's carbon steel fasteners of anti-dumping measures are also taken in violation of WTO rules.

In the previous 15 November, the United States Department of Commerce on anti-dumping concentrated Apple juice in the case of sunset review of the Federal Register on announcements announcing the end of China's export industry concentrated Apple juice out 10 years of anti-dumping duty orders and the anti-dumping investigation started in 11 years ago.

From fasteners to Apple juice, the cross road of unbroken, every victory is in conformity with the previously established. On the one hand, the United States and China actively to promote their dialogue as soon as possible to recognize China's market economy status; on the other hand, the "starts with me", by product and industrial upgrading, producing more technical content and added-value products in litigation to make better use of WTO rules to protect their own interests.

EU fasteners in favour of the anti-dumping measures, is China in the WTO international trade litigation on the EU's first victory, EU officials of the WTO's decision described as "the EU's major failure". Experts say that China's victory represents the Chinese in hiring top lawyers deal with the overseas import tariffs have validity in action, and the WTO which copies of the ruling not only 394 page announced that China's victory, will allow the European Union and the United States in the imposition of anti-dumping duties on China becomes more difficult.

In the face of the upcoming 2011, foreign trade "fighting" intense unable to predict accurately, but it is foreseeable that this winter, Chinese enterprises against trade barriers attitude remains quite tall.

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