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Industry News   Your location: Home > Industry News
China in the WTO to win EU "screw war"
Update Time:2013-06-24 View :12064

World Trade Organization (WTO) on Friday ruled that the EU against Chinese screws, nuts, bolts and other metal fasteners anti-dumping measures in violation of WTO regulations, ruling in favor of China. The ruling is China so far obtained in the WTO legal greatest triumphs, will also sued other Chinese products responding to anti-dumping positive impact.

WTO ruling

"Separate rate" inconsistent with WTO rules

European Union and the United States repeated use of the WTO allows countries to be dumping duties on dumped implementing rules, which makes China's foreign trade enterprises "very hurt." EU's position is that because China is not really a market economy, the EU reserves the right to other countries based on statistics calculated.

China around 2008 began to fight back, the EU and the U.S. tariffs on their exports increased systemic approach presents challenges, and began hired an experienced trade lawyers respondent.

After a year of trial, China and the EU under the WTO framework of the first lawsuits in China favor ended. December 3, WTO panel issued a report explicitly ruled that the European Union on Chinese steel fasteners anti-dumping measures taken in violation of the WTO rules, the group also believes that the EU "anti-dumping basic regulations" relevant "separate rate" requirement does not line with WTO rules.

Since China is the EU classified as "non-market economy country" and therefore the EU's anti-dumping investigation officers are permitted select similar products in other countries, with its access to financial subsidies in the absence of the prices of products under the premise to measure the Chinese production costs. China's main point is that the EU is determined that China was selected when the screw costs in India and the EU's own production costs as compared screw, which for Chinese enterprises is very unfair.

World Trade Organization on Friday accepted the request of China recognized the Chinese point of view, according to the European Union on Chinese goods if the price lower than the domestic cost of dumping calculated properly.

Commerce Department position

Long-term unfair treatment must be changed

Commerce Department of Treaty and Law Department is responsible for ruling on the welcome and said that a long time, the EU has been urging Chinese export enterprises in the anti-dumping suits to prove compliance with the EU's so-called "separate rate" requirement, the anti-dumping on Chinese companies a heavy burden and unfair treatment. WTO Panel ruling made it clear that the EU anti-dumping legislation and practice is discriminatory, in violation of the relevant rules of the WTO.

The official said that the Chinese side urges the EU to respect the WTO ruling as soon as possible to cancel legislation inconsistent with WTO rules and discriminatory practices, fair treatment of Chinese export enterprises, maintain normal trade activities EU.

This is the Chinese international trade litigation in the WTO on the EU's first victory. Legal experts said the Chinese victory shows that China's top lawyer in the employment of foreign import tariff proceedings deal made effective. The WTO ruled that this is not only up to 394 of China's victory was announced, will also allow the EU and the United States imposed anti-dumping duties on China are becoming more difficult.

However, the EU spokesman Clancy said, this is only a temporary result, because the European Union or China can appeal. According to the procedure, the panel report was released after 60 days, the two sides decided whether to appeal. If the appeal fails, then the EU will have to change on China-related tariffs on imported products.

Enterprise Status

Sanctions decimated whole industry involvement

China is the world's largest screws, nuts, bolts producing countries, the EU is the largest market of these producers. Therefore, the EU's anti-dumping measures on China's fastener industry a big impact. According to statistics, in 2008 China's exports of fasteners 2.7 million tons, to maintain double-digit growth for five consecutive years, but in 2009 the EU punitive tariffs led to industry-wide exports fell 43%. Coupled to dumping measures at foreign manufacturers stepped up to seize the Chinese domestic market, fastener manufacturing industry currently has 13 enterprises have been discontinued, 13 enterprises in a semi-shutdown state.

In Zhejiang, the anti-dumping sanctions from the European Union as a fastener production base in Haiyan fastener industrial strength has been greatly hurt last year, total exports could only half the previous year.

Headquartered in Jiashan County, Jin billion industry, is the largest domestic fastener industry leading enterprises and listed companies. Gem Industries Vice President and Secretary of the Board Tu Zhiqing said, "This is our first time in 10 years put into operation trough. 2009 our common fastener products export orders fell by 52%, even if there are orders, basically also at a loss, the operating rate less than 50%. "

For the anti-dumping ruling, Haitong Securities believes that Jin billion industry develop pioneering automotive fasteners in 2010 reached 5 years, according to the international automotive fasteners pioneering law, is in the break period, the second fasteners to the EU anti-dumping Once the decision was formally established, will Jin billion industry in 2010 and subsequent years continued to develop automotive fasteners significance of this high-end products.

Ningbo Jinding Fastening Piece Fastener Co., Ltd. is China's top ten export enterprises, the company protracted manager, said: "such a high tax levy, the advantage of Chinese products is gone." EU raise taxes ago, the company exports to the EU fastener products in 2008 reached $ 72.5 million. Since the tax increase, the company's fastener exports to the EU basically zero. "Other companies are also exported to the EU are the same, basically exports to the EU lines are broken."

Heard the news of China's successful manager of euphoria after protracted because of the EU's business accounted for a dominant company's business. EU raise taxes, they have to turn to domestic demand as well as to develop the U.S. market. But if the EU to cancel the high tariffs, they hand the EU tourists can come back.

Expert advice

Chinese enterprises should learn to match wits

In recent years, the United States, the EU repeatedly on Chinese steel grating, shoes, fasteners, textiles and other major export products to make anti-dumping investigation, China has become the biggest barriers to international trade "victim."

According to WTO statistics caliber, in 2010 from January to October of China and the U.S. trade remedy investigations initiated 4 cases, 2 cases in which anti-dumping, countervailing two onwards, respectively, for I lost diamonds pipes and aluminum extrusion products, U.S. statistics involved total amount of $ 729 million. In addition, within the United States industry has brought to me multilayer wood flooring for anti-dumping and countervailing duty investigations, the U.S. Commerce Department was filed on November 10 to make a decision. Meanwhile, in 2010 the first 10 months the EU has for me 10 trade remedy investigations initiated over the year 2009 the number of cases initiated by the European Union for me, involving an amount of approximately $ 4.74 billion for the year 2009, 5.5 times the amount of money involved.

Chinese Academy of Social Sciences, predicted from the commodity perspective, countries initiated anti-dumping investigations are mainly concentrated in the steel, textiles, auto parts, light industrial products and other goods.

Adfaith management consulting partner Dr. Li Peien think, in essence, the relative competitive advantage of Chinese products and the annual foreign trade giant "scissors" is very difficult to make foreign accept. Especially in labor-intensive industries, rapid growth of China's exports will certainly cause panic in other countries. In order to protect domestic industries and employment rates, WTO and other member states under the framework of the WTO agreement is bound to take appropriate protective measures, and the anti-dumping proceedings is one of the means used.

The "Made in China" Although over the world, but offers almost all low-end products, Chinese enterprises in brand building, channel construction deficiencies, making China the output of the low-end products abroad more easily become the target of anti-dumping.

Li Peien that trade protection whirlpool living in China's foreign trade situation is particularly acute in the face of these established rules of the game, Chinese enterprises should learn to match wits. "Enterprise and industry associations should be more proactive raised above, and push the government to help businesses cope with anti-dumping cases."

China University of Political Science Professor of International Law Xuanzeng Yi said: "China's first complaint to the WTO against the EU indicates that China in the use of WTO rules to protect their business interests has taken an exploratory step, members of the WTO, should be carefully specifically study of the principles and provisions of the WTO, so that it can better skilled use of rules to protect business interests. "

News Background

"Screw war" long

Fasteners, also known as standard parts. Is a combination of two or more parts (or components) as a whole when fastening used the general term for a class of mechanical parts, it is the most widely used machine parts. Including bolts, screws, screws, nuts and other products. Therefore, the anti-dumping disputes have been aptly called "screw war." Currently, China's fastener production ranked first in the world.

According to CISA statistics, this year the world suffer from the United States, the European Union, represented by the national and regional anti-dumping countervailing industry? Smoked bear the brunt of the steel industry, involving an amount representing all sectors experienced double reverse for 60% of the total amount, of which China has occupied the 40%. China from 2006 to 2008 for three consecutive years is the world's largest number of countries exporting steel.

Central Fasteners dispute began in November 2007, the European Commission decided, on steel fasteners originating in China initiated anti-dumping investigations. After nearly a year and a half of investigation, 31 January 2009, the European Commission announced that, on screws and bolts from China to levy the maximum rate of 85% anti-dumping duty, imposed for a period of five years.

July 31, 2009, the Chinese side on the case to initiate WTO dispute settlement mechanism under the request for consultations, but failed to reach an agreement.

October 12, 2009, China set up expert groups filed a request to officially launch the WTO dispute settlement panel proceedings, the same year on December 9, WTO panel was established.

August 10, 2010, WTO dispute settlement panel had complaints against Chinese fasteners anti-dumping measures the EU Dispute publish interim reports, a preliminary ruling against non-market economy countries, the EU corporate censorship and separate rates applicable in the present case violation of WTO rules.

December 3, 2010, WTO panel issued a report explicitly ruled that the European Union on Chinese steel fasteners anti-dumping measures taken in violation of the WTO rules, the EU "anti-dumping basic regulations" relevant "separate rate" does not comply with the provisions of the WTO rules.


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