Chinese enterprises still need to pass the special

2022-08-14
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Chinese enterprises still have to pass the "special protection" barrier for nearly four years. The anti-dumping and countervailing duty cases of Chinese enterprises in the United States have declared their first victory

Recently, the U.S. Court of international trade ruled in the case of China Hebei Xingmao company and Tianjin United tire and rubber company v. the U.S. Department of Commerce: the United States failed to reasonably solve the problem of imposing anti-dumping duties and countervailing duties on Chinese tires at the same time, and the countervailing judgment should be revoked

the two Chinese tire companies that won the lawsuit maintained a low-key response. The first time I contacted Hebei Xingmao company, director Zhang of the company's office refused the interview on the ground that "the leaders are in other places, and there is no relevant person in charge now"; The relevant person in charge of Tianjin United tire company said in an interview with this newspaper: "this case is not over yet, and the U.S. Department of commerce is likely to appeal. Now we can only wait, and it is not convenient to comment at present."

Li Yu, a lawyer at Winston law firm, said, "the US Department of commerce must terminate the countervailing tax on the enterprises involved in the case within 30 days, and the ruling may be appealed to the Federal District Circuit Court of appeals. The final result of this case will wait until the court of second instance, which will take about one year."

Yao Jian, spokesman of the Ministry of Commerce of China, said at a regular press conference on August 17 that the US "double anti" investigation into China is a discriminatory measure against Chinese enterprises, and it is unreasonable for the US Department of Commerce to continue to carry out "double anti" investigations into Chinese tire exports under the circumstances clearly stipulated by the law

however, this "unreasonable" measure has been implemented for Chinese enterprises for four years. After learning the news of winning the lawsuit, not only Hebei Xingmao company and Tianjin United tire and rubber company performed low-key, but most tire enterprises also said that they were deeply affected by the "double anti" case and were difficult to recover their export "lost land" in the short term

in addition, Chinese tire enterprises must continue to face the "special guarantee" barrier set by the U.S. government

last September, US President Barack Obama announced a three-year punitive tariff on Chinese imported tires on the grounds of "protecting employment", which is the first time that the United States has applied the "special safeguard clause" (i.e. transitional safeguard measures for specific products) to impose punitive tariffs on Chinese products since the United States supported China's entry into the WTO in 2001

on the morning of August 22, Wang Guomei, deputy general manager and Minister of foreign affairs of Shandong Linglong group, said in an interview with this newspaper that the United States Department of Commerce's simultaneous imposition of anti-dumping duties and countervailing duties on Chinese tires constituted a double taxation, and the United States Court of International trade should not only impose "tariffs" on these two enterprises; Some securities traders believe that the ruling should also be made by relevant Chinese enterprises

it is learned that the United States' special tire insurance policy implements "different tax rates for different manufacturers". The ruling of the U.S. International Trade Court on the two Chinese enterprises this time does not have reference value for other tire enterprises. If other Chinese enterprises want the same tax rate, they need to reapply and file a lawsuit with Americans. This means that the punitive tax rate of non respondent enterprises is still 210.48%

"as we all know, lawyers' fees are a large expenditure in litigation in the United States, and it takes quite a long time, which not all enterprises can afford." Wangguomei expressed to

The case of Xingmao company is a typical example. Hebei XingMao Tire Co., Ltd., the predecessor of Hebei XingMao Tire Co., Ltd., is the largest tire manufacturer in Hebei Province. In 2003, its "whale" brand tires were approved by the General Administration of quality supervision, inspection and quarantine to use the "mark of origin" certificate. Its products are exported to North America, South America, Africa, the Middle East and other more than 40 countries and regions in the world, with an annual export volume of more than US $15million. However, a judgment issued by the Ministry of Commerce in 2007 had a significant impact on Xingmao enterprises, and the company even stopped production for a time

data show that in 2008, the company exported 367 batches of 339242 tires to the United States, with a value of $28.658 million. Affected by the anti-dumping case of construction sealant jc/t 884 (2) 001 for color coated steel plate, from January to September 2009, the company exported only 37 batches, 10271 pieces, with a value of $1.138 million. The number and value of batches, gaskets added between the oil collector and the pump body decreased by 89.9%, 97% and 96% year-on-year respectively

not only Hebei Xingmao, but also the number of tire enterprises' exports to the United States has decreased. According to Chinese customs statistics, from January to April 2010, 40.0427 million new pneumatic rubber tires for motor passenger cars were exported, with a year-on-year increase of 2. The cost was significantly inferior to the stock capacity by 8%. The proportion exported to the United States accounted for 22.87%, while the proportion exported to the United States in the same period of 2009 was 39%. The proportion of exports to the United States decreased by 16.13%. In addition, the number of new pneumatic rubber tires exported to the United States in April was 2.553 million, a month on month decrease of 9.2%

in the face of high punitive tariffs, most tire enterprises hope that the government can increase the export tax rebate rate of some products with independent brands and reduce the tariff of natural rubber to reduce the cost of tire enterprises. Some enterprises are actively exploring diversified markets to avoid market risks

"China's tire export enterprises need to adjust the product structure in time, but also develop diversified markets and get rid of the constraints of specific markets." Bing Liangguang, general manager of Shuangxing tire, said that last year, Shuangxing tire increased its investment in South America, Africa, Southeast Asia and Eastern Europe. In the first half of 2010, the export volume of double star tires increased by 96% over the same period last year

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