China Broadcasting Network, Hangzhou, August 18 (Reporter Chen Yuyan correspondent Wang Wenting) After more than a year of repeated investigations, the European Union recently officially ruled that the anti-dumping case against China's export of labor insurance shoes was absolutely won, and Zhejiang Sheraton Shoes Co., Ltd., located in zeguo town, Wenling, Zhejiang Province, as one of the respondents, achieved satisfactory results. Zhejiang Wenling Shoe-making Enterprise successfully concluded its first anti-dumping investigation.
In June last year, the European Commission issued a notice of filing a case in the Official Gazette of the European Union, and decided to formally start an anti-dumping investigation on labor insurance shoes imported from China under two tariff lines. Sheraton Shoes in Zhejiang Province was also involved in this case. If the investigation confirms anti-dumping, the loss of this enterprise will exceed 50 million yuan in five years.
Relevant departments in Wenling, Zhejiang Province attach great importance to the EU's anti-dumping response. In the same month, Wenling Foreign Trade Bureau, Wenling Industrial Economic Bureau and Wenling Shoes and Leather Industry Chamber of Commerce invited Beijing Cheng Jintian Law Firm to Wenling to provide anti-dumping training and on-site guidance for export enterprises, and organized 22 shoe enterprises to Wenzhou to attend the "Coordination Training Meeting on Dealing with EU Labor Shoes Anti-dumping" sponsored by the Ministry of Commerce, so as to keep abreast of various procedures and skills in dealing with anti-dumping. It was during this period that Sheraton Shoes began to respond to the lawsuit under the guidance of lawyers.
In summing up this case, the leaders of the Foreign Trade Bureau of Wenling City, Zhejiang Province believe that Sheraton Shoe's successful anti-dumping case has once again inspired Wenling entrepreneurs that enterprises are the main respondent, the government is the guarantee for winning the case, associations (chambers of commerce) are the bridge for responding to the case, and professional lawyers are the key to winning the case. It is the successful linkage of these four aspects that has achieved a rare "no-damage" successful case in China's anti-dumping history.
2. Zhejiang 13 Canning Enterprises to Deal with Anti-dumping
Zhejiang is a big producer of canned citrus, accounting for 80% of the country's output and 70% of the world's, and its export volume to the European Union ranks first among all provinces in China. Recently, the European Commission issued an announcement and decided to conduct an anti-dumping investigation on canned oranges originating in China. At present, Zhejiang 13 enterprises are actively communicating with lawyers and preparing to respond to the lawsuit.
Spain has launched another attack.
Zhejiang Market Herald reporter learned from the Provincial Department of Foreign Trade and Economic Cooperation that the anti-dumping investigation was filed by Spain, a big canned orange country, to the European Union for enforcement. In mid-September this year, the Spanish International Federation of Fruit and Vegetable Processing filed a complaint with the European Commission on behalf of the producers of 100% citrus fruits from Europe, accusing the citrus fruits imported from China of being dumped in Europe, causing substantial damage to the same industry. 10 10 On October 20th, the European Commission initiated anti-dumping proceedings against citrus fruits imported from China.
In fact, since April 2004, the EU has been implementing safeguard measures (tariff quotas) on imported canned oranges at the request of Spanish enterprises. During this period, if the export exceeds the limited quota, a specific tax of 30 1 euro per ton will be paid. Why is Spain always in trouble? Is this just a coincidence?
The data shows that the annual sales volume of canned citrus in the EU market is nearly 654.38+10,000 tons. This market was basically monopolized by Spain in the past. However, in recent years, with abundant high-quality raw materials and highly competitive labor resources, canned oranges from China have sprung up in the EU market, and the Spanish monopoly has disappeared. According to the statistics of China Customs, China's canned oranges exported to Europe last year were US$ 44,065,438+RMB 42.27 million, and this year it was US$ 39,892,093 from June to August. Zhejiang, Hunan, Fujian and Hubei are the main provinces for the production and export of canned citrus in China.
Zhejiang enterprises actively responded.
"We responded to the lawsuit, in addition to fighting for more than 2,000 tons of EU market share, we must also fight for counterparts from all countries." Wu Shuo, director of Huangyan No.1 Canning Factory.
Canned oranges are a veritable labor-intensive industry, with 2000 tons of products, involving the livelihood of three or four thousand workers. However, as the leader of the canned food industry in China, more than 2,000 tons of canned oranges only account for one tenth of the annual export volume of canned oranges in Huangyan Canning Factory. Without this tenth of the market, Huangyan Canned Factory 1 can still live well. However, as Director Wu said, it is reasonable to strive for it under the WTO framework, and we cannot withdraw from the EU market without knowing it.
At the same time, four lawyers from Beijing Guogang Law Firm hired by Zhejiang Giant Industry Co., Ltd. also came to Quzhou and began to prepare for the "giant" to respond to the EU anti-dumping of canned oranges. Zhang Julin, chairman of Zhejiang Giant Industry Co., Ltd. told the reporter, "Under the WTO framework, it is duty-bound to deal with international anti-dumping litigation, which is also an important opportunity for private enterprises in China to participate in international competition and become bigger and stronger."
The relevant person in charge of the Import and Export Fair Trade Bureau of the Provincial Department of Foreign Trade and Economic Cooperation said that there are two countermeasures to deal with anti-dumping investigations. One is that industry organizations put forward defense opinions, and the other is that enterprises actively respond to lawsuits. At present, the China Chamber of Commerce for Import and Export of Food, Livestock and Animals has accepted the entrustment and intends to file a defense. However, "there are some successful cases of industry defense, but not too many." After the enterprise responds to the lawsuit, there are winners and losers. But if you want to keep the EU market, the only way out is to answer the lawsuit. Once the lawsuit is successful, the tariff can be greatly reduced; If you don't respond to the lawsuit, the highest tariff rate (which may reach several hundred percent) will definitely fall on you. "
3. Huafeng spandex Co., Ltd..
1June 13, the share price of huafeng spandex, a Wenzhou listed company, suddenly reversed its decline, stopped falling and rebounded to close at 9.78 yuan, up 4.7 1% from the previous day. On this day, Pan Ji, deputy general manager of Huafeng spandex Co., Ltd., was informed that the Ministry of Commerce made a final anti-dumping ruling on imported spandex originating in Japan, Singapore, South Korea, Taiwan Province Province of China and the United States, and imposed anti-dumping duties ranging from 0% to 6 1% from now on for a period of five years.
The anti-dumping lawsuit initiated by Zhejiang Huafeng spandex, Shaoxing Longshan spandex and Shandong Yantai spandex, which lasted for two and a half years, finally ended with our victory, and Chinese mainland spandex enterprises won a valuable five-year "protection period".
Start preparing for anti-dumping when you make money.
Spandex, a kind of synthetic elastic fiber, is mainly used in high-end casual wear, swimsuit, sportswear, sweaters, underwear, socks, medical bandages and other fields.
As a high-grade textile basic material, the price of spandex was once "high": 1 ton of ordinary spandex was as high as more than 200,000 yuan. China's spandex industry started late, and many products were industrialized less than 10 years. However, foreign industries are saturated and eager to expand outward. After 200 1, with the sharp increase of domestic spandex market demand, the import volume began to increase sharply.
According to the data, in 200 1 year, the imported spandex was less than10.6 million tons, which increased to nearly 36 thousand tons in 2004; The price of products also decreased from 6427 USD/ton in 2006 and 5438+0 to 55 13 USD/ton in 2004.
However, in 2003, most enterprises in the industry did not realize the crisis. At that time, the profit of producing a ton of spandex could reach 6.5438+0.5 million yuan, and many enterprises were increasing investment and new projects.
At an industry conference in the second half of 2003, an enterprise representative raised the issue of anti-dumping of spandex. The representative is Li Bin, general manager of Shaoxing Longshan spandex Co., Ltd.
"I have participated in the anti-dumping work of polyester and polyester chips. I know that it takes one year from filing an investigation to accepting an anti-dumping lawsuit, another year from accepting it to making a preliminary ruling, and another six months to make a final ruling. " Li Bin recalled, "Although the industry was still in the golden age at that time, the trend of rapid decline in profits was already visible, and it was necessary to advance in order to win the initiative."
Li Bin's idea coincides with that of China Chemical Fiber Industry Association. Because the association has been tracking the import and export situation of key industries before and has mastered some evidence, soon, the industry association took the lead in organizing relevant materials, and the anti-dumping of spandex was officially put on the agenda.
As Li Bin expected, in 2004, due to the huge impact of imported spandex, the price and profit of spandex fell again and again, and it was almost unprofitable. In 2005, the spandex industry as a whole entered a trough. On April 13, 2005, the Ministry of Commerce officially put on file an investigation.
"Why did you think of anti-dumping after the days passed? As long as it is damaged, we can use rules to shorten the painful time. " This is the experience summed up by Li Bin.
There is a lot of knowledge about how to protect industrial safety.
It is understood that the investment scale of spandex industry in China has reached more than 20 billion yuan. This timely victory has protected the industrial safety of the spandex industry in China, which is still in its infancy, and has a demonstration effect on other industries.
"Wenzhou enterprises often suffer from foreign anti-dumping. This is the first time we have won foreign anti-dumping. " Pan Ji proudly said, "Anti-dumping is a frequently used means in international trade, and we should also make good use of it to safeguard the legitimate rights and interests of enterprises and industries."
"In this case, China Chemical Fiber Industry Association has played a great role," said Lawyer He of Beijing Boheng Law Firm, who represented the anti-dumping case. "In anti-dumping cases, domestic enterprises are often competitors. If the enterprise organizes itself, it is likely to break up because of the cost and who dominates it. There are also some companies that feel that there are many things and procedures and are unwilling to take responsibility. If others win, they will hitchhike. The Chemical Fiber Association not only organizes and coordinates well within the enterprise, but also reflects the situation to the Ministry of Commerce as a collective, which is undoubtedly more weighty. "
Lawyer He of Boheng said that South Korea, as an export-oriented country, had suffered anti-dumping bombing from Europe and America before China, and they were very experienced in responding to lawsuits. Therefore, the anti-dumping duties imposed on Korean enterprises responding to the lawsuit are relatively low. This also reminds our enterprises that whether they initiate anti-dumping or respond to anti-dumping, they must be proficient in international rules and actively safeguard their own rights and interests.
4. Zhejiang Kane Special Materials Co., Ltd..
On March 3rd, 2006, Zhejiang Kaien Special Materials Co., Ltd. (hereinafter referred to as "the company") filed an application for anti-dumping investigation with the Ministry of Commerce on behalf of the domestic electrolytic capacitor paper industry, requesting an anti-dumping investigation on imported electrolytic capacitor paper originating in Japan. The Ministry of Commerce has decided to initiate an anti-dumping investigation on imported electrolytic capacitor paper originating in Japan from April 18, 2006 (for details, please refer to the article published in china securities journal on April 19).
On June 65438+1October 65438+1October 9, 2006, the Ministry of Commerce issued Announcement No.80 of 2006, announcing the preliminary ruling on the anti-dumping case of electrolytic capacitor paper, and finding that the imported electrolytic capacitor paper originating in Japan was dumped, which caused damage to related industries in China (for details, please refer to china securities journal, shanghai securities news and 2006). According to the preliminary ruling, since 20061October 20th 10, when importing electrolytic capacitor paper originating in Japan, the importer shall provide the corresponding deposit to the customs of People's Republic of China (PRC) and China according to the dumping margin (15%-40.83%) determined by the preliminary ruling.
On April 17, 2007, the Ministry of Commerce issued Announcement No.30 of 2007, making a final ruling on the anti-dumping investigation of imported electrolytic capacitor paper, ruling that the imported electrolytic capacitor paper originating in Japan was dumped, which caused substantial damage to China's electrolytic capacitor paper industry.
Electrolytic capacitor paper is the company's leading product and main source of profit. In 2004 and 2005, the sales revenue of electrolytic capacitor paper accounted for 80.0 1% and 62.23% of the company's main business income respectively. Due to the dumping of imported electrolytic capacitor paper, the profitability of electrolytic capacitor paper decreased year by year, which seriously affected the company's operating performance. In 2006, the sales revenue of electrolytic capacitor paper was 65438+. The final ruling of the Ministry of Commerce will be beneficial to the market development of the company's leading product electrolytic capacitor paper and the company's long-term development.
The relevant matters finally decided by the Ministry of Commerce are hereby announced as follows:
First, the final ruling
After investigation, the Ministry of Commerce finally ruled that the imported electrolytic capacitor paper originating in Japan was dumped, and the electrolytic capacitor paper industry in China suffered substantial damage, and there was a causal relationship between dumping and substantial damage.
Two. Impose anti-dumping duties
According to the relevant provisions of the Anti-dumping Regulations of the People's Republic of China, the State Council Customs Tariff Commission decided to impose anti-dumping duties on imported electrolytic capacitor paper originating in Japan from April 18, 2007.
The product subject to anti-dumping duty is electrolytic capacitor paper (not impregnated or coated with electrolyte), also known as electrolytic capacitor base paper; English name: paper for electrolytic capacitors. People's Republic of China (PRC) import and export tariff: 48059 1 10.
Electrolytic capacitor paper is a kind of special paper, and its weight per square meter is 150g or less. It is usually used as the basic material for absorbing electrolyte in electrolytic capacitors, and forms the cathode of electrolytic capacitors together with electrolyte.
The anti-dumping duties levied on the company are as follows:
1, Japan products co., ltd. 22%
2. Dafu Synthetic Co., Ltd.) 15%%
3. All others 40.83%
Three. Methods of levying anti-dumping duties
Since April 18, 2007, importers should pay corresponding anti-dumping duties to People's Republic of China (PRC) and China Customs when importing electrolytic capacitor paper originating in Japan. Anti-dumping duties are levied according to the duty-paid price of ad valorem approved by the customs. The calculation formula is: anti-dumping duty = duty-paid price approved by the customs × anti-dumping tax rate. Value-added tax on import links shall be levied as taxable value ad valorem according to the duty-paid price approved by the customs, plus customs duties and anti-dumping duties.
Four. Retroactive imposition of anti-dumping duties
From June 20th, 2006 to October 20th, 2006 10, until the date of the announcement of this decision, the deposit provided by the relevant import operators to People's Republic of China (PRC) and China Customs according to the preliminary ruling shall be levied and converted into anti-dumping duties according to the scope of goods subject to anti-dumping duties and the anti-dumping duty rate determined by the final ruling, and the import value-added tax shall be levied according to the corresponding value-added tax rate. During this period, the customs will refund the deposit provided by the relevant import operators that exceeds the anti-dumping duty and the corresponding import value-added tax, and the insufficient part will not be collected.
Before the announcement of the decision to implement temporary anti-dumping measures, anti-dumping duties will not be levied retroactively on imported electrolytic capacitor paper originating in Japan.
Verb (abbreviation of verb) Time limit for levying anti-dumping duties
Anti-dumping duties are imposed on imported electrolytic capacitor paper originating in Japan, and the implementation period is 5 years from April 18, 2007.
Vi. Examination of new exporters
For the new exporters who fail to export the products under investigation to People's Republic of China (PRC) in the above-mentioned countries within the investigation period, if they meet the requirements, they may apply in writing to the Ministry of Commerce for re-examination according to the provisions of Article 47 of the Anti-dumping Regulations of the People's Republic of China.
Seven. Midterm review
During the period of levying anti-dumping duties, relevant interested parties may apply in writing to the Ministry of Commerce for an interim review in accordance with the provisions of Article 49 of the Anti-dumping Regulations of the People's Republic of China.
Eight. Administrative reconsideration and administrative litigation
If he is not satisfied with the final decision of this case and the decision to levy anti-dumping duties, he may apply for administrative reconsideration or bring a lawsuit to the people's court according to the provisions of Article 53 of the Anti-dumping Regulations of the People's Republic of China.
It is hereby announced.
Board of Directors of Zhejiang Kaien Special Materials Co., Ltd.
April 2007
5. Zhejiang Sunshine Group Co., Ltd..
The European Union initiated an anti-dumping investigation against our company in June 2000, and informed our company on August 8, 2000 that our company was deprived of market economy status due to national project subsidies and other reasons. This matter was published in shanghai securities news on August 12, 2000. After more than half a year's active response to the lawsuit, the EU has made a preliminary ruling to impose a punitive tariff of 35.4% on the EU importers of the integrated electronic energy-saving lamps produced by the company, which will make it extremely difficult for the products to be exported to the EU. In 2000, the sales revenue of integrated electronic energy-saving lamps produced by our company exported to the EU market accounted for about 65,438+00% of our total sales revenue. This ruling may have an impact on our company's profit in 2006, 5438+0. At present, the company is actively organizing forces to defend, and the official ruling of the European Union will be announced in August 20001year. -February 27, 2006 5438+0
6. Hangzhou Baojing Biochemical Co., Ltd..
Hangzhou Baojing Biochemical Co., Ltd. was established in 2000 and began to export in 2003. The sales volume and export volume of tartaric acid account for one third of domestic products. In the face of the formal anti-dumping investigation on tartaric acid in China by the European Union in June 5438+ 10, 2004, Baojing Company fully responded. On June 5438+ 10, 2006, the European Union announced the final ruling of the anti-dumping case against China tartaric acid, and Baojing Company obtained the only zero-tax treatment in China. Looking back on the course of anti-dumping, Baojing Company has taken the following six positive actions, which are also of reference significance for other enterprises in China to deal with anti-dumping. First, in the face of anti-dumping prosecution, the enterprises involved should make a firm decision to respond to the lawsuit; Second, enterprises should have standardized financial management; Third, experienced senior lawyers must be hired to represent the respondent; Fourth, enterprises should rely on the three forces of the state, local governments and industry intermediary organizations to start to contact the government, and responding to lawsuits must be directly faced by enterprises; Fifth, manage foreign trade scientifically to avoid dumping caused by competition of export products; Sixth, we should mobilize importers to actively "lobby" the organizations and governments of importing countries on anti-dumping arbitration and strengthen communication.