On August 7, the lawsuit filed by the United States, the European Union and Japan over my country’s w88 casino games login, tungsten, molybdenum and other related product management measures finally came to a final verdict. The result of the defeat made many industry insiders who participated in the 6th Baotou w88 casino games login Industry Forum feel a little frustrated. Unsurprisingly, this incident also became the focus of this forum.

You must know that since March 2012, the w88 casino games login case has been disturbing the nerves of the industry. For nearly two and a half years, regulatory agencies and various companies have made great efforts to this end. So when a reporter from Securities Daily interviewed Jia Yinsong, inspector of the Department of Raw Materials Industry and Director of the w88 casino games login Office of the Ministry of Industry and Information Technology, and asked what policies my country would introduce next to face this result, he said to the reporter with regret: "Why do we always mention losing the case?"

The raw material case was lost first The West uses planning to defeat China

On August 7, the day after the final results of the w88 casino games login case were announced, the Sixth Baotou w88 casino games login Industry Forum opened. In the afternoon of the same dayChen Weidong, professor of the w88 casino of Law at the w88 casino, titled "Adjustments to my country's Rare Earth Management System after the Loss of the WTO Rare Earth Case"When the speech began, the venue was packed.

In his speech, Chen Weidong carefully analyzed the background of the w88 casino games login case, China’s defense for invoking the exception clause, and the adjustments he expected to make in export management measures after the w88 casino games login case.

“In fact, the groundwork was already laid when the United States, the European Union and other countries launched the raw materials case in 2009. China also lost the case at that time. The countries that appealed were just to ask questions and use the raw material case to test the interpretation of relevant rules in the WTO. What kind of results will they get? After obtaining the interpretation results that are favorable to them, they will use this standard to achieve their real purpose-to obtain rare earths. "Chen Weidong said.

In 2009, the United States, the European Union, and Mexico appealed to the WTO against China’s raw material export restrictions, and this was the raw materials case; in 2011, the WTO ruled that China’s raw material export restrictions violated regulations. The nine raw materials are bauxite, coke, fluorite, magnesium, manganese, metallic silicon, silicon carbide, yellow phosphorus and zinc, and do not include rare earths.

Chen Weidong pointed out: “There is a connection between the w88 casino games login case and the raw materials case. It is because the raw material case did not ultimately form a rule interpretation that is beneficial to our country that the Chinese side has little chance of winning the w88 casino games login case.”

In the w88 casino games login case, China was sued for two main w88 casino games login export management measures, one is export tax and the other is export quota.

“In fact, the rules generally used by the WTO mainly adjust and restrict import tariffs, while paying less attention to export taxes. However, when my country joined the WTO, our country promised to only levy export tariffs not exceeding the binding level on the products listed in Annex 6 of the "Protocol on China's Accession to the WTO" (hereinafter referred to as: "Protocol on China's Accession"). The United States and other countries have also sued China for rare earth taxes. It is precisely because China has violated Article 11, paragraph 3, of the Accession Protocol by imposing export taxes on 58 rare earth products, and in terms of export quotas, China is considered to have violated Article 11 of the General Agreement on Tariffs and w88 (hereinafter referred to as the General Agreement on Tariffs and w88)." Chen Weidong explained.

Subsequently, our country defended the above-mentioned lawsuit by citing subparagraph b "for the protection of human, animal and plant life or health" and subparagraph g "for the conservation of exhaustible natural resources" in the general exceptions clause of Article 20 of the General Agreement on Tariffs and w88. However, due to the impact of the outcome of the raw materials case and issues with the provisions of the clause, the lawsuit was ultimately lost.

“The expert group finally determined that China’s export tax measures violated its obligations under Article 11, paragraph 3, of the Protocol of Accession; and that China had no right to invoke Article 20 of the GATT to defend itself. Even if China had the right to invoke Article 20 of the GATT, China failed to provide evidence to prove that its export tax measures met the requirements of Article 20, paragraph b and the preamble.” Chen Weidong said.

At the same time, Chen Weidong said: “As for export quotas, the expert group determined that China’s export quotas for rare earth and other resource products have not been implemented together with China’s domestic production and consumption restrictions on related products, and thus have not been implemented. Can satisfy Article 20 of the General Agreement on Tariffs and w88. Although China has appealed against the expert panel report, considering the opinions of the Appellate Body in the Raw Materials Case, it is very unlikely that the Appellate Body in the Rare Earth Case will fully support China on its core demands.”

WTO ruling Forcing my country to adjust its w88 casino games login policy

Jia Yinsong said: “We must truly understand our sense of urgency to speed up reform and adjustment after losing the WTO w88 casino games login case. ”

Wang Caifeng, vice president of the China w88 casino games login Industry Association, said: "No matter what the outcome of the (WTO ruling) is, the status of China's w88 casino games login industry will not change significantly, and we are confident in this."

Zhang Anwen, deputy secretary-general of the China w88 casino games login Society, believes: "No matter what the outcome, China's position on protecting resources and the ecological environment is unswerving."

In the opinion of experts, China faces several options: First, within a reasonable period of implementation (generally 15 months), my country will cancel or adjust the original export tax and export quota management system that was found to violate WTO rules, and this is what the United States, the European Union and Japan most want to see; second, maintain the existing export taxes and export quotas, but Carry out compensation negotiations with the United States, the European Union, and Japan, and give the three winning countries greater market opening in other w88 sectors in exchange for export restrictions on rare earth and other resource products; third, maintain the existing export taxes and export quotas unchanged, and do not conduct compensation negotiations or the negotiations are fruitless, which in turn will face the pressure of w88 retaliation authorized by the WTO from the above three countries.

At present, the first of the above three options, "cancellation or adjustment of the original export tax and export quota management system that was found to violate WTO rules", is the most controversial. In the middle of this year, there were rumors that "the export tax and export quota system will be canceled in 2015." However, Chen Weidong believes that there may be better and more appropriate methods.

He said, "It can be seen that no matter which choice is made, China will pay a corresponding price. China needs to make a comprehensive balance of interests and make choices. On the premise of meeting the sustainable development goals and industrial upgrading strategic goals, it is the best policy to rebuild and improve the export management system of resource products.

At the same time, Chen Weidong also suggested: "The w88 casino games login case has given us a revelation, that is, we must clearly understand the relevant legal obligations that China undertakes as a WTO member, so that the autonomy to design and implement the w88 casino games login export management system is not controlled by China. In the future, management measures such as domestic resource taxes will be the mainstay, implemented in parallel with domestic consumption restrictions, and policies such as export quotas will help to achieve a balance between the interests of all parties."