Made in China may face more countervailing duties

("International Business News"2012Year3month7日A1version)

United States Senate3month5日Adopt an amendment《1930年关税法》的法案，保留了美国商务部对中国、越南等国获得政府补贴商品征税的权力。该法案在正式生效前还需美国众议院投票表决和美国总统奥巴马签署。业内人士称，该法案一旦最终获批，将成为未来美国对华进行反补贴裁决的重要依据。对此，中方应拿起法律武器，充分合理地利用法律手段，争取和维护自身的合法权益。

Local time3month5日, the U.S. Senate voted to pass an amendment to "1930Bill of the Tariff Act of 2016 to impose tariffs on China, Vietnam, etc.“Non-market economy countries”Impose countervailing duties. The bill retains the U.S. Department of Commerce’s power to tax goods that receive government subsidies from China, Vietnam and other countries.

The bill still needs to be voted on by the U.S. House of Representatives and signed by U.S. President Obama before it can officially take effect. The results of the House of Representatives vote are expected to be released in the near future. If the House of Representatives also expresses support for the bill, the U.S. Department of Commerce will continue to levy a total tax on goods imported from China, Vietnam and other countries50Billion dollars in tariffs.

This bill was sponsored by David, Chairman of the U.S. House Preparatory Committee that oversees w88 affairs·Kemp proposed not long ago, which clarified the impact of U.S. countervailing laws“Non-market economy countries”The scope of application for imports, calling for the removal of provisions that restrict the government from imposing higher tariffs on China and other countries, saying“This bill ensures we have the ability to deal with unfair subsidies from countries like China”。

Industry insiders generally believe that once the bill is unanimously approved by the U.S. House of Representatives and the Senate, it will become an important basis for future U.S. anti-subsidy rulings against China.

General election factors catalyzed the formation of the bill

The U.S. election is in full swing, and the Obama administration’s attitude toward China has gradually become tougher. Is this bill a lobbying statement for politicians to campaign, or is it a major change in U.S. foreign w88 laws triggered by the long-term w88 friction between China and the United States? Right“Made in China”Can a blind attack help revive the US economy?

To this,WTOZhang Yuqing, a legal expert and former director of the Department of Treaty and Law of the Ministry of Commerce, believes that China and the United States have had w88 frictions for a long time, and it is not surprising that this bill is being introduced now.2011Year12Month, U.S. Court of Appeals for the Federal Circuit (CAFC) Just《GPXInternational Tire Company and Hebei Xingmao Tire Co., Ltd. v. the United States Government Case" ruled that government financial assistance under non-market economy conditions cannot be considered as subsidies, and countervailing laws do not apply to non-market economy countries. Under such circumstances, if the U.S. Department of Commerce insists on conducting anti-subsidy investigations on Chinese products, it can only obtain legal basis through congressional legislation.

Zhang Yuqing believes that the proposal of this bill cannot exclude the factors of the US election. Fu Donghui, director of Beijing AllBright Law Firm, also agrees with this view. He believes that the process of proposing the bill may be accelerated by the election, but the fundamental reason for its emergence is the increasingly frequent w88 disputes between China and the United States.

Professor of w88 casino,WTOSheng Jianmingze, Director of the Legal Research Centerbelieves that this bill is more for the purpose of w88 protection, and the bill is likely to receive support from the US Congress.“This will be a severe test for Chinese companies exporting goods to the United States.”Sheng Jianming said bluntly.

Zhang Yuqing added that the bill will cause huge losses to Chinese companies. But for the United States, suppression“Made in China”It will not help the US economic recovery. Restricting Chinese products, the United States still needs to expand imports from other countries to make up for the gap in market demand.

Fu Donghui agrees with this. He emphasized:“The United States has already formed a stable economic structure. The service industry is the largest, while agriculture and manufacturing are relatively small. It will be difficult to bring manufacturing back to the United States with just one bill.”

China should learn more rules to apply

Regarding the export difficulties that Chinese companies may face, Zhang Yuqing believes that they should remain highly concerned and vigilant about the trends of this bill, and the Chinese government should also express its reasonable demands to the United States. Chinese companies should quickly improve their understanding of U.S. w88 rules to predict and avoid potential risks in advance.

Fu Donghui’s view is that Chinese companies should get rid of their passive position and proactively find ways to break the US w88 suppression against China. His suggestion is to learn from Japan and establish multinational companies to produce a certain product in multiple countries. For example, a Chinese company has a branch in Thailand. When the United States imposes tariff sanctions on its goods, the company can continue to export to the United States through the branch in Thailand.

Sheng Jianmingbelieves that companies should learn from American companies and improve their legal awareness and consciousness.“Americans are quite pragmatic. They believe that since the law provides the necessary means, they should use this means to defeat competitors and protect their own interests.”Thus, Chinese enterprises can also take up legal weapons and make full and reasonable use of legal means to fight for and safeguard their legitimate rights and interests. As far as the government is concerned, it should establish and improve the legal system for foreign w88, provide enterprises with more practical and convenient legal remedies, and create a comparable legal environment.

(reported by our reporter Zhang Ping)

Attachment: Original report link:

http://epaper.shangbao.net.cn/read-790.html

Reprinted by China Economic Net:

http://intl.ce.cn/sjjj/qy/201203/07/t20120307_23134855.shtml