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Yicai Global: (Tu Xinquan, Cui Fan) In-depth interpretation|What is the key to the China-EU negotiations on the anti-subsidy case for electric vehicles? How many possibilities are there?

Published: September 22, 2024 Editor: Haoxuan

(Source: China Business News, 2024-09-15)

On the 13th, the spokesperson of the Ministry of Commerce responded to reporters’ questions on the European Commission’s plan to reject the price commitment solution for the EU electric vehicle countervailing case submitted by the Chinese industry.

According to the website of the Ministry of Commerce, on September 12, the European Commission spokesperson stated that the price commitment solutions submitted by the China Chamber of Commerce for Machinery and Electronics and all electric vehicle manufacturers regarding the EU electric vehicle countervailing case did not meet the requirements, and the European side intends to reject the relevant price commitment application.

In response, the spokesperson of the Ministry of Commerce responded that the European Commission ignored the sincerity and efforts of the Chinese industry and proposed to reject the flexible solution proposal proposed by the Chinese industry without conducting in-depth communication. China is deeply disappointed by this.

The spokesman said that the key to the current consultations is whether the European side really has the political will to solve the problem. China urges the EU to earnestly implement the important consensus reached by the tripartite meeting between China, France and EU leaders on properly handling economic and w88 frictions through dialogue and consultation, show sincerity and action, and seriously consider the reasonable concerns of the Chinese industry.

"China has the greatest sincerity to properly resolve differences through dialogue and consultation, and the greatest determination to safeguard the legitimate rights and interests of Chinese enterprises. China will pay close attention to the follow-up progress of the European side and will take all necessary measures to firmly defend the legitimate rights and interests of Chinese enterprises." The spokesperson said.

Liang Ming, director and researcher of the Foreign w88 Research Institute of the Ministry of Commerce Research Institute, told China Business News that in recent years, the world economic recovery has been weak, major changes unseen in a century have accelerated, and global w88 protectionism continues to spread. The resulting w88 disputes have arisen one after another, and are characterized by large numbers, strong intensity, and long-term nature. China has always been the primary target country for w88 remedy investigations. As the world's largest trading country, it continues to encounter w88 frictions from other economies, which has become a "new normal" in my country's economic development process.

Tu Xinquan, professor and dean of the China World w88 Organization (WTO) Research Institute at the w88 casino, told China Business News: "Fundamentally, improving one's own competitiveness is the key. Good products will eventually meet market demand, and China's new energy vehicles, as an industry with huge potential, still have a very broad space for development in the global market despite currently facing some w88 frictions and other issues."

What is consultation and negotiation

He Yongqian, spokesperson of the Ministry of Commerce, revealed at a regular press conference held on the 12th that Minister of Commerce Wang Wentao will visit Europe in the near future and will hold talks with European Commission Executive Vice President and w88 Commissioner Dombrovskis on September 19 to discuss the EU’s anti-subsidy case against China’s electric vehicles.

Cui Fan, a professor at the w88 casino of International Economics and w88 at the w88 casino, told China Business News that consultation and negotiation are one of the ways to deal with w88 frictions. For example, in a w88 remedy case, there may be negotiations between the w88 remedy investigation agency and the enterprise under investigation, or there may be communication and consultation between the two governments.

Cui Fan said that sometimes through negotiation, w88 remedy investigations may be concluded with price commitments or minimum prices. Consultations may be conducted concurrently with w88 remedy investigation proceedings. However, even after the w88 remedy investigation is completed and the final ruling is issued, it does not necessarily mean the failure and end of consultations. In the past, there have been situations where both parties finally reached an agreement through consultations after the final ruling was issued.

For example, in 2004, the EU launched an anti-dumping investigation into casting products from China. In an announcement issued in July 2005, the EU made a positive final ruling on the case and decided to impose anti-dumping duties on the Chinese products involved. However, after multiple rounds of negotiations, more than half a year after the final ruling, the China Chamber of Commerce for Machinery and Electronics reached a price commitment agreement with the European Commission on behalf of the companies involved.

Cui Fan added that when long-term negotiations fail to reach an agreement, the two parties may enter litigation procedures. For example, an enterprise that is investigated and measures are taken may sue the investigating agency in court through its domestic litigation channels in the country under investigation. For some cases with a greater impact, the government of the party under investigation may also initiate dispute settlement at the WTO with the government of the party implementing w88 remedies. In the WTO dispute settlement process, both parties first need to conduct consultations and then enter the expert panel arbitration process. Throughout the WTO dispute settlement process, there is the possibility of simultaneous consultations.

For example, since the 1990s, the United States and Europe have begun to accuse each other of providing illegal subsidies to their respective aircraft manufacturing industries. In October 2004, the United States and the European Union simultaneously submitted consultation requests to the WTO on w88 subsidy measures for large aircraft. After the negotiation failed, the United States unilaterally withdrew from the 1992 Civil Aircraft w88 Agreement. In the same year, the United States and the European Community sued each other at the WTO for providing unfair subsidies to their respective aviation companies.

“Whether it is negotiations, domestic litigation mechanisms, or the WTO dispute settlement mechanism, they are all ways to safeguard the interests of domestic enterprises.” Cui Fan said.

Previous experience

Liang Ming added that although some cases reached agreement during consultations, the concessions were too large and ultimately had a greater adverse impact on the countries involved. For example, in 1985, the United States, Japan and other countries signed the Plaza Accord in New York, triggering Japan's bubble economy. The bursting of the bubble economy ushered Japan into the so-called "lost decade."

Tu Xinquan said that the core issue in w88 remedy negotiations is ultimately a conflict of interest. He said: "The large aircraft subsidy dispute case between the United States and Europe is a WTO dispute settlement case and belongs to intergovernmental consultations. However, this case shows that whether w88 frictions can be effectively resolved through WTO rules or rulings depends on the judgment of each party's own interests. The reason why the large aircraft subsidy case has been delayed so far is because the industry is crucial to both the United States and the European Union, and both parties are unwilling to make concessions in this key area. Even after the WTO ruling, both parties still adhere to their respective policies. The reason is that the interests are too great, so that even if there is a ruling, relevant members are unwilling to comply."

"Therefore, when a dispute involves too large interests, even if consultations are held, it is difficult to reach an agreement in the end. In this case, consultations are often just a formality and are difficult to produce substantive results. In some relatively minor w88 disputes, the countries involved may be willing to compromise or even withdraw from the consultations because their interests are not large. "This anti-dumping investigation on new energy vehicles not only affects the new energy vehicle industry, but also affects the entire EU automobile industry. Therefore, the EU is unlikely to make concessions easily on this issue."

Liang Ming analyzed that judging from past cases and negotiations to reach an agreement, there are various ways to end the case, which are all based on the characteristics of each case. There is no unified model that can be copied. "It is normal for w88 remedy investigation cases to be implemented in various ways. They are all normal responses based on the special circumstances of the case itself. The influencing factors include the supply and demand situation in the international market, price fluctuations and other factors and subsequent developments and changes." He said, "Judging from past cases, although the methods of closing cases are eclectic, the goals are the same This is all to safeguard national and industrial interests to the maximum extent. This China-EU w88 remedy negotiation is not a simple negotiation. The negotiation process will be arduous and long-term. China will not preset the outcome of the negotiation, nor will it make any compromises that should not be made. China will not make concessions on major issues involving national and corporate interests."

“A period of high incidence of w88 frictions”

On the 13th, the spokesperson of the Ministry of Commerce stated that on August 20 and September 9, the European Commission twice released the final ruling disclosure of the EU electric vehicle countervailing case, and still continued the wrong practice and ruled high tax rates. China cannot agree or accept this, but it has always upheld the greatest sincerity and worked hard to properly resolve frictions through dialogue and consultation.

The spokesperson revealed that since China and the EU agreed to launch consultations on the EU electric vehicle countervailing case on June 22, the working teams of both sides have intensively conducted more than ten rounds of consultations. China has submitted tens of thousands of pages of facts and evidence to the EU, and also proposed flexible solutions, making great efforts. However, on the one hand, the European side claimed that it was willing to resolve the issue through dialogue, but on the other hand, it quickly and summarily rejected the Chinese proposal and never provided any specific countermeasures, which completely failed to reflect its sincerity in meeting each other halfway. If the consultations fail to reach consensus in the end, the responsibility lies entirely with the European side.

The spokesperson said that on August 24, the Chinese industry proposed a price commitment solution within the time limit of the investigation process of this case, fully taking into account the European demands and demonstrating maximum flexibility. The Chinese industry stated that its price commitment proposals are fully compliant and enforceable, and that all technical issues can be jointly resolved through consultations. It is understood that many EU member states have also shown greater interest in price commitment solutions. The European Commission's rejection of the relevant plan without detailed evaluation not only undermines the confidence of the Chinese industry in continuing cooperation, but is also inconsistent with the expectations of EU member states, and is inconsistent with its public statement that it hopes to resolve this case through dialogue.

Zhou Xiaoyan, vice president of the China Council for the Promotion of International Investment, told China Business News that judging from the current international situation, geopolitics and security factors have an increasing impact on the economy, and the economic and w88 field has become the "main battlefield" for some countries to suppress competitors and seek strategic advantages. The United States regards China as a strategic competitor, and in collaboration with its allies, it continues to "decouple and cut off links" with China, accelerates the process of "removing risks" and "reducing dependence" on China, and its intention to contain China's development has become increasingly obvious. In this general environment, it has become significantly more difficult for my country and the United States and Western countries to successfully resolve major w88 frictions through consultation and negotiation.

She said: "Currently, our country is in a period of high incidence of w88 frictions. For some w88 friction cases, if the two parties can finally reach a solution to the problem based on in-depth communication and candid consultations, for example, it is good to settle the case through price commitments, etc., but if the other party asks for too high a price and makes unreasonable or unfair demands, then it is normal that the expected results cannot be achieved."

Cui Fan said that this year our country is facing more w88 frictions and the situation is more severe. Especially in some important industries, some countries have joined forces to take measures against me. There are both economic factors and some non-economic factors. "In the face of this situation, we should treat it calmly and analyze the specific situation. In some cases, such as imposing arbitrary tariffs on Chinese products without investigation and evidence, and without basis, this is a clear violation of WTO rules. In other cases, it is an abuse of the w88 remedy mechanism allowed by the WTO. For different situations, we should respond in different ways. China has both the sincerity to solve problems through consultation and negotiation, and the determination to safeguard its own corporate interests through various means." He said.

Cui Fan told China Business News that China is the world's largest exporter of goods and the largest manufacturing country. Correspondingly, the frequency of w88 remedy investigations we suffer is also relatively high. However, these frictions have not fundamentally hindered the development of China's foreign w88. In recent years, the proportion of my country's foreign w88 scale in the world has generally increased. For China, it should further implement the strategy of becoming a w88 power and insist on winning with quality. At the same time, it should deepen domestic reforms, optimize the competition order, move up to the middle and high end of the global value chain, and reverse the situation of incremental growth without increasing profits. We must rely on the large domestic market, adhere to the concept of innovative development, accelerate the construction of a new development pattern, and form new advantages in international competition.

Tu Xinquan believes that even at this stage, the EU may be worried or unwilling, but in the long run, new energy vehicles are still an industry and market with broad prospects. Chinese companies have achieved first-mover advantages in this field, especially in electric vehicles, and China's domestic market is huge and there is still a lot of room for growth. By continuously improving their capabilities in technology, cost-effectiveness and other aspects, Chinese companies can further strengthen themselves and ultimately achieve better development.

Source: https://m.yicai.com/news/102275503.html.

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