Along with China become the world 's largest trading nation , we have encountered in the international market by the trade friction in previous years mainly in the "access" part gradually expanded to the "quasi- out " link. March 27 , WTO confirmed that China's rare earth export tariffs and inconsistent with China's WTO accession signed by the relevant provisions of the Protocol , the Chinese export quotas on the product concerned does not comply with the rules set " 1994 General Agreement on Tariffs and Trade ." . While there are opportunities for Chinese complaint within 60 days , but on the rare opportunity also exists only in the case comeback " theory ."

On the rare case, since it is basically a foregone conclusion since losing total to eat a cutting wisdom . According to the views of many people in the rare case of " Live and learn " is no doubt that China lost pricing power in the international market , leading to the rare earth in the international market sold more cheap , and ultimately sold the loess rare earth prices . This view seems plausible , but somewhat superficial . In fact , this time losing in the rare case it is precisely within the constraints of the existing international trade rules , we compete for rare earth pricing efforts suffered a strong blocking EU, U.S. , Japan and other trading partners.

Some might say , why let China accounts for about 23 percent of the world's reserves of rare earths to supply 90% of the international market . Who is not? And what can it tell us? In today's international division of labor , which the State only for the domestic industry producing ? America is not the case , at least the production of Boeing aircraft sold to American Airlines just right . Apple phone is there worldwide. China is more than this , from shoes, clothing , household appliances, to steel, photovoltaic, many industries are inseparable from the international market. So, take the ratio of reserves described can not explain the gap between supply ratio problem . At least, in the rare case of failure to appeal , " Live and learn ," the focus is not on here. However , for a point of view, as a non-renewable resource commodities , development and utilization of rare earth resources, not only to emphasize sustainability, but also pay attention to the over-exploitation of rare earth resources caused damage to the ecological environment . For this reason , in recent years the Chinese government has taken a series of measures to strengthen the management of rare earth exports , including a quota system introduced from 2003 for rare earth exports starting in 2005 abolished the rare earth export tax rebates, the compression in 2005 export quotas business places , from November 1, 2006 rare earth export tariffs imposed .

It stands to reason , to protect the ecological environment and appropriate restrictions on exports of rare earths of the blame . Although the WTO prohibits export restrictions , but there are also for the conservation of exhaustible natural resources exceptions . However , the WTO believes that the conservation of exhaustible natural resources and limitations of such measures in the domestic production or consumption with the implementation , it is not in violation of WTO rules, and China in the limit "quasi- out ", but did not carry out the domestic the same restrictions. In fact , this is precisely China 's " soft underbelly ." In the extensive mode of economic development , the domestic rare earth resources for use efficiency is not high . If the peer set limits not only the domestic rare earth industry to seek a way out of a problem, but domestic pressure downstream industries are too large.

To be honest, though we be modest restrictions on exports of rare earths , but did not take the jammed supply the international market. In fact, China 's rare earth export quota of 80% of the amount in accordance with the design of the world , and rare earth export quotas in recent years have not been exhausted . So why Europe and America should do this complain to the WTO ? Obviously , that is, to the " loess price" buy rare earths. In fact, the 2010 rare earth export quota cuts largely contribute to the achievement of China's rare earth export prices bottoming out of . Since July 2010 , China's rare earth prices began to rise, which in early 2012 the average rose more than 200%. However, we knew that, but it can not effectively defend their rights under existing international trade rules . If in the rare case of losing the issue , " Live and learn ," then this " cutting " is that we do reasonably been arbitrarily considered substandard WTO 's " regulation ."

For rare cases lost, we in the " Live and learn ", the only " wit " is not enough , the need in many respects "long wisdom ."

On the one hand , the demands from our inner terms should not be used as the only means of limiting exports of rare earths . For some places , the rare earth mining in large part to bring jobs and tax revenue. If substantially reduce the size of the rare earth mining , the subsequent impact can not be ignored , such as local economic development will not be a drag ? There is no substitute for the rare earth mining industry ? How to properly relocated labor ? Clearly, the country with various departments also need to come up with a similar problem practical package solution . For example , in the mining areas of compressive scale mining of rare earth related downstream industries brought . Again , starting from the perspective of a comprehensive governance , to environmental protection, industry access management , develop policies and regulations , industrial restructuring and other aspects of the work to be integrated to build pressure to break impasse RE -sharing system from the supply source. If the rare case against us , " a lesson " , should include at least the "wisdom "

On the other hand , the external demands from our point of view, the relevant WTO rules we still have to abide by , but we have to comply with WTO rules and not just a Chinese thing. In the " quasi- out " link, European countries handicapping example there? So far , the United States not only to maintain the restrictions on exports to China of high-tech products , but do not let the EU's output of high-tech products , on the grounds that these products may be used for military purposes. We export of rare earth resources are a strategic resource , and many high-tech military products are inseparable from the rare earths. For some countries restrict exports of high-tech products , we can consider a " non- bona fide " behavior. That being the case , we are of rare earth exports to those countries that have a say ? In fact, the "quasi- out " case , the WTO is often people do not move, officials do not study . We do not say goodbye to people , and once people tell us that we are not even a bargaining chip . In this respect, still need " a lesson ."


Tungsten Manufacturer & Supplier: Chinatungsten Online - http://www.chinatungsten.com
Tel.: 86 592 5129696; Fax: 86 592 5129797
Email:  sales@chinatungsten.com
Tungsten & Molybdenum Information Bank: http://i.chinatungsten.com
Tungsten News & Tungsten Prices, 3G Version: http://3g.chinatungsten.com
Molybdenum News & Molybdenum Price: http://news.molybdenum.com.cn

WTO panel report released U.S., EU , Japan and other members of the party complained Chinese exports of rare earth tungsten and molybdenum - Measures ( referred to as " rare case" ) . The Chinese government has taken a series of measures to limit the export of these products in violation of WTO rules should be amended to conform to WTO rules . In this regard, the Chinese side expressed regret and has recently decided to appeal the panel report in relation to the WTO Appellate Body .

WTO Panel sure I protect the environment and resources, but I recognized export restrictions

In recent years , Chinese government for the purpose of protecting the environment and exhaustible domestic resources have been put forward a series of measures to limit the export of raw materials such as rare earth , which caused the United States, Europe , and Japan , as rare as a strategic resource and long tradition imported from China "big " their dissatisfaction. But in fact, rare earth resources in China have not rich , but it has long been the world's largest rare earth export country .

With the rapid development of high-tech industries , global demand and rapid growth in the consumption of rare earths . Rare earth resources are non-renewable mineral resources , due to the large number of years , disorderly exploitation , China 's rare earth resources are on the verge of exhaustion . On the other hand , rare earth production, processing a tremendous impact on the ecological environment , environmental pollution caused by its mining more serious . Seen, to some extent, limit exports of rare earths will undoubtedly help to curb the momentum of China 's rare earth mining , consistent with the policy goals of sustainable development.

Many people do not understand , is this a very proper measures are WTO panel did not get recognized , but the sentence against China ? Someone ask, Does the Chinese government must sacrifice their own resources and the environment to a large number of exports to developed countries to maintain it? It for China, the fair yet ?

In fact , just read the panel report , it is not difficult to find , WTO Expert Group did not identify the Chinese government restrictions on the export of raw materials and rare earth purpose is wrong, not only that, the expert group on the Chinese side to protect exhaustible resources and the environment in mind to be sure that this is not only consistent with the objectives of sustainable development pursued by the WTO , but also China has sovereign rights to manage natural resources. Unfortunately , the Group believes that some restrictions on the export of measures taken by the Chinese side did not achieve the above objective , for some reasonable evidence and views put forward by China were not admissible . Especially in the export tax measures , despite an expert group members supported the Chinese point of view , but in the end the Group of Experts still believe that China is not entitled to invoke GATT Article 20 , " General Exceptions " clause of China 's export tax take defense .

Appeal to the WTO Appellate Body : Hope and anxiety coexist

On appeal , we should carefully analyze the report of the Group , on this basis, the full use of WTO rules and construed in accordance with the law argue utmost to strive for the success of the appeal .

In accordance with WTO rules , the Appellate Body only appeal to review the legal issues of the case , therefore , the ability to use the rule of law , the ability to explain the success of the appeal is crucial . Now it seems that the final result for the appeal , the hopes and fears coexist.

On the one hand , the export tax, an expert group members as well as Russia , Brazil , Argentina and other members of the party 's support for China -related positions so that we see the hope . In the case hearing , the experts believe that , starting from the integrity and overall perspective of interpretation of the WTO Agreement , together with the Chinese side should enjoy the " general exceptions " rights conferred by Article 20 of GATT on the export tax issue with the WTO members , the provision allows members to meet the statutory requirements under the premise of protecting the environment and exhaustible resources , the protection of human , animal and plant life and health and violate WTO rules.

Raw materials in China WTO has ruled in the case , WTO Experts Group based only on China ' s Protocol ' exit tax provisions Section 11.3 , did not identify the Chinese have no right to invoke GATT1994 advocate on GATT Article 20 on the export tax question " in general exceptions " rights conferred by this new member of the WTO , such as China is obviously unfair . To this end , the Chinese government and international law experts , scholars have been using a variety of occasions , actively using the theory of international law and WTO rules argue. The win support from an expert as well as a number of important WTO members , and indeed made ​​important progress .

But one can imagine , on this issue , the appeals process between China and the United States, Europe, Japan and the inevitably there will be a battle , we must be fully prepared for all aspects of the fight to change the position before the WTO Appellate Body held , China is in favor of the right to invoke GATT Article 20 , " general Exceptions " in terms of export taxes .

In addition, the Group of Experts to ignore certain evidence submitted by the Chinese as well as efforts to protect the environment and exhaustible resources, especially that the Chinese government take to limit the number of rare earth and other views licenses and other export restrictions and WTO rules we should further explain and defend to the Appellate Body .

Of course , from a previous judicial practice WTO Appellate Body ruling to overturn the possibility of the Group of Experts was not great, which is why we worry for the outcome of the appeal . But even so, should not be shaken, even give up fighting for the rights of determination and confidence , because , after all, is an important opportunity to appeal to reiterate our views and positions .

We should also re-examine the execution and implementation of policy measures

Meanwhile , at home, our government departments and local should urgently re-examine whether there are areas for improvement restrict the export of rare earth and other raw materials and concrete implementation of policies and measures to implement the process .

For example , in accordance with the requirements of the WTO rules and the " principle of good faith " in international law , at the same time should also restrict the export restrictions on domestic production and consumption , export restrictions , if on the one hand , while on the other hand the domestic production and consumption is increasing , this will form the international trade " arbitrary, disguised discrimination ," which is not allowed by WTO rules .

In particular it should be noted that, after the central government has formulated policies , some local governments and enterprises only their own petty , openly or covertly continuing large number of mining rare earths , the so-called "policies , under the measures ." This is not only with the national environmental protection efforts and contrary to the relevant decision-making , but also invited heavy criticism , be evidence of another attack China 's rare earth policy.

In addition, to implement the protection of the environment and exhaustible resources policy, between the central government departments, relevant policies and measures between central and local government should further be coordinated , absolutely avoid fragmented, inconsistent rulemaking situation . This is the uniform implementation of WTO agreements and the principle of transparency requires members to assume the obligations in this regard , we have a lot of work to do .


Tungsten Manufacturer & Supplier: Chinatungsten Online - http://www.chinatungsten.com
Tel.: 86 592 5129696; Fax: 86 592 5129797
Email:  sales@chinatungsten.com
Tungsten & Molybdenum Information Bank: http://i.chinatungsten.com
Tungsten News & Tungsten Prices, 3G Version: http://3g.chinatungsten.com
Molybdenum News & Molybdenum Price: http://news.molybdenum.com.cn

Recently, the Ministry of Commerce held a press conference , spokesman Shen Danyang said China's decision on cross- appeal case of China's rare earth export policy to WTO dispute settlement body .

Establish a strategic resource management system

Department of Commerce International Trade and Economic Cooperation Research Institute researcher Jinbo Song said China's presence in the institutional aspects of the introduction of comprehensive enough rare earths and other issues , the need for further reforms. China as the world's largest trading nation , should establish a positive image for the maintenance of international rules , international responsibility to maintain a clear understanding , in accordance with international rules . Based on our current urgent need to establish a national security , economic security, rare earth and other " strategic resource management system ," and this must be an international rule , largely in line with WTO rules system .

Jinbo Song for " strategic resource management system" made ​​a further explanation. He said that this is a package of export controls, strategic resources archive , corporate centralization mining, smelting , refining , industrial development and manufacture of high-tech materials to build sales market order and establish a global trading center market , denominated in RMB and a 24-hour spot and futures trading , fulfilling the highest administrative approval procedures discriminate international partners hierarchy . Establish and improve this system , not only can protect and make good use of our precious resources , the development of domestic high-tech materials industry , important for the future development of China's military and civilian industries leave some leeway , you can establish with the United States , Japan, Europe and so on and so on , flexible, differentiated partnership.

China trade, " far" and "near "

Rare lawsuit hustle for a long time , losing to China 's ended. March 26 WTO panel report released ruled export tariffs on Chinese rare earths, tungsten, molybdenum related products taken quota management measures violate WTO regulations . Coincidentally, just three months ago of $ 4.16 trillion in 2013 the total import and export of goods achievements won the title of world trade superpower . Between a happy one sad , get a glimpse of China in the field of trade and the world stage "near " and "far ."

As a budding world trading power , our country in the international arena growing influence . However, as a World Trade Organization Organization 13 years of emerging and developing countries , the international trade arena rules of the game , not yet familiar with the ease of point .

In Jinbo Song seems to be widely used rare earth laser , solar power, electric cars , smart phones, and weapons manufacturing . At present, China is the world 's largest rare earth refining , processing and exporting countries . Rightfully should stick to our commitments to the World Trade Organization , which insists on WTO rules. There are exceptions to the WTO principle of security , leading the United States pursuant to the Convention signed the Wassenaar participating countries to implement export controls on China openly , explicitly prohibits exports to China . Granted pursuant to our country can fulfill the Wassenaar Convention, such as the United States, Japan and other countries to implement export control regime. " Unfortunately, we do not improve this system. Another example is the U.S. strategy for archiving can be implemented , the strategy of course also be archived on the implementation of strategic resources . " Jinbo Song said .

For our country to the WTO dispute settlement mechanism proposed cross- appeal , Jinbo Song analysts believe that the Chinese apply for the second trial , the second trial on the conclusion does not rule out some adjustments.

" cards " need to comply with international rules

Jinbo Song stressed that the domestic rare earth industry needs to clear three principles , in accordance with international rules , " the cards ."

First, a clear ownership of resources . All foreign mineral resources are privately owned , the ownership of clarity . However , China's resource ownership is not clear , it should be clear ownership and exploitation rights and free enterprise resource holder the right to actively implement the principle of freedom of trade and investment with the relevant WTO rules .

The second is a strategic resource archive . Should learn to act in accordance with international rules . The United States currently no taxes on exports of rare earths , and we should not be taxed on the export of rare earths , the U.S. imposed sequestration strategy , we can implement strategies archived.

Third, the security principles . There are national security , economic security concept internationally. WTO believes that security policy is the exception. This principle is also applicable to China . China should set up a bill in view of national security , export controls on dual-use items . Wherever possible for resources , exports of military technology , including some of the rare earths can be used for military , our country can justifiably prohibit exports.

Jinbo Song said rare earth trade 80% -90 % of the world rely on China , so China should actively seek the right to speak Rare transaction . He also suggested that , first , the rare earth resources through fair trade , concentrated in a small number of enterprises ; Second, the Stock Exchange , the implementation of spot and futures trading 24 hours , the world contribute to the development of free trade ; Third , you can also consider using RMB, to promote cross-border trade in RMB .

" However , to achieve international discourse rare earth and other strategic resources transactions, the need to develop a set of supporting the program , which is not easy. " Jinbo Song says.


Tungsten Manufacturer & Supplier: Chinatungsten Online - http://www.chinatungsten.com
Tel.: 86 592 5129696; Fax: 86 592 5129797
Email:  sales@chinatungsten.com
Tungsten & Molybdenum Information Bank: http://i.chinatungsten.com
Tungsten News & Tungsten Prices, 3G Version: http://3g.chinatungsten.com
Molybdenum News & Molybdenum Price: http://news.molybdenum.com.cn

At present, some of the most critical components of modern military hardware America depend entirely on the China rare earth. Laser and magnet world's most advanced weapon system in use is the rare earth metals from Chinese. For example, neodymium magnets are used to produce small missile fin system, smart bombs and satellite system, also used for hybrid power engine equipment production of naval ships in the magnet. Samarium element and cobalt mixed together, to tanks and “ aegis ” manufacturing level of ship navigation system. Ytterbium element is used in the manufacture of tanks and missile laser guidance system.

Although rare earth reserves Chinese accounted for 36% of the global total, but American reserves also many, holds 13% of global reserves, ranking the second place. However, USA found, its rivals are strict control of rare earth resources development of military need it.

In the past 10-20 years, need to USA sophisticated military system of raw materials and finished products can provide for oneself. But, then, main problems America producers is the home for commercial development, concentration of rare earth deposits can be very difficult to obtain. The rare earth elements made of metal and cause high-tech parts costs rising, so that the rare earth mining from USA to China.

Affected by the restrictions on exports of rare-earth minerals China, America Congress in 2010 September through the "revitalize the rare earth and key resources act", aims to promote re manufacturers domestic rare earth development and support local. After America, house and Senate passed the bill more. American hopes to promote American rare earth industry reconstruction has competitiveness through legislative means. America rare earth molybdenum company established suppliers (MolycorpInc. ) announced a few days ago, by the end of 2012, it is located in California rare earth mine annual production capacity increased to 20000 tons. The company also American Department of energy to apply for a loan.

However, American to revive the rare earth industry is not a cold day. America Congress's Government Accountability Office said in a statement, the establishment of a supply chain requires 15 years. And within a short period of time, American home can not be formed in refining and production of high-tech military hardware required magnets and other parts of the rare earth ability.


Tungsten Manufacturer & Supplier: Chinatungsten Online - http://www.chinatungsten.com
Tel.: 86 592 5129696; Fax: 86 592 5129797
Email:  sales@chinatungsten.com
Tungsten & Molybdenum Information Bank: http://i.chinatungsten.com
Tungsten News & Tungsten Prices, 3G Version: http://3g.chinatungsten.com
Molybdenum News & Molybdenum Price: http://news.molybdenum.com.cn

Today, rare earth prices continue to steadily, rare earth and rumors again, but no formal documents; supplier spot is not much, because of lack of demand, not the high price. Supply and demand little changed, the actual market trading deserted.

Dysprosium oxide mainstream manufacturers including tax 163-165 yuan / ton, Dy Fe mainstream manufacturers including tax price 168-170 yuan / ton.

Praseodymium oxide mainstream manufacturers including tax price of 570000-580000 yuan / ton. Neodymium oxide 310000-320000 yuan / ton.

Lanthanum oxide manufacturers including tax price of 19000-20000 yuan / ton. Cerium oxide mainstream manufacturers including tax price of 20000-21000 yuan / ton.

Praseodymium neodymium oxide mainstream manufacturers including tax price of 315000-325000 yuan / ton, praseodymium and neodymium metal mainstream manufacturers including tax price of 410000-420000 yuan / ton.

Europium oxide of phosphor grade mainstream manufacturers including tax price 3950-4050 yuan / kg. Terbium oxide of phosphor grade mainstream manufacturers including tax price 3000-3200 yuan / kg.


Tungsten Manufacturer & Supplier: Chinatungsten Online - http://www.chinatungsten.com
Tel.: 86 592 5129696; Fax: 86 592 5129797
Email:  sales@chinatungsten.com
Tungsten & Molybdenum Information Bank: http://i.chinatungsten.com
Tungsten News & Tungsten Prices, 3G Version: http://3g.chinatungsten.com
Molybdenum News & Molybdenum Price: http://news.molybdenum.com.cn

In WTO (WTO) issued a report of the expert group on the export of rare earth Chinese dispute about a month later, the Appellate Body in April Chinese respondent 25 to WTO (Appellate Body) to submit the documents.

According to the WTO Appellate Body last Friday published documents, the expert group report more than 170 paragraphs to the contrary, that report misinterpreted WTO rules and China WTO documents, and demands the appellate body rejected the Chinese &ldquo expert group report; export quota & rdquo; illegal ruling.

China announced an appeal in April 17th. Earlier, one of the rare earth case prosecution USA in 8 April, the Appellate Body appeal; the expert group in the ruling process on the evidence of the expressed dissatisfaction with.

This marks the concern of the Chinese rare earth export dispute case dispute settlement procedures in appeal procedure. Appeal only from legal interpretation angle put forward different views, not re examination, or open a new topic.

In accordance with the rules, the Appellate Body shall make a reply within 60 days, not more than 90 days time, support, modified or rejected expert group report. After that, the dispute settlement body must be accepted within 30 days, or reject the consensus based on the outcome of an appeal.

At present, the rare earth case of the other two prosecution the European Union and Japan have not followed USA appeal.

WTO released report of the expert group on Chinese rare case in March 26th, to support the most litigation of America, Japan, three party requirements, also rejected part of the prosecution claims.

Think Chinese including 17 kinds of rare earth dispute settlement mechanism of the report of the expert group (rare earths) raw materials, tungsten (tungsten) and molybdenum (molybdenum) and imposed export restrictions violation.

These three kinds of export restrictions are: raw materials of rare earth on the various forms of export tariffs, export volume of a certain time to impose quotas, as well as the raw material export enterprises access to certain restrictions.

The final report are explained, China WTO documents promises to cancel these export tariffs, and these rare earth raw materials have not been included in Annex excluded; export quota settings for the target of industrial policy, rather than the “ ” objective; at the same time, the enterprises to export power limits in violation of WTO rules.

The expert group report was published, in Europe, America, parties to make a statement. America White House Trade Representative Office (USTR) believes that the U.S. won.

Chinese Ministry of Commerce Department of treaty and law day to say, expert group recognized China take on rare earth, tungsten, molybdenum comprehensive resources and environmental protection measures, rejected the EU enterprises export quotas for export performance of Mo “ ” requirements that discriminate against foreign companies, China appreciates.

The Commerce Department said, the panel ruled the Chinese product export tariffs, quotas and export quota allocation and management measures are not in conformity with the relevant WTO rules and China joined the WTO commitments, China regrets.

China believes that, in the increasingly serious resources and environmental pressures, Chinese government in recent years to strengthen and improve the high pollution, high energy consumption, resource consumption of products integrated management, “ these management measures in line with the goal of sustainable development WTO advocated by ”.

Makiyama Hiroshi, director of the ECIPE at trade issues (Hosuk Lee-Makiyama) on the twenty-first Century economic report reporter said: “ China's successful appeal the possibility is very small. ” Makiyama Hiroshi said, the central government to solve the environmental problems through the trade restriction measures, is not consistent with the rules of WTO.

According to industry organizations China Rare Earth Society website on April 24th to the Reuters data, rare earth exports to Japan in March American and Chinese have growth, which increased 10.85% to beauty, to growing 38.21%.

Data shows, in France, Spain, Germany and Holland and other EU countries in rare earth exports also rose significantly, the United Kingdom, Austria and other countries dropped.


Tungsten Manufacturer & Supplier: Chinatungsten Online - http://www.chinatungsten.com
Tel.: 86 592 5129696; Fax: 86 592 5129797
Email:  sales@chinatungsten.com
Tungsten & Molybdenum Information Bank: http://i.chinatungsten.com
Tungsten News & Tungsten Prices, 3G Version: http://3g.chinatungsten.com
Molybdenum News & Molybdenum Price: http://news.molybdenum.com.cn

The state of tungsten and rare earth products quality supervision and inspection center through the China National Accreditation (CNAS) expert review group supervisory review and expansion of the on-site assessment. The expert review group members on the basis of CNAS-CL01:2006 "the competence of testing and Calibration Laboratory Accreditation Criteria" and the relevant rules for the accreditation documents, by listening to the report, review the quality management system documentation, technical archives, ability verification records and on-site questions such as, site assessment center equipment, environmental conditions, the operation of the system, field test, personnel construction the situation.

16 new detection item this evaluation, involves 18 standards, including gadolinium iron alloy, cobalt concentrate and thulium ytterbium lutetium purity, the center has reached international recognition in the ability level. This review project, the task is heavy, is one of the centers of mass appraisal activities, by the central leadership attaches attention. Close coordination, the functional departments collaboration, in addition, pre assessment work to prepare fully, making the assessment work carried out smoothly, accuracy, guarantee the recognition results of efficiency.


Tungsten Manufacturer & Supplier: Chinatungsten Online - http://www.chinatungsten.com
Tel.: 86 592 5129696; Fax: 86 592 5129797
Email:  sales@chinatungsten.com
Tungsten & Molybdenum Information Bank: http://i.chinatungsten.com
Tungsten News & Tungsten Prices, 3G Version: http://3g.chinatungsten.com
Molybdenum News & Molybdenum Price: http://news.molybdenum.com.cn

Chinese long-term monopoly of global production of rare earths. However, in recent years, related to the dispute with Beijing has a new trend: Western companies turn to alternatives and other areas, rare earth prices decline.

For the global high-tech industry, rare earth is a kind of precious material. Computer chip, motor, wind power generation device or Internet mobile phone, all have their shadows. However, over the years, the special material, the ongoing fierce controversy. 90% of the rare earth in the China production. However, the country's export restrictions on rare earth, especially including Germany, Europe and the United States, Japan enterprises have been seriously affected. Although western countries have a stage victory, in trade disputes arising from — &mdash WTO arbitration court ruled last month Chinese limit of rare earth export violation of free trade rules, but the problem is far from; thereby addressed.

Headquarters is located in the study Chinese Mukato Institute in Berlin (MERICS) expert Verbeek (JostWü bbeke) think, “ influence WTO award the very small ”. Because, ruling would not take effect immediately. China also may appeal. Verbeek in an interview with the German news agency that forced the cancellation of export restrictions, in front, Beijing has nearly a year transition period; and whether China will implement the arbitration decision, is still uncertain.

China own industry needs a lot of rare earth. At the same time, the Beijing government is not willing to excessive consumption of domestic rare earth resources, avoid harmful mining and processing of excessive pollution of the environment. Therefore, rare earth mining loss. Verbeek pointed out, it is not clear, Chinese will continue to supply the world market as well as to what extent.

Prices fell

Nevertheless, the international market, prices have fallen. Many enterprises are now looking for the high technology of metal ore alternatives. Verbeek pointed out, foreign consumers increasingly use alternative raw materials, and reduces the application of rare earth. In addition, the world economic crisis also makes the demand to fall. Also, although Beijing's central government restrictions on many small, local producers are still regardless of the provisions, to continue production, and thus lower prices. Verbeek thinks, Beijing tried to make the rare earth prices remain high long-term plan must have failed. Although, China holds the world's largest rare earth reserves, but other America and Russia and other countries also have huge storage, fully able to meet domestic demand. In addition, Japan, Europe, America and other countries and regions of high-end enterprise to find alternatives to rare earths for certain products, and more efficient recycling of rare earth materials. Of course, this strategy also has the limit, at least, so far, rare earth is still indispensable in many technical fields.

Forces

On the other hand, as prices fall, change relation between power. In 2011, certain kinds of rare earth prices reached the highest point, which makes the difficult area exploitation of rare earth has become attractive. For example, discontinued 8 years later, USA California “ ” ore pass (MountainPass) at the end of 2010 production; in Malaysia, last year has started processing from Australian rare earth.

However, the German Federal Bureau of Geology and raw materials (BGR) recently pointed out, today, in California and Malaysia, have no one to talk about was exciting “ expand the production capacity of ” this prospect.

Mercator China Research Institute expert Verbeek stressed, has its historical reasons China dominant position in the field of rare earth. In very long period of time, Beijing to the low price of this high technology of metal ore mining, resulting in the rest of the world mining unable to map. While the industrial countries and long-term underestimate the strategic value of rare earth. According to his statement is: “ industrial country consumers long-term peace of mind lying on the China prices. ”

Suddenly 3 years ago rare earth prices rise, stimulated the mass in search of a rare earth ore international. According to the Federal Bureau of geological materials and digital, has discovered more than 440 rare earth ore. The agency said in a report, new mines, many potential minerals and beyond all expectations of many alternatives to rare earths prices fell.

But, even so, China rare-earth monopoly has not shaken. In particular, the heavy rare earth called is still only Chinese mining, and heavy rare earth is crucial for electric mobility, the wind power generation device and energy saving lighting has significance. That the Federal Bureau of Geology and raw materials, the heavy rare earth supply is still under threat.


Tungsten Manufacturer & Supplier: Chinatungsten Online - http://www.chinatungsten.com
Tel.: 86 592 5129696; Fax: 86 592 5129797
Email:  sales@chinatungsten.com
Tungsten & Molybdenum Information Bank: http://i.chinatungsten.com
Tungsten News & Tungsten Prices, 3G Version: http://3g.chinatungsten.com
Molybdenum News & Molybdenum Price: http://news.molybdenum.com.cn

WTO panel report released U.S., EU , Japan and other members of the party complained Chinese exports of rare earth tungsten and molybdenum - Measures ( referred to as " rare case" ) . The report said that the Chinese government adopted a series of measures to limit the export of these products in violation of WTO rules should be amended to conform to WTO rules . In this regard, the Chinese side expressed regret and has recently decided to appeal the panel report in relation to the WTO Appellate Body .

WTO Panel sure I protect the environment and resources, but I recognized export restrictions

In recent years , Chinese government for the purpose of protecting the environment and exhaustible domestic resources have been put forward a series of measures to limit the export of raw materials such as rare earth , which caused the United States, Europe , and Japan , as rare as a strategic resource and long tradition imported from China "big " their dissatisfaction. But in fact, rare earth resources in China have not rich , but it has long been the world's largest rare earth export country .

With the rapid development of high-tech industries , global demand and rapid growth in the consumption of rare earths . Rare earth resources are non-renewable mineral resources , due to the large number of years , disorderly exploitation , China 's rare earth resources are on the verge of exhaustion . On the other hand , rare earth production, processing a tremendous impact on the ecological environment , environmental pollution caused by its mining more serious . Seen, to some extent, limit exports of rare earths will undoubtedly help to curb the momentum of China 's rare earth mining , consistent with the policy goals of sustainable development.

Many people do not understand , is this a very proper measures are WTO panel did not get recognized , but the judgment against the Chinese ? Some people ask, Does the Chinese government must sacrifice their own resources and the environment to maintain a large number of exports to developed countries do ? For China, this is fair?

In fact , just read the panel report , it is not difficult to find , WTO Expert Group did not identify the Chinese government restrictions on the export of raw materials and rare earth purpose is wrong, not only that, the expert group on the Chinese side to protect exhaustible resources and the environment in mind to be sure that this is not only consistent with the objectives of sustainable development pursued by the WTO , but also China has sovereign rights to manage natural resources. Unfortunately , the Group believes that some restrictions on the export of measures taken by the Chinese side did not achieve the above objective , for some reasonable evidence and views put forward by China were not admissible . Especially in the export tax measures , despite an expert group members supported the Chinese point of view , but in the end the Group of Experts still believe that China is not entitled to invoke GATT Article 20 , " General Exceptions " clause of China 's export tax take defense .

Appeal to the WTO Appellate Body : Hope and anxiety coexist

On appeal , we should carefully analyze the report of the Group , on this basis, the full use of WTO rules and construed in accordance with the law argue utmost to strive for the success of the appeal .

In accordance with WTO rules , the Appellate Body only appeal to review the legal issues of the case , therefore , the ability to use the rule of law , the ability to explain the success of the appeal is crucial . Now it seems that the final result for the appeal , the hopes and fears coexist.

On the one hand , the export tax, an expert group members as well as Russia , Brazil , Argentina and other members of the party 's support for China -related positions so that we see the hope . In the case hearing , the experts believe that , starting from the integrity and overall perspective of interpretation of the WTO Agreement , together with the Chinese side should enjoy the " general exceptions " rights conferred by Article 20 of GATT on the export tax issue with the WTO members , the provision allows members to meet the statutory requirements under the premise of protecting the environment and exhaustible resources , the protection of human , animal and plant life and health and violate WTO rules.

Raw materials in China WTO has ruled in the case , WTO Experts Group based only on China ' s Protocol ' exit tax provisions Section 11.3 , did not identify the Chinese have no right to invoke GATT1994 advocate on GATT Article 20 on the export tax question " in general exceptions " rights conferred by this new member of the WTO , such as China is obviously unfair . To this end , the Chinese government and international law experts , scholars have been using a variety of occasions , actively using the theory of international law and WTO rules argue. The win support from an expert as well as a number of important WTO members , and indeed made ​​important progress .

But one can imagine , on this issue , the appeals process between China and the United States, Europe, Japan and the inevitably there will be a battle , we must be fully prepared for all aspects of the fight to change the position before the WTO Appellate Body held , China is in favor of the right to invoke GATT Article 20 , " general Exceptions " in terms of export taxes .

In addition, the Group of Experts to ignore certain evidence submitted by the Chinese as well as efforts to protect the environment and exhaustible resources, especially that the Chinese government take to limit the number of rare earth and other views licenses and other export restrictions and WTO rules we should further explain and defend to the Appellate Body .

Of course , from a previous judicial practice WTO Appellate Body ruling to overturn the possibility of the Group of Experts was not great, which is why we worry for the outcome of the appeal . But even so, should not be shaken, even give up fighting for the rights of determination and confidence , because , after all, is an important opportunity to appeal to reiterate our views and positions .

We should also re-examine the execution and implementation of policy measures

Meanwhile , at home, our government departments and local should urgently re-examine whether there are areas for improvement restrict the export of rare earth and other raw materials and concrete implementation of policies and measures to implement the process .

For example , in accordance with the requirements of the WTO rules and the " principle of good faith " in international law , at the same time should also restrict the export restrictions on domestic production and consumption , export restrictions , if on the one hand , while on the other hand the domestic production and consumption is increasing , this will form the international trade " arbitrary, disguised discrimination ," which is not allowed by WTO rules .

In particular it should be noted that, after the central government has formulated policies , some local governments and enterprises only their own petty , openly or covertly continuing large number of mining rare earths , the so-called "policies , under the measures ." This is not only with the national environmental protection efforts and contrary to the relevant decision-making , but also invited heavy criticism , be evidence of another attack China 's rare earth policy.

In addition, to implement the protection of the environment and exhaustible resources policy, between the central government departments, relevant policies and measures between central and local government should further be coordinated , absolutely avoid fragmented, inconsistent rulemaking situation . This is the uniform implementation of WTO agreements and the principle of transparency requires members to assume the obligations in this regard , we have a lot of work to do .

In short, the rare case gives us a lot of inspiration and reflection , hope and worry exist , but for our future development of environmental policy and legislation to promote scientific, fine, unification is concerned , is not a bad thing.


Tungsten Manufacturer & Supplier: Chinatungsten Online - http://www.chinatungsten.com
Tel.: 86 592 5129696; Fax: 86 592 5129797
Email:  sales@chinatungsten.com
Tungsten & Molybdenum Information Bank: http://i.chinatungsten.com
Tungsten News & Tungsten Prices, 3G Version: http://3g.chinatungsten.com
Molybdenum News & Molybdenum Price: http://news.molybdenum.com.cn

Ganzhou City Hall held a news conference, the netizen reflects the re regulation related issues, informed of the relevant situation.

Ganzhou City Hall relevant person in charge, before 2010, Ganzhou rare earth once more serious illegal coal phenomenon. In accordance with the national unified deployment, since the end of 2010, Ganzhou city to increase the rare earth mining order rectification, to ban a number of illegal exploitation of mines, but the grass-roots cadres involved in the illegal exploitation of the phenomenon still occur. In 2013 June, the Jiangxi provincial Party committee held a special meeting, the deployment of Ganzhou rare earth to carry out special rectification work. Ganzhou city in accordance with the deployment, led by the City Commission for Discipline Inspection, taking Anyuan County as the key point, carried out over a period of 3 months of rare earth special rectification. Rectification period, the city sent a total of more than 200 working group, a total of more than 3000 people, found and crack down on illegal mining point of 233 (including Anyuan County, 104), the illegal exploitation of Mines parties has been filed.

Through the special rectification, a fundamental improvement of Ganzhou rare earth mining order, rare earth prices steadily rise, give full play to the advantages of rare earth resources for Ganzhou, bigger and stronger the rare earth industry to create the conditions, be the Ministry, national rare earth office, the Ministry of land and resources fully affirmed.


Tungsten Manufacturer & Supplier: Chinatungsten Online - http://www.chinatungsten.com
Tel.: 86 592 5129696; Fax: 86 592 5129797
Email:  sales@chinatungsten.com
Tungsten & Molybdenum Information Bank: http://i.chinatungsten.com
Tungsten News & Tungsten Prices, 3G Version: http://3g.chinatungsten.com
Molybdenum News & Molybdenum Price: http://news.molybdenum.com.cn