WTO preliminary ruling against China rare earth quota system challenges

October 28 , the Ministry of Commerce announced the 2014 rare earth export quota reporting conditions and reporting procedures . If launched from 1998 rare earth export quota license system date, this model has more than 15 years.

Now, the earth is facing a change in the quota system . Foreign media recently reported that Chinese exports of rare earths regulation triggered America, Europe and China trade litigation, WTO (WTO) has basically endorsed the idea of ​​America, Europe , and has issued a tentative judgment relevant national notice , finds China violation of the 2001 WTO accession agreement commitments.

October 30 , the reporter learned from authoritative sources , at present, government departments have already commenced discussions on the news , "message should be true ." The official said China is very difficult to restore the situation .

Chinese Ministry of Commerce and Ministry of Industry and so had repeatedly stressed that China adopt a quota system for rare earth and make industry consolidation , the purpose is to protect resources and the environment and achieve sustainable development , in line with WTO rules . The Chinese government has no intention of trade-distorting way to protect domestic industries .

Preliminary ruling unfavorable to China

Last March , the United States on China for rare earths , tungsten and molybdenum imposed export controls raised the question that these restrictive measures on these raw materials in the international market supply chains caused huge distortions and harmful interference. EU and Japan also made the request for consultations with China .

China has about 23% of the world 's rare earth reserves , but long-term supply more than 90 percent of global rare earth production. Previously few years, China's exports of rare earths has been executed rare earth export quota system , which annually clear domestic compliance with the relevant conditions of production and distribution companies in export volume , in order to protect resources and the environment and realize sustainable development.

Commerce Department released data show that China's rare earth export quota year 2010 a total of 30,258 tons , compared to 2009 decreased by almost 40% , while in 2004-2009 , rare earth export quotas of 66,000 tons , 66,000 tons , 62,000 tons , 60,000 tons , 47,000 tons , 50,000 tons , the annual amount did not exceed the 10% decrease .

"Foreign mainly aimed at China's quota system , which is not enough to use the problem is for this matter is reasonable . " Baotou a rare corporate executives interview with this reporter , said that earth is just " the beginning , "the lawsuit defeated, will involve numerous resources sector .

The parties, of rare earth quotas actually originated in the year of entry agreement , some of the rare element was not added attention and was not included in the scope of protection included in the negotiations , the Chinese did not realize at that time , and later found out, to come up with a quotas.

In fact, in some specific cases, WTO rules allow members to conduct export control , in which one out of non-renewable natural resources protection. But Europe and the United States put forward , if indeed out of this consideration , China 's restrictive measures should also be applied to China 's domestic production.

Multi- channel display , WTO has basically endorsed the idea of ​​America, Europe , and to notify the relevant national judge issued a tentative , finds a violation of 2001 China joined the WTO agreement commitments.

In the eyes of domestic rare earth enterprises , so that the results may not be an accident. "Even if you can appeal , but also a formality , there is not much practical significance. "These rare earth business people said.

Foregoing authorities also revealed that at present , government departments have already started discussions , but " even if unsuccessful , would not immediately abolish the quota ."

It is reported that the equivalent of first instance verdict WTO panel report in mid-November release , countries if satisfied with the ruling may apply to the WTO High Commission of Appeal.


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