WTO panel ruled that China's rare earth export policy violation Chinese side expresses regret

Central Broadcasting Network Beijing March 27 , according to news reports, the WTO yesterday ( the 6th ) announced the United States , European Union, Japan v. China rare earths , tungsten, molybdenum export management measures related to the case of the panel report , ruled that Chinese exports of the product concerned management measures violations. Chinese Commerce Department of Treaty and Law Department official has issued a statement said that China is evaluating the report panel decisions and make proper follow-up to the case under the WTO dispute settlement procedures .

Deputy Director of the Department of Treaty and Regulation Department , said Yang Guohua , WTO panel report endorsed the original intention of protecting environmental resources , but two key issues , WTO and China did not stand here .

Yang Guohua : This case from a legal point of view, there are two main problems , one is China on rare earth exports increased by an export tax. Another one is the implementation of export quotas, export only a certain amount each year , the WTO panel report released in , say , the two are inconsistent with WTO rules . These are two core issues .


However, the report does not mean that the lawsuit Huashangjuhao United States, Japan , Europe and China between . Yang Guohua :

Yang Guohua : After we received the report of the expert group , has the right to appeal , the Appellate Body will probably make a decision within three months within 60 days, so this case is not a final result , we are also studying the panel report legal analysis made ​​, to consider whether to appeal .

Yang Guohua said that faced with increasingly severe pressure on resources and the environment , the Chinese government in recent years to strengthen and improve the high pollution, high energy consumption of the integrated management of resource products . This is not only China conservation of exhaustible natural resources and the needs of the environment , are also important for maintaining global sustainability efforts made ​​. China believes that these management measures in line with WTO advocates sustainable development goals , and promoting resources , environment and human coordinated development. China will continue to comply with WTO rules and ways to strengthen the management of resource products , maintain fair competition.

Yang Guohua : In the process of handling the case , we have learned a few things , such as resources in the mining process , the total mining restrictions, such as resource tax. We take more in line with WTO management approach to manage the export of resource products , which is the direction we are now .

The request of China , WTO Dispute Settlement Body on the 26th set up expert groups , audit products anti-dumping measures taken by the United States to China . The Chinese side said that some anti-dumping measures taken by the U.S. Department of Commerce does not meet U.S. obligations under the terms of the WTO " Anti-Dumping Agreement ," the . Chinese Ministry of Commerce said that the U.S. anti-dumping investigation and review, the existence of dumping improper application of objective methods , refusing to give businesses a single tax rate applicable to a range of improper practices incompatible with WTO rules and other adverse presumption of fact , errors identified the existence of dumping of Chinese products , serious exaggerate the margin of dumping of Chinese products . The dispute involves 13 U.S. anti-dumping measures taken by China OCTG products in the practice of Chinese companies involved in the export value reached $ 8.4 billion .


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