WTO ruled that the United States double reverse measures violations, after China pulled one rare case

In fact, China has already done the worst mental preparation and the necessary responses. In rare cases , for example, China has not only implemented the rare earth mining , production , rare earth series of special VAT invoice management systems , but also for three consecutive years to carry out rare earth mining , production , environmental protection, the fight against the smuggling of special rectification actions.

"You could say , even if it is the final award , for China 's rare earth industry is by no means a devastating blow. " Ministry of Commerce, Law Department official who asked not to be named to the China news agency reporter Zhi Chu , nine kinds of raw materials export case in 2012 is considered to be the final decision of rare cases " preview " that the final ruling China " loser " China then adjusted in accordance with the ruling . So far, nine kinds of raw materials and stable development of the industry in question , and no major problems .

In view of this , there is reason to believe that China 's rare earth industry and will not encounter the foreign media speculation " devastating blow " , China 's rare earth exports will not be staged , " Qian Kun Da Nuo " , return once the "cabbage price . " China only in respect penance "Strength" on the basis of WTO ruling on export restrictions of rare earth mining and more refined measures in order to take a dip in the international market at the same time to achieve the objective of protecting resources and the environment .

Following the report of the 26th WTO panel finds irregularities Chinese rare earth export management measures and other related products , on the 27th almost the same time , WTO panel report recurrence ruled China v. United States Tariff Act amendments to the WTO Dispute U.S. measures violate WTO rules. Within this 24 hours staged "reverse play" not only allow people sometimes "a little ignorant " , but also a vivid interpretation of the essence of the WTO arbitration lies.

"This ruling called China a major victory. " 27 evening , talking about the panel report has just been published , deputy director of the Department of Treaty and Law Department of Commerce of China Yang Guohua told news agency reporters . Yang Guohua noted that this is the active use of WTO rules China challenge another important victory in the U.S. abuse of trade remedy measures will further force the U.S. to abandon the practice and re-examine the error involved in dual action.

As an important feature of the present case , the United States involved in up to 26 pairs of counter measures , the coverage of the U.S. Department of Commerce from November 2006 to March 2012 during the final decision on China , almost all dual taxation measures , involving a total of 24 kinds of products , involving an amount of more than $ 7.2 billion .

" The case of China is the main countervailing measures against the United States calculated the same time, the legal basis for these countervailing measures - dual relief practices and Tariff Act Amendments (GPX legislation ) also claims in China of the column , because it is anti- American dual measures institutional problems . " Yang Guohua said.

However , the panel majority opinion was that the U.S. import GPX legislation does not increase the burden , and accordingly ruled GPX legislation does not violate WTO rules as a whole . This means that , in this case China 's " win " is not a "victory ."

"This is where the special nature of the WTO ruling - no hundred percent victory and defeat , the key is to look at what the demands were supported and which are not supported. Associate Professor, " Peking University Zhang Zhiyong of China news agency reporter Zhi Chu .

In rare cases the ruling as an example, although the rights of the panel report finds China's rare earth export management measures related products illegal , but the report also confirmed the principle of sovereignty of resources , sustainable development in China approved the exercise of sovereignty over natural resources , endorsed the implementation of China a comprehensive policy to protect resources , and efforts made ​​by China in terms of resource conservation affirmed .

"This shows that China's WTO rare earth export controls certainly the original intention and purpose , but in some specific implementation measures that China has a bias. " Chinese Academy of Social Sciences , director of international law, international economic law news agency reporter Liu Jingdong analysis to the case .

According to WTO rules , China will be released in the panel report within 60 days whether to appeal the decision , such an appeal will be made ​​by the WTO Appellate Body ruling , the ruling is final. This means that the rights of Chinese rare cases still on appeal .

So , in v. United States Tariff Act amendments , the United States also have the right to appeal. If a prevailing party dissatisfied with China on panel decisions , also has to select the right of appeal . But once the final award announcement, both the original defendant has an unconditional obligation to perform .

"WTO arbitration in the field of international law is special , it is a quasi-judicial manner , requiring all member states must accept its jurisdiction . " Liu Jingdong said that while under normal circumstances, many countries , including China, have no obligation to accept international jurisdiction .

From this sense, both the rare case or v. United States Tariff Act amendments are far from " closed ." But no doubt that China needs to be a sense of balance to treat the WTO ruling, and then plan ahead to get the job done in front .


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